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Yellow Light on Student Loan Reform

April 29, 2009

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A compromise 2010 budget resolution released Tuesday by Congressional leaders gives the Obama administration a chance to push its plan to restructure the federal student loan programs -- but also sends a clear signal to the White House that lawmakers remain skeptical about the president's proposal to largely eliminate the lender-based Federal Family Education Loan Program.

President Obama and Education Secretary Arne Duncan have pushed Congress hard to include in its final budget blueprint the opportunity to use the "budget reconciliation" process to enact policy changes in both health care and higher education. Legislation considered through budget reconciliation can be approved by the Senate by a simple majority rather than the normal 60 votes (to avoid potential filibuster), and is therefore often opposed (especially by the minority) as an inappropriate way to consider major shifts in federal policy.

The budget resolutions passed this spring by the House and Senate took differing approaches, with the House including language in its budget resolution that would have given the House Education and Labor Committee until September 30 to come up with a plan to shave $1 billion in federal mandatory spending -- a goal the committee would be likely to accomplish only through radical changes in the student loan programs, which the Congressional Budget Office estimates would save $94 billion over 10 years. The Senate Budget Committee opted not to head down the controversial path of budget reconciliation, though both panels included provisions that would create reserve funds designed to cover the costs of making the Pell Grant Program a federal entitlement, which college leaders and student advocates aggressively favor.

The compromise resolution that Democratic leaders unveiled late Monday seemed to largely back the president's plan to ensure a steady stream of funds for Pell Grants, and to give the Congressional education committees until October to craft budget reconciliation legislation that would save the Treasury $1 billion a year over five years.

But in a clear nod to Congressional supporters of the bank-based loan program, the compromise budget blueprint also includes a non-binding "Sense of the Congress" resolution that praises the role of lenders and guarantee agencies and requires that "any reform of the federal student loan programs ... include some future role for the currently involved private and non-profit entities." Loan reform, it goes on to say, should "capitalize on the current infrastructure provided by private and non-profit entities, In order both to provide employment to many Americans during this time of economic distress and to maintain valuable services that make postsecondary education more accessible and attainable for many Americans."

The extent to which this would-be Congressional mandate is conflicts or is consistent with the White House's plan is likely to be debated. Education Department officials have maintained all along that their plan would use existing lenders -- not to make loans (which would all, under its plan, be originated out of the federal Treasury) but to contract with them to service loans, and also possibly to help with debt avoidance, through arrangements with states.

But depending on how one reads the Congressional language, lawmakers might be seen trying to stake out a broader role than just that -- or to send a warning to the executive branch that they remain skeptical about either the wisdom or the likely success of the administration's plan.

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Comments on Yellow Light on Student Loan Reform

  • You have to spend money to make money
  • Posted by DS on April 29, 2009 at 9:15am EDT
  • Yellow light, turning orange, on its way to red. As I've been predicting all along, too many Congressional campaign war chests are filled with lender contributions to ever kill FFELP, so it's all going to come down to pay-to-play politics instead of what's best for students, what's the most efficient loan delivery method or what saves taxpayers the most money.

    It'll be interesting to see the members of Congress go back to their constituents to try to explain why essential expenditures in other programs were cut when they could have saved billions on student loans with no cuts to the program's beneficiaries instead.

  • most drivers blaze through yellow lights at full speed
  • Posted by Ex-Loan Huckster on April 29, 2009 at 9:15am EDT
  • At this point, having no skin in the game, I would encourage the administration (read: Shireman) to annihilate all remaining vestiges of the FFELP. Sell the rights to service the FDLP portfolio through competitive bidding process (i.e., to get the fat cat ACS out of there - they have collected a cool margin in the 40% range on that business for 14 years.). There are really only two likely outcomes, either things smooth out after a slightly rough start and no one even remembers Loan 2 Learn or My Rich Uncle, or FDLP will be a complete disaster prompting a reincarnation of private guaranteed lending, but perhaps in a more efficient and equitable format (read: no monopolies, Morton's dinners and golf courses). One unfortunate casualty is community banks that only did FFELP so they could offer a full portfolio of products to banking customers. That schools and students might be harmed doesn't really matter because schools have not defended the FFELP and students, through mouthpiece Alan Collinge have been calling for FFELP's demise.

