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              Congressional____
            aResearch Service






The Biden Administration's One-Time

Student Loan Debt Relief Policy under the

HEROES Act of 2003



Updated July 10, 2023

On August 24, 2022, invoking the HEROES Act of 2003, the Department of Education (ED) announced a
one-time student loan debt relief' policy (the policy) to address the financial hanns of the [COVID-19]
pandemic for low- and middle-income borrowers that would have made available up to $20,000 of loan
cancellation benefits per individual to millions of federal student loan borrowers. On June 30, 2023, the
Supreme Court ruled that the policy exceeded the Secretary of Education's authority under the HEROES
Act. In doing so, the Court precluded ED from granting student loan cancellation under the policy. This
Insight describes the features of the planned policy. CRS Legal Sidebar LSB 10997, Supreme Court
Invalidates Student Loan Cancellation Policy Under the HEROES Act, summarizes the Supreme Court's
decision invalidating the policy.
This policy represented a departure from other types of student loan debt relief, which historically have
been available to borrowers on a more targeted basis and typically provide relief to individuals for
fulfilling employment requirements, for repaying their loans according to an income-driven repayment
plan, or following borrower hardships (e.g., total and permanent disability). These programs, to date, have
provided relief to hundreds of thousands of borrowers, and could ultimately provide relief to more. The
Administration's new policy was broader in scope and would have been available to millions of
borrowers based on limited eligibility criteria.

The   Policy

Approximately 45 million borrowers owe over $1.6 trillion in federal student loan debt. Under the
cancellation policy, the Biden Administration planned to cancel the following:
      up to $10,000 in student loans for borrowers whose adjusted gross income (AGI) in 2020
       or 2021 was less than $125,000 (for individuals or married borrowers who file federal
       income taxes separately), or $250,000 (for married couples filing jointly, heads of
       households, or qualifying widow(er)s); borrowers enrolled in postsecondary education as


                                                              Congressional Research Service
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CRS INSIGHT
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