I 
117TH CONGRESS 
2D SESSION 
H. R. 8522 
To amend the Higher Education Act of 1965 to include notification and 
automatic enrollment procedures for borrowers who are delinquent on 
loans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2022 
Ms. BONAMICI (for herself, Mr. FITZPATRICK, and Mr. LAMB) introduced the 
following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Higher Education Act of 1965 to include 
notification and automatic enrollment procedures for bor-
rowers who are delinquent on loans, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Streamlining Income- 
driven, Manageable Payments on Loans for Education 
Act’’ or the ‘‘SIMPLE Act’’. 
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SEC. 2. NOTIFICATION AND AUTOMATIC ENROLLMENT 
PROCEDURES FOR BORROWERS WHO ARE 
DELINQUENT ON LOANS AND FOR BOR-
ROWERS WHO ARE REHABILITATING DE-
FAULTED LOANS. 
(a) AMENDMENTS.— 
(1) NOTIFICATION
AND
AUTOMATIC
ENROLL-
MENT PROCEDURES.—Section 455(d) of the Higher 
Education Act of 1965 (20 U.S.C. 1087e(d)) is 
amended by adding at the end the following: 
‘‘(6) NOTIFICATION AND AUTOMATIC ENROLL-
MENT PROCEDURES FOR BORROWERS WHO ARE DE-
LINQUENT ON LOANS.— 
‘‘(A) AUTHORITY TO OBTAIN INCOME IN-
FORMATION.—The Secretary shall establish and 
implement, with respect to any borrower de-
scribed in subparagraph (B), procedures to— 
‘‘(i) use return information of the bor-
rower (and the borrower’s spouse, if appli-
cable) disclosed under section 6103(l)(13) 
of the Internal Revenue Code of 1986, pur-
suant to approval provided under section 
494, to determine the income and family 
size of the borrower (and the borrower’s 
spouse, if applicable) without further ac-
tion by the borrower; 
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‘‘(ii) allow the borrower (or the spouse 
of the borrower), at any time, to opt out 
of 
disclosure 
under 
such 
section 
6103(l)(13) and instead provide such infor-
mation as the Secretary may require to de-
termine the income and family size of the 
borrower (and the borrower’s spouse, if ap-
plicable); and 
‘‘(iii) provide the borrower with an op-
portunity to update the return information 
so disclosed before the determination of the 
income and family size of the borrower for 
purposes of this paragraph. 
‘‘(B) BORROWER NOTIFICATION.—With re-
spect to each borrower of a covered loan who is 
at least 31 days delinquent on such loan and 
who has not been subject to the procedures 
under this paragraph for such loan in the pre-
ceding 120 days, the Secretary shall, as soon as 
practicable after such 31-day delinquency, pro-
vide to the borrower the following: 
‘‘(i) Notification that the borrower is 
at least 31 days delinquent on at least 1 
covered loan, and a description of all delin-
quent covered loans, nondelinquent covered 
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loans, and noncovered loans of the bor-
rower. 
‘‘(ii) A brief description of the repay-
ment plans for which the borrower is eligi-
ble and the covered loans and noncovered 
loans of the borrower that may be eligible 
for such plans, based on information avail-
able to the Secretary. 
‘‘(iii) Clear and simple instructions on 
how to select the repayment plans. 
‘‘(iv) In the case of a borrower of a 
loan under section 428B, or a Federal Di-
rect PLUS Loan, that is made, insured, or 
guaranteed on behalf of a dependent stu-
dent, an explanation that the borrower 
may qualify for an income-driven repay-
ment plan if the borrower consolidates 
such loan into a Federal Direct Consolida-
tion Loan, and the amount of the monthly 
payment of such consolidation loan if the 
borrower does so consolidate. 
‘‘(v) The amount of monthly pay-
ments for the covered and noncovered 
loans under the repayment plans for which 
the borrower is eligible, based on informa-
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tion available to the Secretary, including, if 
the income information of the borrower is 
available to the Secretary under subpara-
graph (A)— 
‘‘(I) the amount of the monthly 
payment under each income-driven re-
payment plan for which the borrower 
is eligible for the borrower’s covered 
and noncovered loans, based on such 
income information; and 
‘‘(II) the income, family size, tax 
filing status, and tax year information 
on which each monthly payment is 
based. 