    One thing that seems foolish is to go half way in killing FFELP. Keeping a neutered FFELP around to say there is competitiion is a paper-thin ruse. The only choices are to return it to previous status or kill it off entirely.

  • You should keep up....
  • Posted by Common Sense on April 29, 2009 at 10:00am EDT
  • The Fat Cat lender/servicers you refer to are the ones that have gotten the contracts to service the direct loan program.....two years ago politics were all about more choice for students, today politics are all about no choice for students....just more and larger government bureaucracy. Students and parents will just fall into the void of another huge government fiasco

  • Why is the gov't a lender?
  • Posted by dm0026 on April 29, 2009 at 11:00am EDT
  • Much like Freddie and Fannie, Direct Loans will morph into something that Barney and Chris want to garner more votes. How about auto loans for Government Motors(GM)!

  • Collateral Damage
  • Posted by CanDo on April 29, 2009 at 11:30am EDT
  • If FFELP is "killed" and the resulting collateral damage assessed... many Congressional reps will have to explain to their unemployed constituents the reasons for the government knowingly and willingly increasing state Unemployment rolls, during the largest economic downturn since the Great Depression. This is the Administration that campaigned for creating and saving jobs, no matter what the cost.

    Most FFELP employees are average Americans, who go to work every day, pay their bills and honestly feel they are working hard to help students finance expensive college educations. "Fat cat" bankers are less than 1% of the overall FFELP industry, just like fat cat college presidents are less than 1% of the higher education system that keeps raising tuition and administering inefficient and costly educational institutions. And by the way, when Congress realizes that Direct Lending isn't really helping students pay for a college education any more than FFELP did, who do you think they will go after next?

  • Government Lending
  • Posted by Shazamm on April 29, 2009 at 11:45am EDT
  • Maybe Congress should kill both programs and get out of the lending business all together. As a taxpayer, why should I have to subsidize college students? Let them get loans in the private market, if they can. If they can't, too bad.

  • Posted by collegeloanconsultant on April 29, 2009 at 2:00pm EDT
  • Most FFELP employees are state employees. Perhaps if the FFELP is killed, the federal government would offer states some incentives to come up with their own loan programs that these employees could be used for. Some states already have seen the writing on the wall (NYSHELP) and others have been doing it all along, (MinnesotaSELF) but most could use a jumpstart.

    <a href="http://www.collegeloanconsultant.com/state-college-loans.html">state college loans</a>

  • there's an idea, keep 'em poor
  • Posted by DS on April 29, 2009 at 2:00pm EDT
  • What a great idea, Shazamm...college should only be for those who can afford it out of pocket. A return to the good old days of class and racial privilege, with none of those pesky expectations of upward mobility among those lowlifes not born with a silver spoon in their mouths. That way you get to keep all of your money in your tight little fists and not share it with anyone...and you'll need it too, because without an educated workforce, there'll be no Social Security and no real viable economy. But at least you won't have to subsidize college students, and you'll rest easily knowing that poor people will stay that way.

  • Posted by greta2242 on April 29, 2009 at 2:00pm EDT
  • We push education on students and sell college like it's the next step in every public high school in America. We tell our students that 'if you want to succeed in this world then you must go to college.' Many students, like myself, buy into that lie and are told that when you get out of college then the loans can get paid. This was such a lie! How does a $40,000 private loan which was never explained as anything different than a federal loan and the ''advisors' simply say to sign on the doted line morph to over $100,000 in less than 2 years? If I ran up credit cards or went crazy with buying a house that I cannot afford, there are programs to eliminate or alter the deal. However there is nothing stopping the banks! There is nothing stopping a perpetual fraud. There is no truth in lending. And we trick young adults into a life of servitude with student loans.

    To those who say, 'why should I pay?' The answer is do you use the system? Can the banks do this to you and ruin your life to be a slave? If a lender comes after you for your credit cards, home value, etc... does the government help you? Is there a safety net for you? The answer is a resounding YES. You have a safety net for most of the choices in your life and we all bail you out. So why is it an issue when the government wants to help out the college graduates who have zero protections from banks?!?

  • FFELP employees
  • Posted by Common Sense on April 29, 2009 at 3:00pm EDT
  • Most FFELP employees are NOT state employees.

