I 

118TH CONGRESS 

1ST SESSION H. R. 509 

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 HOUSE OF REPRESENTATIVES 

JANUARY 25, 2023 

Mr. DAVIDSON (for himself, Mr. BIGGS, Mr. DONALDS, Mr. ROY, Mr. BISHOP

of North Carolina, Mrs. LESKO, Mr. GUEST, Mr. CAREY, Mr. NORMAN, 

Mr. WEBER of Texas, Mr. TIFFANY, and Mr. BALDERSON) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

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; and 

5 ‘‘(ii) based upon an individualized, 

6 case-by-case determination of the covered 

7 loan borrower’s— 

8 ‘‘(I) eligibility for the targeted 

9 loan forgiveness; and 

10 ‘‘(II) satisfaction of all terms and 

11 conditions precedent to receive the 

12 targeted loan forgiveness. 

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

14 means a loan made, insured, or guaranteed under 

15 part B, D, or E. 

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

17 Notwithstanding any other provision of this Act or any 

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

19 class-based loan forgiveness unless funds have been spe20 cifically requested and appropriated for the purpose 

21 through the process described in subsection (c). 

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

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

24 provide any class-based loan forgiveness until— 


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

2 under paragraph (2); and 

3 ‘‘(B) funds have been specifically appro4 priated for such request by Congress through 

5 an appropriations Act or other law. 

6 ‘‘(2) REQUEST.—In any case where the Sec7 retary determines class-based loan forgiveness is 

8 necessary, the Secretary shall submit to the author9 izing committees, the Committee on Appropriations 

10 of the Senate, and the Committee on Appropriations 

11 of the House of Representatives a written request 

12 that describes— 

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

14 in the class and the aggregate amount of the 

15 covered student loan obligations that will be 

16 cancelled, waived, assumed, discharged, re17 duced, or otherwise forgiven through the class18 based loan forgiveness; 

19 ‘‘(B) the particular reason for the class20 based loan forgiveness; 

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

22 identification of any authorizing statute or rule, 

23 of the Department to grant such class-based 

24 loan forgiveness; and 


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1 ‘‘(D) the particular reason the student 

2 loan obligations are being cancelled, waived, as3 sumed, discharged, reduced, or otherwise for4 given on a collective basis, rather than through 

5 a case-by-case assessment. 

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

7 a class-based loan forgiveness request submitted 

8 under paragraph (2) are not specifically appro9 priated under an appropriations Act or other law 

10 during the fiscal year for which the request is sub11 mitted— 

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

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

14 be reconsidered in a future fiscal year, the Sec15 retary shall resubmit the request for such fiscal 

16 year.’’. 

Æ 


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