‘‘(vi) An explanation that in the case 
of a borrower for whom adjusted gross in-
come is unavailable— 
‘‘(I) if the borrower selects to 
repay the covered loans of such bor-
rower pursuant to an income-driven 
repayment plan that defines discre-
tionary income in such a manner that 
an individual not required under sec-
tion 6012(a)(1) of the Internal Rev-
enue Code of 1986 to file a return 
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on such a loan, the Secretary shall, as soon as 
practicable— 
‘‘(i) in a case in which any of the bor-
rower’s covered loans are eligible for an in-
come-driven repayment plan— 
‘‘(I)(aa) provide the borrower 
with the income-driven repayment 
plan that requires the lowest monthly 
payment amount for each covered loan 
of the borrower, compared to any 
other such plan for which the bor-
rower is eligible; or 
‘‘(bb) if more than one income- 
driven repayment plan would offer the 
borrower the same lowest monthly 
payment amount, provide the bor-
rower with the income-driven repay-
ment plan that has the most favorable 
terms for the borrower; 
‘‘(II) if the plan selected under 
subclause (I) is not the income-driven 
repayment plan that would have the 
lowest monthly payment amount if the 
borrower were eligible for such plan 
for the borrower’s covered loans and 
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noncovered loans, notify the borrower 
of the actions, if any, the borrower 
may take to become eligible for such 
income-driven repayment plan; and 
‘‘(III) authorize the borrower to 
change the Secretary’s selection of a 
plan under this clause to any plan de-
scribed in paragraph (1) for which the 
borrower is eligible; and 
‘‘(ii) in a case in which none of the 
borrower’s covered loans are eligible for an 
income-driven repayment plan, notify the 
borrower of the actions, if any, the bor-
rower may take for such loans to become 
eligible for such a plan. 
‘‘(D) SECRETARY’S
ADDITIONAL
SELEC-
TION OF PLAN.— 
‘‘(i) IN
GENERAL.—With respect to 
each borrower of a covered loan who se-
lects a new repayment plan in accordance 
with the notice received under subpara-
graph (B) and who continues to be delin-
quent on such loan for a period described 
in clause (ii), the Secretary shall, as soon 
as practicable after such period, carry out 
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the procedures described in clauses (i) and 
(ii) of subparagraph (C) for the covered 
loans of the borrower, if such procedures 
would result in lower monthly repayment 
amounts on such loan. 
‘‘(ii) DESCRIPTION OF PERIOD.—The 
duration of the period described in clause 
(i) shall be the amount of time that the 
Secretary determines is sufficient to indi-
cate that the borrower may benefit from 
repaying such loan under a new repayment 
plan, but in no case shall such period be 
less than 60 days. 
‘‘(7) NOTIFICATION AND AUTOMATIC ENROLL-
MENT PROCEDURES FOR BORROWERS WHO ARE RE-
HABILITATING DEFAULTED LOANS.— 
‘‘(A) AUTHORITY TO OBTAIN INCOME IN-
FORMATION.—The Secretary shall establish and 
implement, with respect to any borrower who is 
rehabilitating a covered loan pursuant to sec-
tion 428F(a), procedures to— 
‘‘(i) use return information of the bor-
rower (and the borrower’s spouse, if appli-
cable) disclosed section 6103(l)(13) of the 
Internal Revenue Code of 1986, pursuant 
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to approval provided under section 494, to 
obtain such information as is reasonably 
necessary regarding the income and family 
size of the borrower (and the borrower’s 
spouse, if applicable); 
‘‘(ii) allow the borrower (or the spouse 
of the borrower), at any time, to opt out 
of 
disclosure 
under 
such 
section 
6103(l)(13) and instead provide such infor-
mation as the Secretary may require to ob-
tain such information; and 
‘‘(iii) provide the borrower with an op-
portunity to update the return information 
so disclosed before the determination of in-
come and family size of the borrower (and 
the borrower’s spouse, if applicable) for 
purposes of this paragraph. 
‘‘(B) 
BORROWER
NOTIFICATION.—Not 
later than 30 days after a borrower makes the 
6th payment required for the loan rehabilitation 
described in subparagraph (A), the Secretary 
shall notify the borrower of the process under 
subparagraph (C) with respect to such loan. 
