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Feeling Like a Fait Accompli

July 15, 2009

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SAN ANTONIO -- You could play a game of touch football in the exhibit hall at the annual meeting of the National Association of Student Financial Aid Administrators here without hitting a lender, given the relative dearth of banking and other companies pitching their wares to the college officials in attendance. And the muted atmosphere in the massive conference center hall had the feel of a wake, an apt metaphor for an industry that, while not yet dead, is fighting for its life.

The fate of the Obama administration’s proposal to end lending through the bank-based Federal Family Education Loan Program is still an open question, even as Democratic lawmakers in the House of Representatives announced Tuesday night that they would soon act on legislation that fully embraces the Obama plan. (Details below.)

And while there is some bipartisan opposition to the Obama proposal, and lenders express confidence that there is support for alternatives they are pushing, they would have been hard-pressed to walk out of the NASFAA meeting feeling particularly upbeat -- and not just because of the funereal atmosphere in the exhibit hall.

While a strong majority of colleges still participate in the bank-based system, Obama administration officials have been saying for months that the FFEL, or guaranteed loan, program, as it is known, is on “life support,” and putting forward an air of inevitability about the transformation that seems to be becoming a self-fulfilling prophecy.

And to judge from various signs at the financial aid officers’ meeting here, that inevitability seems to be taking hold, even though some college administrators remain skeptical of the wisdom of the administration’s proposed shift.

The administration’s political leaders, not surprisingly, continued to strongly advocate the Education Department’s position that ending bank-based lending would save tens of billions of dollars that could be used to increase financial aid for students. (Robert Shireman, the deputy under secretary of education, also continued to cling to the prospect of a “Pell Grant entitlement,” in which money for the key need-based aid program would increase automatically without the need for Congressional approval each year, even though it seems clear that the government cannot afford such a change.)

In addition, college administrators swarmed into multiple sessions in which Education Department staff members explained how to shift from the FFEL to the direct loan program. Many of the aid officials said they were getting up to speed in case they are forced to switch, and department officials did their best not to get out in front of Congress, and to make FFEL supporters feel as if they were cheerleading for direct lending. “You can’t wait for the budget to be done to start planning,” given that the Obama plan (and the House legislation) call for a full switchover to direct lending less than a year from now, says Susan O’Flaherty, who works for the department's Federal Student Aid office.

“This is a preemptive strike to do some of the things that will save you having to do this in a hurry if this all happens and comes to pass later this year,” said Wood Mason, another department staffer. “This does not obligate you in any way” to begin lending through the direct loan program this year, he added.

Try as they might to stick to “if” to refer to the transition to direct lending, though, department officials occasionally slipped up and said “when.”

One of the few busy booths in the exhibit area was the one manned (and womanned) by the National Direct Student Loan Coalition. A steady stream of financial aid administrators stopped by the coalition’s booth to ask questions, take information, and get the business cards of peers whose institutions are in direct lending, and happily so.

During the meeting, officials at NASFAA also discussed the results of a survey of financial aid officers whose colleges had recently switched to direct lending. Justin Draeger, vice president of public policy, advocacy and research at the association, said that 73 percent of respondents whose institutions had recently switched said the transition had been easier than they thought, while 4 percent said it had been more difficult.

Sixty-one percent said they found the administrative burden to be less severe in direct lending than in the FFEL program, and 84 percent said they did not have to add staff members to administration the direct loan program, a fear commonly expressed by aid administrators who favor FFEL.

But respondents reported the biggest “hiccups,” Draeger said, in the technology related to the new program, and how well it integrated (or didn’t) with their existing financial aid and other computing systems. “We are concerned ... that all schools have adequate time, to make sure their own IT staff and infrastructure have time to make the conversion,” Draeger said.

While 80 percent reported that they had been able to make the transition to direct lending within four months, 14 percent said it took them more than seven months, which is a matter of concern with a potential deadline for switching over -- July 1, 2010 -- looming, he said.

