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Student Loan Cancellation under the HEROES Act. CRS Report R47505, Version 2

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Title: Student Loan Cancellation under the HEROES Act. CRS Report R47505, Version 2
Language: English
Authors: Liu, Edward C., Stiff, Sean M., Library of Congress, Congressional Research Service (CRS)
Source: Congressional Research Service. 2023.
Availability: Congressional Research Service. Web site: https://crsreports.congress.gov/
Peer Reviewed: N
Page Count: 55
Publication Date: 2023
Intended Audience: Policymakers
Document Type: Reports - Research
Descriptors: Student Loan Programs, Loan Repayment, Federal Legislation, Debt (Financial), Student Financial Aid, Federal Aid, Court Litigation, Public Policy, Risk Management, Eligibility, Educational Finance
Geographic Terms: Missouri, Texas, United States, Nebraska, Arkansas
Laws, Policies and Program Identifiers: Family Education Loan Program, Federal Direct Student Loan Program
Abstract: In August 2022, the U.S Department of Education (ED) announced it would invoke the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to cancel up to $20,000 of federal student loan debts for borrowers who fell below certain income thresholds. The HEROES Act authorizes the Secretary to "waive or modify" statutory or regulatory provisions applicable to federal student financial assistance programs under Title IV of the Higher Education Act (HEA) of 1965 to ensure that borrowers are not placed in a worse position financially in relation to their student loans as a result of a war, other military operation, or national emergency. Plaintiffs filed multiple lawsuits challenging the cancellation policy before any borrowers could obtain relief under it. Certain suits resulted in two federal court orders blocking implementation of the program. The Supreme Court agreed to review these two cases, "Biden v. Nebraska" and "Department of Education v. Brown," and heard oral argument in February 2023. The questions for which the Court granted certiorari generally can be divided into jurisdictional questions, that is, whether federal courts may hear the challenges to the cancellation policy, and merits questions, that is, assuming jurisdiction exists, whether the cancellation policy is lawful. This report begins by placing those important questions in their context, surveying affected federal student loan programs, past uses of HEROES Act authority, and congressional debates concerning student loan cancellation. The report then describes the cancellation policy itself and traces the history of Nebraska and Brown in the lower courts. This report next assesses the parties' key legal arguments about standing, statutory authority for the policy, and whether the Secretary adopted the policy in a procedurally valid manner. Finally, this report concludes with a discussion of potential implications of decisions in Nebraska and Brown for the cancellation policy, for the Secretary's HEROES Act authority, and for legal doctrines that are not confined to the federal student loan context.
Abstractor: ERIC
Entry Date: 2023
Accession Number: ED629836
Database: ERIC
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  Data: Student Loan Cancellation under the HEROES Act. CRS Report R47505, Version 2
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  Data: <searchLink fieldCode="DE" term="%22Missouri%22">Missouri</searchLink><br /><searchLink fieldCode="DE" term="%22Texas%22">Texas</searchLink><br /><searchLink fieldCode="DE" term="%22United+States%22">United States</searchLink><br /><searchLink fieldCode="DE" term="%22Nebraska%22">Nebraska</searchLink><br /><searchLink fieldCode="DE" term="%22Arkansas%22">Arkansas</searchLink>
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  Data: In August 2022, the U.S Department of Education (ED) announced it would invoke the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to cancel up to $20,000 of federal student loan debts for borrowers who fell below certain income thresholds. The HEROES Act authorizes the Secretary to "waive or modify" statutory or regulatory provisions applicable to federal student financial assistance programs under Title IV of the Higher Education Act (HEA) of 1965 to ensure that borrowers are not placed in a worse position financially in relation to their student loans as a result of a war, other military operation, or national emergency. Plaintiffs filed multiple lawsuits challenging the cancellation policy before any borrowers could obtain relief under it. Certain suits resulted in two federal court orders blocking implementation of the program. The Supreme Court agreed to review these two cases, "Biden v. Nebraska" and "Department of Education v. Brown," and heard oral argument in February 2023. The questions for which the Court granted certiorari generally can be divided into jurisdictional questions, that is, whether federal courts may hear the challenges to the cancellation policy, and merits questions, that is, assuming jurisdiction exists, whether the cancellation policy is lawful. This report begins by placing those important questions in their context, surveying affected federal student loan programs, past uses of HEROES Act authority, and congressional debates concerning student loan cancellation. The report then describes the cancellation policy itself and traces the history of Nebraska and Brown in the lower courts. This report next assesses the parties' key legal arguments about standing, statutory authority for the policy, and whether the Secretary adopted the policy in a procedurally valid manner. Finally, this report concludes with a discussion of potential implications of decisions in Nebraska and Brown for the cancellation policy, for the Secretary's HEROES Act authority, and for legal doctrines that are not confined to the federal student loan context.
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      – Text: English
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      Pagination:
        PageCount: 55
    Subjects:
      – SubjectFull: Student Loan Programs
        Type: general
      – SubjectFull: Loan Repayment
        Type: general
      – SubjectFull: Federal Legislation
        Type: general
      – SubjectFull: Debt (Financial)
        Type: general
      – SubjectFull: Student Financial Aid
        Type: general
      – SubjectFull: Federal Aid
        Type: general
      – SubjectFull: Court Litigation
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      – SubjectFull: Public Policy
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      – SubjectFull: Risk Management
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      – SubjectFull: Eligibility
        Type: general
      – SubjectFull: Educational Finance
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      – SubjectFull: Missouri
        Type: general
      – SubjectFull: Texas
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      – SubjectFull: United States
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      – SubjectFull: Nebraska
        Type: general
      – SubjectFull: Arkansas
        Type: general
      – SubjectFull: Family Education Loan Program
        Type: general
      – SubjectFull: Federal Direct Student Loan Program
        Type: general
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      – TitleFull: Student Loan Cancellation under the HEROES Act. CRS Report R47505, Version 2
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