Q: continue emergency powers Student Loan after emergency over? A: we believe people really need it


On 2/1/2023, Fox News White House correspondent Jacqui Heinrich asked White House Press Secretary Karine Jean-Pierre, “On student loans, does the White House believe that the President or the administration can continue to use emergency powers after the emergency is over?”

MS. JEAN-PIERRE: So, providing debt — debt relief or pau- — pausing loan payments, as it relates to the student loans, does not require an ongoing na- — national emergency. And I just laid — laid out for Karen how we see this process and talking about the HEROES Act, which was — which was a authority that was given to the Secretary of Education through Congress. And that’s how we’re moving forward there.

And, look, the emergency ending doesn’t change the legal justification. And here’s a couple of things here. There was a national — there was a national emergency …

Heinrich: With the HEROES Act, it’s the — the portion of the HEROES Act that the Secretary is using is the part that needs a national emergency to be able to cancel that debt. So, I understand what you’re saying. And it was sort of explained in the background call a few weeks ago on this, where an official said that the increased authority under national emergency is necessary for the program to be created but doesn’t have to be in effect through the duration of the program.

And the reason I’m asking is: That interpretation could potentially allow for, you know, policy effectuation beyond the emergency. So, at what point is someone not worse off after a pandemic? How are we determining —

MS. JEAN-PIERRE: I mean, just getting back to, I guess, the — I guess, the crust of your question is that we don’t need an emergency power to use the HEROES Act. It is a — it is an authority that was given to the Secretary of Education, and he’s using that authority for a time, for a moment that we believe the American people really need it

Heinrich: Doesn’t the HEROES Act, though, require that — the national emergency for the Secretary to use it? I know we’re splitting hairs here, but what I’m getting at is: Yes, there was national emergency. Yes, the administration used the HEROES Act, because of the national emergency, to cancel student debt. And I understand that the position that the administration staked out in the DOJ brief is that it doesn’t have to be in effect to do the program.

But my — my question I’m getting at is: When do you stop being harmed by the pandemic? How are we measuring it? And —

MS. JEAN-PIERRE: That’s a good question. Look, it’s not any — and it’s not any — any emergency power. It is, again, something that the Secretary of Education gets to — the HEROES Act is something that is in his purview that he’s able to use, an authority that he’s able to use. And that’s a decision that the Secretary of Education is going to make.

Reporter: And, last year, on January 19th, the President had a solo press conference. Does the White House anticipate that there will be a press conference where reporters might be able to ask him about those plans that you just mentioned anytime in the near future?

MS. JEAN-PIERRE: Don’t have a press conference to — to read out to you at this time.

Reporter: emergency, the administration has been using that as the justification for the plan to cancel student loan debt. Does ending the COVID emergency undermine the student loan plan?

MS. JEAN-PIERRE: So, we see that very, very differently. As — as we’ve talked about before — I think I’ve been asked this question before: So, we’re not using any emergency power. We’re using the HEROES Act, as I’ve mentioned before, which gives the Secretary of Education the explicit authority to provide debt relief in this exact situation.

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Q: continue emergency powers Student Loan after emergency is over? A: we believe people really need it

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