Protecting JOBs Act

II 117TH CONGRESS 1ST SESSION S. 210 To prohibit States from suspending, revoking, or denying State-issued professional licenses or issuing penalties due to student default. IN THE SENATE OF THE UNITED STATES FEBRUARY 3, 2021 Mr. RUBIO (for himself and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit States from suspending, revoking, or denying State-issued professional licenses or issuing penalties due to student default. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Job Oppor- 4 tunities for Borrowers Act’’ or the ‘‘Protecting JOBs 5 Act’’. 6 VerDate Sep 11 2014 01:19 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S210.IS S210 kjohnson on DSK79L0C42PROD with BILLS 2 •S 210 IS SEC. 2. PROHIBITION AGAINST SUSPENSION, REVOCATION, 1 OR DENIAL OF STATE-ISSUED PROFESSIONAL 2 LICENSES OR PENALTIES DUE TO STUDENT 3 DEFAULT. 4 (a) HIGHER EDUCATION ACT OF 1965 LOANS.—Part 5 B of title I of the Higher Education Act of 1965 (20 6 U.S.C. 1011 et seq.) is amended by adding at the end 7 the following: 8 ‘‘SEC. 124. PROHIBITION AGAINST SUSPENSION, REVOCA- 9 TION, OR DENIAL OF STATE-ISSUED PROFES- 10 SIONAL LICENSES OR PENALTIES DUE TO 11 STUDENT DEFAULT. 12 ‘‘(a) PROHIBITION.—Beginning 2 years after the 13 date of enactment of the Protecting Job Opportunities for 14 Borrowers Act, a State that receives assistance under this 15 Act may not suspend, revoke, or deny the approval or re- 16 newal of a State-issued license described in subsection (b) 17 or issue a fine or other penalty with respect to an indi- 18 vidual based solely on such individual’s default or delin- 19 quency on a loan made, insured, or guaranteed under title 20 IV. 21 ‘‘(b) TYPES OF LICENSES.—A State-issued license 22 described in this subsection means any of the following: 23 ‘‘(1) A State-issued driver’s license (including 24 any State-issued document permitting a specific in- 25 dividual to operate one or more types of motorized 26 VerDate Sep 11 2014 01:19 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S210.IS S210 kjohnson on DSK79L0C42PROD with BILLS 3 •S 210 IS vehicles, such as a motorcycle, car, truck, or bus on 1 a public road). 2 ‘‘(2) A State-issued teaching license. 3 ‘‘(3) A State-issued professional license involved 4 in or affecting interstate commerce (including any li- 5 cense, permit, certificate, registration, charter, au- 6 thority or similar form of permission required for 7 lawful employment in a particular career field). 8 ‘‘(c) INJUNCTIVE RELIEF.—Any individual aggrieved 9 as a result of a violation of subsection (a) may bring a 10 civil action in an appropriate district court of the United 11 States to obtain prospective injunctive relief against an in- 12 dividual State officer in the officer’s official capacity.’’. 13 (b) HEALTH EDUCATION LOANS.— 14 (1) IN GENERAL.—A State may not suspend, 15 revoke, or deny the approval or renewal of a State- 16 issued license described in section 124(b) of the 17 Higher Education Act of 1965 or issue a fine or 18 other penalty with respect to an individual based 19 solely on such individual’s default or delinquency on 20 a Health Education Assistance Loan or Primary 21 Care Loan made under part A of title VII of the 22 Public Health Service Act (42 U.S.C. 292 et seq.). 23 (2) INJUNCTIVE RELIEF.—Any individual ag- 24 grieved as a result of a violation of paragraph (1) 25 VerDate Sep 11 2014 01:19 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S210.IS S210 kjohnson on DSK79L0C42PROD with BILLS 4 •S 210 IS may bring a civil action in an appropriate district 1 court of the United States to obtain prospective in- 2 junctive relief against an individual State officer in 3 the officer’s official capacity. 4 Æ VerDate Sep 11 2014 01:19 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S210.IS S210 kjohnson on DSK79L0C42PROD with BILLS