News, Views and Careers for All of Higher Education
June 28, 2007
One way or another, just about every word out of the mouth of a lender (or of a critic of the student loan programs) these days is aimed, at least indirectly, at the occupants of the Capitol. With Congress contemplating potentially transformative changes in the financing and the structure of the guaranteed student loan programs, advocates for student loan providers, for colleges, and for student borrowers are doing everything they can to have their points of view heard.
On Wednesday, Rep. Thomas E. Petri made it easy for them, as his Higher Education Finance Working Group gave two student-loan officials and one persistent critic of the lending industry a chance to make their cases in front of several dozen Congressional aides. The spirited and at times contentious discussion covered a wide range of topics — how deeply Congress should (or should not) cut into lender profits, the special role of state and nonprofit lenders, whether college financial aid offices deceive when they include private loans in their offer letters to students — but much of the talk revolved around the wisdom, or foolishness, of proposals to inject market-based mechanisms into the student loan programs, which are a hot topic on Capitol Hill.
Petri, the sponsor of the discussion, favors such an approach, and he has pushed to include in House of Representatives budget reconciliation legislation language that would direct the secretaries of education and treasury to study the most effective ways in which student loan providers might be required to compete at auction for the right to provide student loans, and then to carry out a pilot program of the chosen approach or approaches using up to 20 percent of student loan volume.
One of Wednesday’s panelists, Barmak Nassirian, associate executive director of the American Association of Collegiate Registrars and Admissions Officers, agreed with Petri that it makes sense to let market forces influence the rates and terms of the student loan market, as opposed to the current approach, where Congress sets the conditions.
Letting members of Congress dictate the terms of the student loan market is “anti-capitalist” and “anti-competitive,” Nassirian said. And it means that lobbying matters more than price or service, he said, which he called a “prescription for corruption, or at least cooptation.” He added: “Nobody knows what the real price is. The way to learn is to let the markets decide.”
The two student loan officials at Wednesday’s briefing disagreed with Petri and Nassirian on the wisdom of the auction approach, though they took particular exception to the version of it put forward in legislation passed this month by the Senate Committee on Health, Education, Labor and Pensions, which would immediately institute a pilot program in the federal government’s loan program for parents that would choose the participating lenders, on a state-by-state basis, exclusively on the basis of how little they would charge the federal government for the right to do so.
John Dean, special counsel to the Consumer Bankers Association, called the Senate approach a “terrible way to go” that would “operate to the benefit of government and to the extreme detriment of borrowers.” To offer the lowest bid, Dean said, lenders would inevitably “cut back the borrower benefits” to see “how little can we get away with. I don’t think that that’s student friendly.”
Dean also noted that the last time Congress renewed the Higher Education Act, in 1998, it also mandated a study of letting market-based forces set student loan rates. The results were not positive, with college financial aid officials especially skeptical, disliking the prospect that the companies lending to their students could change every year or few.
Scott A. Giles, vice president of policy, research, and planning at the Vermont Student Assistance Corporation, a public nonprofit lending and student aid agency in that state, said he “did not disagree [with Nassirian and Petri] that we need to find a better way to set special allowance payments,” which are the subsidies the government pays lenders for each loan they originate. But he agreed with Dean that having an auction based purely on who can reduce those payments the most — which ignoring other major costs of the loan programs, such as the in-school subsidies for students and the payments for defaults — would “not do anything for the consumer.”
Giles also expressed concern that auction proposals would strengthen the hand of big lenders and hurt small and nonprofit lenders like his, “accelerating rather than decelerating” the consolidation that has already occurred in the number of players in the student loan industry. He noted that his agency is the 33rd biggest provider of student loans in the country, but that it originates barely 1 percent of all loans, with 10-15 lenders managing a significant majority.
Giles, a former Congressional staff member, also noted that the federal government’s one other experiment with market-based mechanisms in the student loan realm, the failed Health Education Assistance Loan Program, was a major flop.
“It sucked,” Nassirian concurred. But that fact, and the fact that the Senate proposal may be flawed, he said, “should not be short-hand to say that all market-based mechanisms are suspect.”
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GAO has touted the success of the HEAL program in benefiting from competitive bidding to improve borrower terms and conditions and reduce taxpayer costs:
“Evidence from other federal auction programs suggests that origination rights auctions could produce a net saving to the federal government. In the Health Education Assistance Loan (HEAL) program, under which lenders bid for the right to originate student loans to students of the health professions, the markup in excess of the 91-day Treasury bill rate that the federal government paid the largest lender during the repayment period was CUT IN HALF between 1993 and 1998. [Emphasis added.] The Federal Communications Commission’s (FCC) auctions of wireless spectra have yielded revenues exceeding their costs.