  • Common Sense
  • Posted by DFS on April 29, 2009 at 5:00pm EDT
  • I suspect that you are right. I say "suspect" because your initial post overuses "you." I was following everything up until that comment.
    Who exactly is "you"?
    Greta has a great point.
    Perhaps we should right now follow Limbaugh's advice and just sign over everything in our lives via the Obama Power of Attorney Letter?

  • State/At will employees
  • Posted by SJackson at Cornfield Communications on April 29, 2009 at 6:00pm EDT
  • Vast majority of FFELP Guarantors are at-will not state employees. One guarantor service provider was staffed by state employees but migrated to private sector or at-will employees. It appears DL will happen. Guarantors might see how they might serve their respective states versus lay-offs..

  • Graduate without debt...it is possible no matter how poor
  • Posted by Ana on April 30, 2009 at 8:00am EDT
  • DS, there are plenty of other ways for poor folk to gain an education without going into debt. I was raised in a family of eight. My parents had no money to send me to college...oftentimes my father worked two to three jobs just to make ends meet. I went to an Ivy and graduated without any debt! How did I do it? 

    I had a low entry-level job at a major corporation. That corporation offered tuition reimbursement. Granted it took me eight years to finish an undergraduate degree, but I did it. And I gained so much experience working while going to school, it was the best of both worlds. Now I'm not saying it's easy to do it that way, and most people in this country are too lazy to go about it that way. I only knew of a handful of coworkers who were in the same socioeconomic class, willing to work that hard to better themselves. We live in a society where we expect everything to be handed to us...entitlements. 

    BTW, community colleges are quite affordable options and there is nothing wrong with going to one! I started my higher education experience at one, so your comments are baseless in this day and age.  

  • Congress is still at it......
  • Posted by Anonymous on April 30, 2009 at 11:45am EDT
  • Congress still doesn't get it. Student borrowers, and people who care about student borrowers, have had it with Congress giving special exceptions to private companies at the peril of borrowers. This is a no-brainer and yet Congress is still playing the game of allowing the wolf to be in charge of the henhouse. Enough is enough. I will be looking for every name of every Congress person who is involved in continuing this and will use every opportunity to make sure everyone knows who sold out the borrowers for personal political gain - again. I hope their names are imbedded in people's minds when they go to the ballot box and I hope they use their power to remind Congress that their job is to answer to the boss and the boss is the voter. 

  • Good for you Ana, but...
  • Posted by DS on April 30, 2009 at 1:00pm EDT
  • ...many corporations have cut back or entirely eliminated employee tuition benefits in recent years. That's a great way to pay for college if it's available to you, but it makes up so tiny a slice of how people pay for college as to be barely negligible, if that.

    I was not promoting unnecessary debt nor discouraging attendance at community college (especially considering that I work at one), but criticizing the premise that college should only be available to those who can afford it themselves. Federal and state investments in helping people pay for their education pay off more handsomely than virtually any other public expenditure, and it pains me to hear the greedy, myopic "why should I as a taxpayer support this?" argument, because aid programs, including loans if borrowed wisely, benefit everyone.

  • Leave student loans private
  • Posted by Frank Claus , retired at University of Pennsylvania on April 30, 2009 at 1:45pm EDT
  • The government has not demonstrated its ability to manage loans programs (ie: Fannie and Freddie).Why trust it with the worlds largest consumer loan program when it cannot manage what it already does. And- where will the funding come from- China? Private- competitive student loans have worked for decades.

  • The time has come
  • Posted by Anonymous on May 3, 2009 at 6:00am EDT
  • How can we let student loans remain private when the lenders who service them have caused so much harm to so many? You reap what you sow and, quite frankly, the private lenders have sowed a batch of seeds poisoned with their greed and lack of fair play.....so I guess it is time for them to reap what they have sowed. No, the private lenders have proven themselves, even with such an unfair playing field in their favor, to be unworthy. As far as the Federal government goes, I am not a fan of them either but, at least, they do not have the worst interest of the students at heart, unlike the private lenders.

  • Ana
  • Posted by David Gresham , Chemist at NA on May 6, 2009 at 5:15am EDT
  • Ana,

    Great for you. Not every one has the ability or the knowledge to do what you did. If life were perfect, none of us would make mistakes or need student loans. People aren't saying that what they did wasn't stupid or unwise. We are saying that we have made mistakes and need some protections to help us out after the fact. People that epouse "look at me, I did it, why can't you?" have no ability to sympathize and lack compassion. Not everyone goes through life mistake free.