‘‘(C) SECRETARY’S SELECTION OF PLAN.— 
With respect to each borrower who has made 
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the 9th payment required for the loan rehabili-
tation described in subparagraph (A), the Sec-
retary shall, as soon as practicable after such 
payment— 
‘‘(i) in a case in which any of the bor-
rower’s covered loans, without regard to 
whether the loan has been so rehabilitated, 
is eligible for an income-driven repayment 
plan— 
‘‘(I)(aa) provide the borrower 
with the income-driven repayment 
plan that requires the lowest monthly 
payment amount for each covered loan 
of the borrower, compared to any 
other such plan for which the bor-
rower is eligible; or 
‘‘(bb) if more than one income- 
driven repayment plan would offer the 
borrower the same lowest monthly 
payment amount, provide the bor-
rower with the income-driven repay-
ment plan that has the most favorable 
terms for the borrower; and 
‘‘(II) if the plan selected under 
subclause (I) is not the income-driven 
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repayment plan that would have the 
lowest monthly payment amount if the 
borrower were eligible for such plan 
for the borrower’s covered loans and 
noncovered loans, notify the borrower 
of the actions, if any, the borrower 
may take to become eligible for such 
income-driven repayment plan; and 
‘‘(ii) in a case in which none of the 
borrower’s covered loans are eligible for an 
income-driven repayment plan, notify the 
borrower of the actions, if any, the bor-
rower may take for such a loan to become 
eligible for such a plan.’’. 
(2) DEFINITIONS.—Section 455(d) of the High-
er Education Act of 1965 (20 U.S.C. 1087e(d)), as 
amended by paragraph (1), is further amended by 
adding at the end the following: 
‘‘(8) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED LOAN.—The term ‘covered 
loan’ means— 
‘‘(i) a loan made under this part; 
‘‘(ii) a loan purchased under section 
459A; or 
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‘‘(iii) in the case of a borrower who 
has selected to repay a covered loan (as de-
fined in subsection (d)(8)) pursuant to an 
income contingent repayment plan that de-
fines discretionary income in such a man-
ner that the borrower would have a cal-
culated monthly payment equal to $0, not 
require the borrower to provide the Sec-
retary the information described in clause 
(i) or (ii), and ensure that the borrower 
will have a calculated monthly payment of 
$0; and’’. 
(B) INCLUSION OF COVERED LOANS.—Sec-
tion 455(e)(8)(B) of the Higher Education Act 
of 1965 (20 U.S.C. 1087e(e)(8)(B)) is amended 
by striking ‘‘a loan made under this part’’ and 
inserting ‘‘a covered loan (as defined in sub-
section (d)(8))’’. 
(4) CHANGING PLANS.—Section 493C(b)(8) of 
the Higher Education Act of 1965 (20 U.S.C. 
1098e(b)(8)) is amended to read as follows: 
‘‘(8) a borrower who is repaying a loan made, 
insured, or guaranteed under part B or D pursuant 
to income-based repayment may elect, at any time, 
to terminate repayment pursuant to income-based 
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repayment and repay such loan under any repay-
ment plan for which the loan is eligible in accord-
ance with the requirements of part B or part D, re-
spectively; and’’. 
(5) PROCEDURE AND REQUIREMENT FOR RE-
QUESTING TAX RETURN INFORMATION FROM THE 
IRS.—Section 494(a) of the Higher Education Act of 
1965 (20 U.S.C. 1098h(a)) is amended— 
(A) in paragraph (2)— 
(i) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘a loan 
under part D’’ and inserting ‘‘a covered 
loan (as defined in section 455(d)(8))’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘a loan under part D’’ and inserting ‘‘a 
covered 
loan 
(as 
defined 
in 
section 
455(d)(8))’’; and 
(B) by adding at the end the following: 
‘‘(4) LOAN
DELINQUENCY
AND
REHABILITA-
TION.— 
‘‘(A) 
BORROWERS
DELINQUENT
ON 
LOANS.—In the case of an individual who is a 
borrower of a covered loan and who is at least 
31 days delinquent on such loan, the Secretary, 
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with respect to such individual and any spouse 
of such individual, shall— 
‘‘(i) provide to such individuals the 
notification 
described 
in 
paragraph 
(1)(A)(i); and 
‘‘(ii) require, as a condition of eligi-
bility for the notification and automatic en-
rollment procedures for borrowers who are 
delinquent 
on 
loans 
under 
section 
455(d)(6), that such individuals— 
‘‘(I) affirmatively approve the 
disclosure described in paragraph 
(1)(A)(i) and agree that such approval 
shall serve as an ongoing approval of 
such disclosure until the date on 
which the individual elects to opt out 
of such disclosure under section 
455(d)(6)(A)(ii); or 
‘‘(II) provide such information as 
the Secretary may require to carry 
out the procedures under section 
455(d)(6) with respect to such indi-
vidual. 