“The number of HEAL bidders declined during the last 4 years of the program. (These are the only years for which we were able to obtain comparable data.) However, this decline may have stemmed from lenders withdrawing from the auctions after the Congress decided to end the program. Moreover, the number of lenders receiving loan origination rights did not fall continuously. There were four or five large HEAL lenders in the last few years of the program until the very last year. Furthermore, lenders entered and re-entered rather than dropping out permanently after losing at auction.”http://www.gao.gov/new.items/d0284sp.pdf
Vermont Student Assistance Corp. was actually one of the HEAL winning bidders:
“A new lender contract cycle will begin July 1, 1997 and extend for 12 months through June 30, 1998. Four lenders will participate in the HEAL program during this period — Pennsylvania Higher Education Assistance Agency, Mellon Bank, Star Bank (as trustee for Brazos), and Vermont Student Assistance Corporation. Rhode Island Higher Education Assistance Authority dropped out since we released our March 13, 1997 policy memorandum first announcing participating lenders.” http://bhpr.hrsa.gov/dsa/heal_policy/FY97/fy97L05.htm
The main problem with HEAL from the schools’ viewpoint was that, unlike FFELP, HEAL was not a mandatory program and was heavily dependent on Congress and the President successfully enacting appropriations well before the beginning of the federal fiscal year — something that has been quite rare over the past 35 years. This created a cash flow timing challenge for schools, for example beginning the academic year Sept. 1, when appropriations are enacted Oct. 10. Pell, although not a mandatory program, gets around this timing problem through forward funding.
CraigieH, at 7:40 am EDT on June 28, 2007
Come on. Much of the public cannot even afford a home because “the market” has “decided.” Why would we let that happen to education, too?
We are in this loan mess exactly because the market...the lenders’ market....has been allowed to “decide.” And look where we are—in “Generation Debt.”
kgotthardt, at 8:15 am EDT on June 28, 2007
While I can appreciate the Congress’s intentions, the auction model is simply just a bad policy. It will force the thousand or so small lenders in small towns across the country, some who provide loans to local kids as a service and others who might use it for the purpose of generating a marginal slice of income, out because it will be a hassle and they won’t be able to compete on price. The FFEL industry’s profitability will come from gobbling up as much of the market as possible (to extract scale economies) and as most respectable pundits suggest, it will throttle servicing. In several years we’ll have the Direct Loan programs and a FFEL industry that is little more than a duopoly managed by Sallie Mae (the people who most current federal loan legislation is designed to specifically antagonize) and maybe Citibank. Where’s the competition in that? Won’t this create exactly what the majority DOESN’T want? No, it isn’t.
The worst part of it all, is that it scuttles competition between lenders for students and replaces it with competition between lenders for the government’s graces. My understanding of the Senate proposal is that lenders would bid for the right to all loans at a particular school (or block of schools). Suppose John Doe enrolls at Podunk State University. Today he can choose whatever lender he’d like for his student loans. He has the freedom to shop around (please no comments here on preferred lender lists...it’s a hypothetical) and in some ways it is the “Lending Tree” model since lenders compete for students. Under the proposed auction scheme, if Wells Fargo won the right to the loans at Podunk then Mr. Doe will have no choice but to take THEIR loans. Sure it provides savings to the government since they pay out at a lower rate but the price is students and their families losing their freedom to choose. That, dear legislators, is market competition. Ironically, there are some people out there who stump for the “lending tree” option but puzzlingly also lobby for the loan auction model. I’m sorry but you can’t have it both ways.
There are probably another half-dozen solid arguments for why this is such a bad policy (including managing the logistics of annual or even bi-annual auctions for nearly 4,000+ schools) but space is short. And B.J. the fact of the matter is, the auction won’t change the rates students are charged, just what the government has to pay lenders to participate. Yes, the theory is that these savings will be churned into other financial savings to some students but history has shown that that doesn’t always turn out to be the case.
D.C. Observer, at 8:50 am EDT on June 28, 2007
Auctions will likely expand the pool of potential participants in what is a highly-concentrated business.
