II 

118TH CONGRESS 

1ST SESSION S. 72 

To prevent class-based loan forgiveness for Federal student loans under title 

IV of the Higher Education Act of 1965 without the explicit appropriation of funds by Congress for such purpose. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2023 

Mr. SCOTT of Florida (for himself, Ms. LUMMIS, Mr. BARRASSO, Mrs. BLACKBURN, and Mr. BRAUN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To prevent class-based loan forgiveness for Federal student 

loans under title IV of the Higher Education Act of 

1965 without the explicit appropriation of funds by Congress for such purpose. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Debt Cancellation Ac5 countability Act of 2023’’. 


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1 SEC. 2. PROHIBITION ON CLASS-BASED LOAN FORGIVE2 NESS WITHOUT PROPER APPROVAL. 

3 Part G of title IV of the Higher Education Act of 

4 1965 (20 U.S.C. 1088 et seq.) is amended by adding at 

5 the end the following: 

6 ‘‘SEC. 494A. PROHIBITION ON CLASS-BASED LOAN FORGIVE7 NESS WITHOUT PROPER APPROVAL. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) CLASS-BASED LOAN FORGIVENESS.— 

10 ‘‘(A) IN GENERAL.—The term ‘class-based 

11 loan forgiveness’ means the cancellation, waiver, 

12 assumption, discharge, reduction, or other for13 giveness of any obligation due on covered 

14 loans— 

15 ‘‘(i) on a class-wide basis and for a 

16 class of 2 or more covered loan borrowers; 

17 and 

18 ‘‘(ii) that totals more than 

19 $1,000,000. 

20 ‘‘(B) EXCEPTION FOR EXISTING TAR21 GETED LOAN FORGIVENESS PROGRAMS.—The 

22 term ‘class-based loan forgiveness’ does not in23 clude a targeted program of loan forgiveness ex24 plicitly established under this Act and in effect 

25 before January 1, 2022, if the cancellation, 

26 waiver, assumption, discharge, reduction, or 


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1 other forgiveness of any obligation due on a 

2 covered loan is— 

3 ‘‘(i) granted for a single covered loan 

4 borrower who has submitted an application 

5 to the Department that includes an attes6 tation of compliance with all conditions 

7 and requirements of the applicable loan 

8 forgiveness program; and 

9 ‘‘(ii) based upon an individualized, 

10 case-by-case determination of the covered 

11 loan borrower’s— 

12 ‘‘(I) eligibility for the targeted 

13 loan forgiveness; and 

14 ‘‘(II) satisfaction of all terms and 

15 conditions precedent to receive the 

16 targeted loan forgiveness. 

17 ‘‘(2) COVERED LOAN.—The term ‘covered loan’ 

18 means a loan made, insured, or guaranteed under 

19 part B, D, or E. 

20 ‘‘(b) LIMITATION ON DEPARTMENT AUTHORITY.— 

21 Notwithstanding any other provision of this Act or any 

22 other law, the Secretary shall have no authority to provide 

23 class-based loan forgiveness unless funds have been spe24 cifically requested and appropriated for the purpose 

25 through the process described in subsection (c). 


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1 ‘‘(c) REQUEST AND APPROPRIATION PROCESS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall not 

3 provide any class-based loan forgiveness until— 

4 ‘‘(A) the Secretary has submitted a request 

5 under paragraph (2); and 

6 ‘‘(B) funds have been specifically appro7 priated for such request by Congress through 

8 an appropriations Act or other law. 

9 ‘‘(2) REQUEST.—In any case where the Sec10 retary determines class-based loan forgiveness is 

11 necessary, the Secretary shall submit to the author12 izing committees, the Committee on Appropriations 

13 of the Senate, and the Committee on Appropriations 

14 of the House of Representatives a written request 

15 that describes— 

16 ‘‘(A) the number of covered loan borrowers 

17 in the class and the aggregate amount of the 

18 covered student loan obligations that will be 

19 cancelled, waived, assumed, discharged, re20 duced, or otherwise forgiven through the class21 based loan forgiveness; 

22 ‘‘(B) the particular reason for the class23 based loan forgiveness; 

24 ‘‘(C) the legal authority, including the 

25 identification of any authorizing statute or rule, 


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1 of the Department to grant such class-based 

2 loan forgiveness; and 

3 ‘‘(D) the particular reason the student 

4 loan obligations are being cancelled, waived, as5 sumed, discharged, reduced, or otherwise for6 given on a collective basis, rather than through 

7 a case-by-case assessment. 

8 ‘‘(3) RESUBMISSION OF REQUEST.—If funds for 

9 a class-based loan forgiveness request submitted 

10 under paragraph (2) are not specifically appro11 priated under an appropriations Act or other law 

12 during the fiscal year for which the request is sub13 mitted— 

14 ‘‘(A) the request shall expire; and 

15 ‘‘(B) if the Secretary desires the request to 

16 be reconsidered in a future fiscal year, the Sec17 retary shall resubmit the request for such fiscal 

18 year.’’. 

Æ 


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