Those and other issues are clearly on the minds of aid administrators as they discussed the loan programs between sessions and over meals at the NASFAA meeting. Many said they embraced the goals of the Obama proposal, of using the estimated $87 billion in savings to increase aid for students and make college more affordable.

But some, especially those who are happy in the guaranteed loan program, questioned whether the projected savings would materialize, expressed reservations about whether the Education Department would be able to handle the increased burdens it would face, and feared that they would have to spend significantly more to counsel student borrowers and perform other functions that their lenders now provide.

Lenders are certainly playing to those fears in promoting their own proposals to lawmakers, and insist that they are finding “good receptivity” to their proposal in the Senate, said Ron Gambill, chairman and CEO of Edsouth, a nonprofit lender.

The die has largely been cast in the House, as became clear Tuesday night when the Democratic majority on the Education and Labor Committee said it would introduce legislation today to carry out the Obama plan. The legislation, which Rep. George Miller will unveil during a conference call today with Education Secretary Arne Duncan, evidence of their alignment, reveals some evolution in the plan President Obama initially unveiled in February, most notably by giving up on the idea of a “Pell entitlement.”

The House legislation would direct $40 billion over 10 years to increase the Pell Grant to $6,900, with annual increases pegged to the increase in the Consumer Price Index plus 1 percent coming out of so-called mandatory funds, so that supporters would not have to fight for increases from Congressional appropriators each year. But Congress would still have to agree to provide the base amount (currently $4,860) each year. Making the entire Pell program an entitlement would be “prohibitively expensive," a House Democratic aide said Tuesday. (Estimates have put it at $300 billion over 10 years.)

Like the original Obama proposal, the House legislation would also create a $500 million annual fund designed to provide incentives to colleges and states to increase college going and completion rates, especially for low-income students, and radically remake the Perkins Loan Program. It also would fund the community college initiative that President Obama officially unveiled on Tuesday (see related article).

But it also would tap into the $87 billion in savings for a set of other priorities that give the measure the “Christmas tree” feel that many pieces of Congressional legislation have these days.

Some of these would benefit colleges and their students, including $1.2 billion in additional aid for for historically black and other minority-serving colleges, and a shift to variable interest rates (capped at 6.8 percent) for federally subsidized loans beginning in 2012. Congress is steadily cutting the interest rate on such loans to 3.4 percent by 2012 under budget legislation it passed in 2007, but the rates are set to rise back up to 6.8 percent after that.

Other savings in the bill, however, would go elsewhere. House leaders propose creating an “early learning challenge grant” program, at a cost of $10 billion over 10 years, to award grants to states to invest in early childhood education. The legislation would also provide more funds (which many Democrats pushed for in last fall's economic stimulus legislation) for school modernization, renovation and repair.

And the legislation also would put $10 billion of the funds saved from the loan programs toward reducing the federal deficit, House aides said.

Rep. John Kline of Minnesota, the senior Republican on the Education and Labor Committee, called the Democrats' proposal "more of the same," designed to produce a "bigger, more intrusive federal government making spending promises it can't afford to keep.... While we all support
investments in Pell Grants and other meaningful efforts to expand college access, these initiatives should not be financed by permanently
eliminating the role of the private sector in student lending."

But as supporters of the Obama (and now Miller) proposal like to point out, even the FFEL program is heavily financed by government money now, as a significant proportion of the money that banks lent to students in 2008-9 resulted from the 2007 law (known as the Ensuring Continued Access to Student Loans Act) that ensured that non-federal lenders would have access to loan funds.

Without that law, even many supporters of FFEL acknowledge, the program probably would have collapsed, and that fact strengthens the hand of administration officials when they say that the guaranteed loan program is on shaky ground.

And as the NASFAA meeting helped make clear, they may have repeated that mantra enough to make it inevitable.

