[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4815 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4815
To prohibit the mass cancellation of student loans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2024
Mr. Romney (for himself, Mr. Cassidy, Mr. Tillis, and Mr. Scott of
South Carolina) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit the mass cancellation of student loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress does not hide elephants in mouseholes;
statutory authority has not been provided to the executive
branch of the Federal Government to cancel student loans on a
mass scale.
(2) In 2023, the Supreme Court struck down the Biden
Administration's attempt at mass cancellation of student loans
in Biden v. Nebraska, 600 U.S. 477 (2023), concluding that
```[t]he basic and consequential tradeoffs' inherent in a mass
debt cancellation program `are ones that Congress would likely
have intended for itself''' and `` . . . our precedent--old and
new--requires that Congress speak clearly before a Department
Secretary can unilaterally alter large sections of the American
economy.''.
(3) It is unfair for taxpayers who already paid their
student loans, chose not to pursue higher education, or worked
hard to pay for their education without taking on student loan
debt, to foot the bill of millions of borrowers.
SEC. 3. PROHIBITION ON MASS CANCELLATION OF STUDENT LOANS.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Education, the Secretary of the Treasury,
or the Attorney General shall not take any action to cancel or
forgive the outstanding balances, or portion of balances, of
covered loans, except as provided in paragraph (2).
(2) Exemption.--The prohibition described in paragraph (1)
shall not apply to targeted Federal student loan forgiveness,
cancellation, or repayment programs carried out under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), under
final regulations as in effect on May 11, 2022.
(b) Definitions.--In this section, the term ``covered loan''
means--
(1) a loan made, insured, or guaranteed under part B, D, or
E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.; 1087aa et seq.) before, on, or
after the date of enactment of this Act; or
(2) a loan under the Health Education Assistance Loan
Program under title VII of the Public Health Service Act (42
U.S.C. 292 et seq.) made before, on, or after the date of
enactment of this Act.
(c) Limitation.--The Secretary of Education, the Secretary of the
Treasury, or the Attorney General may not implement, or publish in any
form, any regulation, or take any action, that modifies, alters,
amends, cancels, discharges, forgives, or defers the repayment of any
student debt not expressly permitted within statute or regulation as in
effect on March 12, 2020, regarding covered loans, except to the extent
that such regulation or action reflects the clear and unequivocal
intent of Congress in legislation.
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