The last time that auctions were considered, the argument against it was that you would get all these dot-com billionaires bidding for FFELP volume. The old boys club (those with 1974 Cobol servicing systems) could be disrupted by an influx of new blood into the student lending business. Colleges were worried that the “New Blood” would not be as sensitive to their processing requests. In the end, some of the potential new participants were scared off by misleading arguments that it is difficult to get guaranty agencies to pay default claims without a longstanding business relationship.
This time, we are now hearing an opposite argument, that a bidding process, whether via auctions or something else, would actually serve as a barrier to entry for new market entrants. The argument seems to be coming from the flippers, who don’t hold or service loans. They will adjust.
Anh Do, at 8:50 am EDT on June 28, 2007
The idea of an auction to fund a social program is ridiculous. What next: medicaid? foodstamps? HEAL— oh wait, been there, done that and that was a delight to administer...considering NO ONE in HHS knew where the loans were held for any of their borrowers... Banks that won the right to lend sold off the loans immediately after funding— no surprises there.I personally take exception to the idea that FA folks would be against it if their lenders change every few year— it’s not about me, it’s about student borrowers and utilizing taxpayer funds efficiently. Making more of a mess out of a system that I thought couldn’t get any messier or convoluted is absolute insanity. One lender/one payment.
Ann Doherty, at 8:55 am EDT on June 28, 2007
It’s pretty pitiful if the very best advocate Rep. Petri can come up with to make the case for auctions is a talking head for a college group.
Why not one of the experts brought together by the GAO several years ago when it exhaustively studied various auction proposals?
Is it too much to ask the auction advocates to produce someone who really knows what they’re talking about? After all, the interests of millions of parent borrowers are at stake.
Alex Hamilton, at 10:00 am EDT on June 28, 2007
I’m on the fence with this issue.
However: isn’t it obvious that the biggest barrier to competition in this industry is the fact that students can’t currently refinance their loans after consolidation?
Most people reading this don’t realize how badly the lenders act when their borrower is captive.
How sad is it that it actually took a liberal (Hillary Clinton) to propose refinancing rights for borrowers? Why haven’t republicans been pushing for this for the past decade?
I’ll tell you why: Sallie Mae, the CBA, Citibank and others have paid Congress off to protect their market from competition.
In the most recent Senate Bill, this right was, again, left out.
Are there any republican/free-market legislators out there listening?
Alan Collinge, Founder at Studentloanjustice.org, at 10:15 am EDT on June 28, 2007
Education lending spiraled out of control over the past decade or so. Today, it is not unusual for students whose annual salaries will be about $40,000 to graduate with debts over $80,000 and with monthly payments of about $700 for the next 30 years!Pretty tough stuff for a 22 year old kid fresh out of art school.
There are many reasons for this situation. Obscene profits by the lenders is one reason. Another reason is the Cost of Attendance used by schools in determining loan eligibility. The U.S. Department of Education should mandate that all schools publish their Costs of Attendance clearly and unambiguously on their school websites.Some schools certify loans using extremely high costs of attendance in order to secure loans for students who may have exhausted all other alternatives. These school certifications are usually done in an effort to help out a student who is pleading for financial aid of any sort, but the effects can and often are devasting to the future financial well-being of the student.
It is easy to tell the student, “Let the buyer beware", but the facts are that many of these students are young and financially naive. They often have little real understanding of the financial impact their college borrowings will have, even with the massive amount of disclosure that the current HEA law requires.
For these reasons, schools have an imperative to safeguard their students from unecessary borrowing. One huge change in HEA allowed for the removal of the “Amount Box” on the Master Promissory Note (MPN). This was supposedly done to accommodate the whole notion of the portability of the MPN. The truth is that some changes made to make the process more “student friendly” have, in fact, served to greatly increase the levels of student debt, often unecessarily. When the Loan Amount box was removed from the MPN, it had the effect of most borrowers simply taking the maximum loans that they could, regardless of whether they needed or not. Again, we are talking about very young people who often have little sense of the value of money. The financial aid community needs to take another look at the past several years of deregulation, and at the negative effects it has had on the college student population.
feudi pandola, at 10:35 am EDT on June 28, 2007
It’s hard to get past all the grandstanding and hyperbole. But exaclty how much is a student going to save? Not the feds, ‘cause any promises to send federal savings on cutbacks to new or existing grant programs is just pillow talk at this point. There will still need to be budgets set and appropriations made so spare me the promises on bigger pell grants etc. I’m not even going to mention that the kids borrowing the money probably aren’t getting Pell grants anyway, oops just did.
