The writing sample that I have included is an abridged version of a memo that I wrote while

working as an intern in Sen. Mark R. Warner’s office in the Fall of 2022. This memo was written
for a member of Sen. Warner’s legislative staff to inform them about President Biden’s student
loan debt relief plan. This memo is a product of deep-rooted research into the nuances of the
policy as well as its public reception from both proponents and skeptics.

Brief overview
● On August 24, 2022, The White House issued a release that outlined President Biden’s
plan to combat the crushing effects of booming student loan debt in the face of the Covid-
19 Pandemic.
o This plan is intended to help working and middle-class federal student loan
borrowers transition back to regular payment as pandemic-related support expires.
● President Biden’s student debt relief program is broken down into three main parts.
o Part 1: Final extension of the student loan repayment pause through December 31,
2022.
o Part 2: Provide targeted debt relief to low- and middle-income families
o Part 3: Make the student loan system more manageable for current and future
borrowers by establishing a new income-driven repayment plan that will
substantially reduce future monthly payments for lower- and middle-income
borrowers.
● Senate Democrats immediately praised the administration for the announcement with
Majority Leader Chuck Schumer (D-NY) and Sen. Elizabeth Warren (D-MA) calling it
“the single most effective action that the President can take on his own to help working
families and the economy.”1
● At the same time, Senate Republicans, led by Minority Leader Mitch McConnell (R-KY)
pushed back against the action with McConnell stating that this was a “way to make
inflation even worse…and achieve nothing for millions of working American families
who can barely tread water.”1
● In May 2022, Senate Republicans proposed the Student Loan Accountability Act that
would essentially prevent any form of student debt relief coming from the White House.
● In the weeks since this announcement, many of those in opposition have cited legality
issues and claimed President Biden has acted outside the purview of his office.
o In response to questions of constitutionality, the Biden administration has cited
the Higher Education Relief Opportunities for Students (HEROES) Act of 2003.
This legislation which was passed in the wake of the terror attacks on September
11, 2001, provides the secretary of education with the broad authority to grant
relief from student loan requirements during specific periods of war, other
military operation, or national emergency2
● On September 27, 2022 the first official lawsuit was filed regarding President Biden’s
student debt relief program. This lawsuit, which was filed in the U.S. District Court for
the Southern District of Indiana by The Pacific Legal Foundation, claim that the policy is

1
https://www.cnbc.com/2022/08/24/as-biden-cancels-up-to-20000-of-student-debt-some-groups-want-
more.html
2
https://www2.ed.gov/policy/gen/leg/foia/secretarys-legal-authority-for-debt-cancellation.pdf
 not only illegal but could inflict harm on borrowers in some states who would be forced
to pay taxes on the forgiven amount.3

Background
● Since 1980, the total cost of both four-year public and four-year private colleges and
universities has nearly tripled.4 This fact, coupled with the exacerbated economic
hardships faced by millions as a result of the Covid-19 pandemic, has led to
disproportionately more Americans being crushed by the weight of enormous student
loan debt.
● Currently, America’s cumulative federal student loan debt has soared to $1.6 trillion5
which has led to devastating effects on building individual wealth and individuals’ ability
to assert fiscal responsibility over their future.
● The Pell Grant, which serves more than 6.7 million students, or 40% of all undergraduate
students in higher education6 once covered nearly 80% of the cost of a four-year public
college degree but now they only cover a third due to rising costs of attending college.7
o Nearly a third of student loan borrowers have debt but no degree which, for many,
is a result of not being able to complete their degree due to the unobtainable cost
of attendance.

H.Res.1412, Higher Education Relief Opportunities for Students (HEROES) Act of 2003
● In response to objections from Republicans and questions of constitutionality, Pres.
Biden has cited the 2003 HEROES Act as granting him the necessary authority to enact
this widespread student loan debt relief.
● In 2003, Congress first enacted the Higher Education Relief Opportunities for Students
(HEROES) Act.
● Under the HEROES Act, the Secretary of Education has the authorization to grant a
waiver that would ensure that affected individuals who have received student financial
assistance are not placed in a worse position financially as the result of a war or
emergency event.
● This legislation specifically applies to individuals who:
o Serve on active duty during a war, other military operation, or national
emergency.
o Perform qualifying National Guard duty during a war, operation, or national
emergency.
o Reside or are employed in an area that is declared a disaster area by any Federal,
State, or local official in connection with a national emergency.

