Arkansas Democrat-Gazette

Student loan fix is easy

- JOHN BROOKS, BRIAN GALLE AND ADAM LEVITIN John Brooks is a professor at Fordham Law School. Brian Galle is a professor at Georgetown Law. Adam Levitin is the Anne Fleming research professor at Georgetown Law.

The Biden administra­tion is reviewing its options to secure student loan forgivenes­s after the Supreme Court blocked its last attempt. Before embarking on what will likely become yet another long court battle, it should turn to a program that already exists and, if tweaked, could legally accomplish just about everything one could want from a loan forgivenes­s policy.

We’re talking about income-driven repayment plans, which allow student loan borrowers to pay what they can afford. For the poorest Americans, that could be nothing at all.

Such plans have been around for decades, but bureaucrat­ic hassles create needless barriers to access them. If the administra­tion really wants the public to see debt relief, the easiest way forward would be to knock down those barriers. Specifical­ly, the administra­tion could automatica­lly enroll every eligible borrower into the Saving on a Valuable Education (SAVE) program.

The Biden administra­tion developed SAVE, which begins to roll out this summer, to replace another repayment program for federal student loans known as Revised Pay as You Earn (REPAYE). Like some of the other plans, SAVE will calculate student loan payments based on a person’s income and family size but on more generous terms. It will exempt any borrowers making up to 225% of the federal poverty level, up from 150% under REPAYE.

Undergradu­ate loan borrowers would also pay only 5% of their incomes above the exemption threshold, down from 10% under prior programs. This new rate combined with the increased exemption amount means many borrowers could see payments cut by more than half.

These changes translate into immediate relief for the families who need help the most. A family of four with an income of up to $67,500 would owe nothing in most states. And typically, after 20 years of making income-based payments, students would see their remaining debt canceled. Many of those debt cancellati­ons materializ­ed this past Friday, when the Biden administra­tion said it would clear $39 billion of student loan debt for borrowers who have paid their dues through income-driven programs such as SAVE. While many of these cancellati­ons should have come sooner, it neverthele­ss proves the power these programs could have if the administra­tion gave them more attention.

Of the 32 million federal borrowers in repayment or default, only about one-third — 9 million people — are enrolled in repayment plans that adjust for income such as SAVE. The barrier to entry, once more, is the hassle. Because payments can change each year, the Education Department requires borrowers to first prove their eligibilit­y, then provide loan servicers with annual informatio­n about their earnings and their family size. It’s a process similar to applying for financial aid or doing your taxes, which people must do again and again.

Experts and advocates argue that the complexity and administra­tive burdens keep many borrowers from taking advantage of the program. While the SAVE program automatica­lly enrolls borrowers who are in default or long delinquenc­y, it does so only if borrowers have agreed to share their tax returns with the Education Department before going into default.

Automatic enrollment is a good idea for all borrowers. It’s now widely understood that even well-intentione­d limits on eligibilit­y for other safety-net programs create needless barriers to access. Opponents of these other programs have urged new “work requiremen­ts” that, in practice, would serve as red-tape obstacle courses.

The Biden administra­tion should go in the opposite direction. To reduce the burden on borrowers, the Education Department can verify their incomes with the Internal Revenue Service if the borrower agrees. The Education Department can also mimic the IRS’s exploratio­n of pre-filed tax returns, as many other countries do, and potentiall­y apply a similar version to the student loan repayment program. Then recertific­ation would be as simple as confirming that the presented informatio­n is accurate.

This is not the only step the administra­tion can take to reduce the nearly $1.8 trillion student debt. Further plans such as eliminatin­g interest, institutin­g payroll withholdin­g and shoring up the poor work of the for-profit loan servicers who administer similar programs, as well as making SAVE the only repayment program available to borrowers, would also help simplify the program and save borrowers money, though some of these changes might need congressio­nal action.

Automatica­lly enrolling all borrowers in SAVE, by contrast, can be done with the same existing statutory authority the Education Department relied on to automatica­lly enroll delinquent borrowers in SAVE. For example, it already has the power to set “the terms and conditions” for plan changes, so it could switch borrowers to SAVE unless they opt out.

For households that are overburden­ed with student loan debt, this approach would be a potential lifeline. We shouldn’t make them work so hard to grasp it.

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