My cynical view point is that some type of legislation will be passed, new regulations written up, new hearings on negotiated rule making will be held and we’ll end up with a system that is just as prone to abuse by unethical individuals. Just as the current sysem is. All the while college tuition rates will continute to outstrip inflation and college text book prices will also grow at about the same rate.
A part of my would like to beleive that something good will come from all of this...but then I remember the legislation on SMART and ACG grants. Thanks...those two students of ours really like thier $325. What a life saver that was.
Finaid cynic, at 11:40 am EDT on June 28, 2007
Once again, lenders are kept awake at night fretting about what’s going to happen to students’ benefits. Oh dear. This, of course, being the same group that lobbied Congress to disallow the discharge of student loans in bankruptcy cases, have fought hard for every increase in interest rates, etc. Has any lender ever lobbied Congress to increase the maximum Pell Grant?
I just wish lenders would stop hiding behind this transparent facade of “making students’ dreams come true” and just fess up that they’re angry about anything that eats into their obscene profits. What happened when a big lender got their little quarter billion+ windfall? Did they give the money back to their borrowers? No, they went out and purchased every company they could find to build up their empire some more.
I’m no expert in macroeconomics, but I do believe that as the holders of the taxpayers’ collective checkbook, Congress is obligated to examine every avenue to hold down the costs of all Federal programs within reason. And as a handful of people have been feeding at a very full till in the FFELP program for a long time, it’s time to see if there’s some excess there (and we all know there is). If the auction is a feasible method, Congress owes it to taxpayers to try it.
DS, at 1:55 pm EDT on June 28, 2007
I’ve said it before and I’ll say it again—the best way to “fix” the system is to eliminate all private lending interests and move 100% of Stafford loans to the Direct Lending program. The government would set interest rates at a level minimally required to cover administrative costs, while repayment would be contingent on income.
Chris Rasmussen, at 3:10 pm EDT on June 28, 2007
” .. look where we are—in “Generation Debt.”
Of course — tuition rising faster than the rate of inflation had nothing to do with that. Right .. and public colleges are non-profits whose CEOs do not get mid-six-figure salaries.
” .. fix” the system is to eliminate all private lending interests and move 100% of Stafford loans to the Direct Lending ..
All private? Including private, non-profit? That have much lower origination costs? Does that make sense? NO!
Want to see how well government monopolies run things? Try the Post Office or Medicaid. And three words — KA-TRIN-A.
B.J., at 5:45 pm EDT on June 28, 2007
As market-based mechanisms, auctions are being oversold.
The fact is that both the existing system and an auction system are both market-based to varying degrees. It’s not really true that an auction system is truly market-based—or even more market-based than the current system—since in an auction the ultimate consumer is a bystander.
In the proposed auction systems for PLUS loans, the interests, whims and preferences of the borrower are unrepresented entirely, because in the end the lenders selected in the auction may not have been ones borrowers would have selected if left to their druthers.
The government is taking that prerogative away from the consumer.
One example that demonstrates how borrowers are disenfranchised would be a state that has a strong state-based loan program or a popular regional financial institution that offers competitive terms and high quality service. Out-of-state or online lenders with deep pockets could decide to underbid them. The citizens of that state would now have to turn to institutions they may never have even heard of. Or had previously chosen not to borrow from.
If they have children who attend schools in separate states, the lack of choice is compounded. The borrower may be forced to deal with another, entirely different institution.
In other words, the government is the decider. Any market in which the government is the ultimate decider is no real market at all.
Under the current system, for all of its imperfections, no one deny that at FFELP schools it’s up to the individual borrower where he or she will get a federal student loan.
Kevin Bruns, at 5:45 pm EDT on June 28, 2007
Chris, the direct loan program is not that cheap. Students would not want to pay the interest rates the goverment would have to set if it wanted to cover all of its costs.
100% direct lending! Where will you be when the lines around the Education Department are longer than the lines around passport offices nationwide? Leave a number where students can complain.
David Starr, at 5:45 pm EDT on June 28, 2007
The idea of an auction for student loans is to harness the efficiencies of competition to drive lenders to find the cheapest price at which they are induced to enter the guaranteed student loan market. That’s the cheapest price possible for the government/taxpayer. But as D.C. Observer notes, this is at cross purposes with the current system, which uses competition to drive lenders to give the most benefits for schools or students. Setting aside the controversy over preferred lenders and other scandals, which can and will be fixed by regulation and statute, and making it clear that benefits of competition are to be aimed strictly at students, we can use the current market-based system to get the best price and services for the student. An auction-based system, by its nature, will require handing over small monopolies to lowest-bid lenders. They could be monopolies by state or by blocks of schools. What is the cheapest price for the taxpayer may not be the best deal for the student since they have no choice. They can’t bargain or go elsewhere so they may end up with higher prices (no rate cuts, no default fees covered) or worse service. So who should competition benefit – the taxpayer or the student?