3
https://www.washingtonpost.com/education/2022/09/27/lawsuit-student-loan-forgiveness/
4
https://research.collegeboard.org/media/pdf/trends-college-pricing-student-aid-2021.pdf
5
https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/24/fact-sheet-president-biden-announces-student-
loan-relief-for-borrowers-who-need-it-most/
6
https://www.hirono.senate.gov/imo/media/doc/Pell%20Grant%20Preservation%20and%20Expansion%20Act%20of
%202021%20Fact%20Sheet.pdf
7
https://www.cbpp.org/research/federal-budget/pell-grants-a-key-tool-for-expanding-college-access-and-economic
 o Suffered direct economic hardship as a direct result of a war, other military
operation, or national emergency.8
● Since its passage in 2003, the Secretary of Education has used its authority granted by the
HEROES Act under every prior administration in order to provide relief to borrowers in
connection with a war, other military operation, or national emergency.9

Legal opposition filed in the U.S. District Court for the South District of Indiana10
● On September 27, 2022, the first significant legal action seeking to invalidate the Biden
administration’s student debt relief policy before it takes effect. The lawsuit which was
filed in the U.S. District Court for the Southern District of Indiana asserts that the
executive branch lacks the authority to impose such a policy and, in doing so, is usurping
the law-making power of Congress.
● The lawsuit, which many believe to be the first of many more to come, is being backed
by the Pacific Legal Foundation, a conservative public interest law firm in California.
o The Pacific Legal Foundation is filing the lawsuit on behalf of Frank Garrison, an
attorney who works for the Foundation and lives in Indiana.
o According to the lawsuit, Mr. Garrison has been working toward having his
federal student loans canceled through the Public Service Loan Forgiveness
Program (PSLF), which erases the debt of public servants after 10 years of
payments and service. This program does not require individuals to pay federal or
state taxes.
o This lawsuit claims that President Biden’s plan could result in being required to
pay local tax bills even though they would not be subject to federal taxes.
● The day this lawsuit was announced, Tuesday, September 27, 2022, the White House
released a response stating, “Anyone who does not want to get debt relief can opt-out.”
Additionally clarifying that even those whose income information is already on file with
the Department of Education and may receive automatic relief will still be provided with
the opportunity to decline.

S. 4253, Student Loan Accountability Act11

● As a legislative counter to President Biden’s student debt relief program, Senate
Republicans introduced the Student Loan Accountability Act on 05/18/2022.
● The act generally prohibits the Departments of Education, the Department of Justice, or
the Department of Treasury from taking any action to cancel or forgive the outstanding
balances, or portion of balances, of covered loans.
o In terms of this bill, “covered loans” refers to Federal Family Education loans,
Federal Direct loans, Federal Perkins loans, and loans under the Health Education
Assistance Loan Program.

8
https://www.congress.gov/bill/108th-congress/house-bill/1412#:~:text=Higher%20Education%20Relief%20Opportunities
%20for%20Students%20Act%20of%202003%20%2D%20Authorizes,respect%20to%20an%20affected%20individual
9
https://www2.ed.gov/policy/gen/leg/foia/secretarys-legal-authority-for-debt-cancellation.pdf
10
https://www.washingtonpost.com/education/2022/09/27/lawsuit-student-loan-forgiveness/
11
https://www.congress.gov/bill/117th-congress/senate-bill/4253
 ● S. 4253 has been referred to the Senate Health, Education, Labor, and Pensions
Committee
● The bill is sponsored by Sen. Mitt Romney (R-UT) and co-sponsored by Sen. Richard
Burr (R-NC), Sen. Tim Scott (R-SC), Sen. Bill Cassidy (R-LA), and Sen. Thomas Tillis
(R-NC).
● On the House side, the same bill has been proposed as H.R. 8006, Student Loan
Accountability Act which was introduced on 06/09/2022. This bill includes the same
language as S.4253.12
o H.R. 8006 has been referred to the House Ways and Means, House Education and
Labor, and House Energy and Commerce committees.
o The bill is sponsored by Rep. Drew A. Ferguson, IV (R-GA-3) and co-sponsored
by Rep. Steve Womack (R-AR-3), Rep. Austin Scott (R-GA-8), Rep. Vern
Buchanan (R-FL-16), Rep. Byron Donalds (R-FL-19), Rep. Jackie Walorski (R-
IN-2), Rep. David Kustoff (R-TN-8), Rep. Tom Rice (R-SC-7), Rep. Steven M.
Palazzo (R-MS-4), Rep. Darin LaHood (R-IL-18), Rep. Victoria Spartz (R-IN-5),
Rep. Beth Van Duyne (R-TX-24), Rep. Brad R. Wenstrup (R-OH-2), Rep.
Gregory Murphy (R-NC-3), Rep. Carol D. Miller (R-WV-3), Rep. Adrian Smith
(R-NE-3), and Rep. Mike Gallagher (R-WI-8).