‘‘(B) LOAN REHABILITATION.—In the case 
of any written or electronic application by an 
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individual for the rehabilitation of a covered 
loan pursuant to section 428F(a), the Sec-
retary, with respect to such individual and any 
spouse of such individual, shall— 
‘‘(i) provide to such individuals the 
notification 
described 
in 
paragraph 
(1)(A)(i); and 
‘‘(ii) require, as a condition of eligi-
bility for loan rehabilitation pursuant to 
section 428F(a), that such individuals— 
‘‘(I) affirmatively approve the 
disclosure described in paragraph 
(1)(A)(i) and agree that such approval 
shall serve as an ongoing approval of 
such disclosure until the date on 
which the individual elects to opt out 
of such disclosure under section 
455(d)(7)(A)(ii); or 
‘‘(II) provide such information as 
the Secretary may require to carry 
out the procedures under section 
455(d)(7) with respect to such indi-
vidual. 
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‘‘(C) COVERED
LOAN
DEFINED.—In this 
paragraph, the term ‘covered loan’ has the 
meaning given the term in section 455(d)(8).’’. 
(b) SECURE DISCLOSURE OF TAX-RETURN INFOR-
MATION.— 
(1) IN GENERAL.—Section 6103(l)(13) of the 
Internal Revenue Code of 1986 is amended by redes-
ignating subparagraphs (D), (E), and (F) as para-
graphs (E), (F), and (G), respectively, and by in-
serting after subparagraph (C) the following new 
subparagraph: 
‘‘(D) NOTIFICATION AND AUTOMATIC EN-
ROLLMENT
FOR
CERTAIN
BORROWERS.—The 
Secretary shall, upon written request from the 
Secretary of Education, disclose to any author-
ized person, only for the purpose of (and to the 
extent necessary in) carrying out paragraphs 
(6) and (7) of section 455(d) of the Higher 
Education Act of 1965, return information de-
scribed in clauses (i) through (vi) of subpara-
graph (A) from returns of an individual cer-
tified by the Secretary of Education as having 
provided approval under section 494(a)(4) of 
such Act (as in effect on the date of enactment 
of this paragraph) for such disclosure.’’. 
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(2) CONFORMING AMENDMENTS.— 
(A) Section 6103(l)(13)(A) of the Internal 
Revenue Code of 1986 is amended by striking 
‘‘loans under part D of such title’’ and inserting 
‘‘covered loans (as defined in section 455(d)(8) 
of such Act)’’. 
(B) Section 6103(l)(13)(E)(i) of the Inter-
nal Revenue Code of 1986 (as redesignated by 
paragraph (1)) is amended by striking ‘‘and 
(C)’’ and inserting ‘‘(C), and (D)’’. 
(C) Subparagraphs (F) and (G) of section 
6103(l)(13) of the Internal Revenue Code of 
1986 (as redesignated by paragraph (1)) are 
each amended by striking ‘‘or (C)’’ and insert-
ing ‘‘(C), or (D)’’. 
(c) EFFECTIVE DATE; APPLICATION.— 
(1) AUTOMATIC
ENROLLMENT.—The amend-
ments made by paragraphs (1), (2), (3), and (5) of 
subsection (a) shall— 
(A) apply to all borrowers of covered loans 
(as defined in section 455(d)(8) of the Higher 
Education Act of 1965, as added by subsection 
(a)); and 
(B) take effect on July 1, 2024, and shall 
apply with respect to award year 2024–2025 
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and each subsequent award year, as determined 
under the Higher Education Act of 1965. 
(2) CHANGING PLANS.—The amendment made 
by subsection (a)(4) shall take effect on the date of 
enactment of this Act. 
(3) DISCLOSURE.—The amendments made by 
subsection (b) shall apply to disclosures after the 
date of enactment of this Act. 
Æ 
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