Jennie Woo, Edfund, at 6:35 pm EDT on June 28, 2007
And here I was beginning to think I was the only person in the country moving to eliminate FFEL entirely; it’s nice to know I have a compatriot. And I’ll say it again as well: the only choice I really see in federal education lending is— don’t take a federal loan through DL (or whatever the feds decide to rename it): There’s your choice.
Ann Doherty, at 8:25 pm EDT on June 28, 2007
Your wish is already coming true. People already are not taking loans through the DL program. That’s why it continues to tank compared to FFELP. Central control by the government has been tried before. It never did work very well. The weak, financially inept, and those that cannot understand personal responsibility, will always opt for the perceived safe haven of big government.We’re born Republican, and we die Democrat.
Ralph Genco, at 10:45 am EDT on June 29, 2007
The late Peter Drucker (a lifelong academic, BTW) famously pointed out that hospitals and colleges ought to focus on their core mission.
What is that? Ed-ja-ma-ca-tion. As in, teaching and learning.
Not running loan companies, real estate properties, food service units, parking management, etc.
Want to help students finance their educations? Go work for a lender — having it both ways is not sustainable.
B.J., at 10:15 am EDT on June 30, 2007
Dr. Woo has published several excellent studies on student aid demographics but shows an apparent misunderstanding of the student loan market. The current system does not “use competition to drive lenders to give the most benefits for schools or students.” The current system wastes huge sums on marketing to red line “borrower benefits” to very few students. And there should not be any “benefits” for schools at all. If a school is shaky enough administratively to fall for a marketing pitch regarding a shiny new front-end interface, then that school should probably not be involved in federal student aid programs at all. The law requires schools to be administratively capable. They should not need gifts of software or lender/guarantor staff helping with filing in the financial aid office.
How can the current system “be fixed by regulation and statute"? You cannot change human nature. You are talking about thousands of investigators fanning out unannounced to 5000 institutions each year. Seems unwieldy. You need to set up a program structure that automatically makes illicit incentives difficult if not impossible to offer.
“Bargain or go elsewhere"? Again, this must be talking about schools, not students. Do you have any examples of a student who had lender A on one phone line and lender B on the other phone line and was able to bargain? Any examples of bargaining even with one lender on the phone? Can you get on the phone with Microsoft and bargain over the price of Office 2007? This is fantasy land. These are contracts of adhesion. The student has no bargaining power in an environment where only a handful of organizations already control half the market. It is take it or leave it. If you are at a top 5 business school, you may get some great borrower benefits. If you happen to have a lender who has a selling arrangement with a tax-exempt/9.5 secondary marketer, you may get a zero-fee loan. But they set the terms. You don’t get to bargain.
The years of HEAL auctions cut interest rates substantially. Thus, maybe 5% of FFELP borrowers will get worse benefits, while the rest will get a better deal overall. As long as FFELP is a federal program, the taxpayer is far more important than the student. Yes, the savings to the taxpayer are more important than the savings to the student. FFELP gets an incredible deal in Washington. It is an open-ended, mandatory spending program, subject to reauthorization only every five or six years rather than every single year. If the student is to become more important than the school and the taxpayer, then try going on annual appropriations like almost every other federal program. Schools waiting until Oct. 1 (at least) each fall to get the loan disbursement. Lenders and guarantors not knowing from year to year whether they would receive their federal checks. Some might quit the program rather than deal with that uncertainty. You dance with who brung you.
Anh Do, at 2:40 pm EDT on July 7, 2007
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Student loan programs should be for students, not political candidacies.
Allowing politicians to set terms frequently leads to financial disaster. Like Medicaid — reimbursements are lowered and providers curtail admissions. (Something that Mr. Michael Moore obviously missed.)
Allowing auctions would allow rate flexibility. Like the difference between attending Harvard and Podunk State. Or the employability difference between engineering students versus English/social studies students.
Small programs would NOT be disadvantaged. They would just form bargaining cooperative, just as grocers and farmers have for decades.
And comparing HEALP (high-demand students) to DL and other programs (generalized demand) is like comparing NASCAR to I-80. Hardly comparable.
B.J., at 7:20 am EDT on June 28, 2007