Senate Perspective
● In response to the White House’s rollout of their student debt relief plan, Senate Majority
Leader Schumer, alongside other senior Democratic Senators, have praised the
administration for making strides to help working families and the economy.
o The most fervently strong support within the Democratic Caucus has come from
two of the most progressive voices, Sen. Bernie Sanders (I-VT) and Sen.
Elizabeth Warren (D-MA). Both Senators have been longtime advocates for
providing student loan debt relief and debt cancellation for low- and middle-
income Americans.
o Other public support came from Senators who cite the immediate positive impact
that this program would have for their constituents. Sen. Raphael Warnock (D-
GA) stated “This announcement will help many Georgians, some of whom have
been struggling with debt for decades, get their financial footing, and it will keep
our economy strong and growing.” In the same light, Sen. Mark Kelly (D-AZ)
said that this debt relief plan is “Directed at those who need it most, including
relief for those who attended a community college.”13
● Not all Senate Democrats, however, have come out in full support of the administration’s
action to provide widespread student debt relief.
o Many Democratic Senators are in favor of some form of student loan debt
forgiveness, however, they are not in full support of President Biden’s proposed
policy. Sen. Cortez Masto (D-NV) herself has proposed legislation that would
expand Pell Grants for lower-income students, targeting loan forgiveness to those

12
https://www.congress.gov/bill/117th-congress/house-bill/8006?r=2&s=1
13
https://www.nytimes.com/2022/08/25/us/politics/student-loan-forgiveness-democrats-gop.html
 in need and making college more affordable for working families. She believes
that the focus should instead be on passing this legislation.
● Senate Republican commentary on President Biden’s student debt relief plan has been
largely critical and negative. Minority leader Mitch McConnell, along with a majority of
Senate Republicans have come out in blatant opposition to this policy, even questioning
the constitutional authority of the President to make such a move.
o Sen. Marco Rubio (R-FL) called the plan “An unfair burden to place on working
families […] it means the 85% of Americans with no undergraduate debt from
college will be carrying the burden for those that do.”
o Additionally, Sen. Tim Scott (R-SC) and Sen. Tom Cotton (R-AR), have referred
to the plan as a “Handout to the wealthy,” and a “Bailout from the government.”14

What’s next?
1. A formal student loan forgiveness application for this new initiative is required for those
meeting the aforementioned requirements. This application, which will be made available
on StudentAid.gov is projected to be launched in early October 2022, however, an exact
date has yet to be released.
o The Department of Education has said that they expect to have a four-to-six-week
turnaround on applications submitted.
2. Once it becomes available, borrowers will have a little over a year to apply for student
loan forgiveness under President Biden’s relief plan with the deadline being December
31, 2023. However, borrowers are encouraged to submit their applications by November
15, 2022 if at all possible in order to ensure that their loan forgiveness would be applied
in time for the end of the student loan payment pause on December 31, 2022. 15

14
https://www.nbcnews.com/politics/congress/democrats-cheer-bidens-student-loan-cancel-plan-republicans-call-unfai-
rcna44689
15
https://www.forbes.com/sites/adamminsky/2022/09/13/when-can-borrowers-expect-student-loan-forgiveness-
under-bidens-new-plan/?sh=5e2eb9e51004