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Comments on Feeling Like a Fait Accompli

  • Its Not Over Till Its Over
  • Posted by Jack , Its Not Over Till Its Over on July 15, 2009 at 8:45am EDT
  • It's premature to suggest that a meaningful role for the private sector is over in federal student loans. Chairman Miller's bill is not the end of the discussion. Concerns are rising regarding the ability of the Department to convert schools to Direct Loans and the impact of another $1 trillion in federal Treasury borrowing over the next ten years. The provisions in this bill that purport to address concerns about job loss (didn't Bob Shireman and Secretary Duncan say there were no job losses?) and the elimination of a role for non-profits need to be looked at more closely to see if they actually are workable.

    Also, it would appear that FFEL is the gift that keeps on giving. Although initial budget estimates for the Obama plan suggested that savings fit nicely with making Pell Grants and entitlement, the Miller proposal not only supports a $5500 Pell (although not the promised entitlement), but also reduces borrower interest rates, funds the community college initiatives, creates an Early Learning Challenge Grant program and contributes $10 billion for deficit reduction. Was the omission of the health care reform propsal from the initaitives funded with student loan savings an oversight?

    Forgive us for being a bit cynical about this propsal but we frankly don't think the government will do a good job for students and families, and don't think the claimed savings will ever materialized because federal interest costs will rise.

  • Credibility
  • Posted by jd on July 15, 2009 at 9:45am EDT
  • Jack's comment would be more credible if he disclosed his employer or sponsor. Otherwise it's just the empty posturing of an obvious sockpuppet.

  • Missing the Point
  • Posted by Chas. Lamb on July 15, 2009 at 10:30am EDT
  • All of the bickering over who should be making and servicing student loans misses the bigger point. Direct Loan supporters say the federal government should be the sole lender because it can borrower money at a cheaper rate and use the "profits" to help society (in this case, students). Isn't that true with any lending prduct, or in fact any business that has to borrow to operate (which is about 99.9% of all U.S. buisnesses)? Why not have the federal government make all car loans? All home loans? All commecial and construction loans? Since the government can borrow money more cheaply, why not get into the manufacturing sector and use the cheaper funds to offer lower-priced products? Where does this line of thinking end? It's been said that the federal government should not do anything that the private sector is willing and able to do well. It's good advice to follow. The current Administration policy (in healthcare, energy and now student loans) that the governent can do it cheaper and use the "savings" to help others is a pretty good working definition of socialism. Student loans may be the exception, since non-bank lenders can't raise their own capital today anyway, but it's a slippery slope. A decision on student loans should be made carefully and without emotion, an approach that apparently has not been tried yet.

  • Hypocrisy Noted
  • Posted by James Boyle , President at College Parents of America on July 15, 2009 at 10:30am EDT
  • I don't have a dog in this fight, but wanted to note that since JD failed to note his "employer or sponsor" I guess he is asking we fair readers to treat his anonymous sniping in the same way he dismisses Jack's comments. Hypocrisy noted.

  • Good riddance
  • Posted by Fossil , Professor of Mathematics (emeritus) at Gargantuan State U. on July 15, 2009 at 12:00pm EDT
  • Here's to the swift and painful demise of the predatgory thuggery that was thestudent loan racket as we haveknown it. Now, if only a way could be found of consigning some of the sewer rats who ran the scam to prison cells alongside Madoff, there might be some justice added to the mixture.

    No, I don't have a dog in this fight. I paid of my modest student loan--a few thousand direct from my alma mater--35 years ago, with no runaround from the lender. But that was before the whole game became aspecies of thievery, with the complicity of a crooked Congress.

  • What Kind of Private Sector?
  • Posted by Curro Romero on July 15, 2009 at 12:00pm EDT
  • "It's been said that the federal government should not do anything that the private sector is willing and able to do well."

    I understand that GM, Ford, etc. have lately entertained the notion of doing away with that impossible bureaucracy known as the Big Five Health Insurance companies in favor of a Single Payer system in order to lower the price of the cars they make.

    I am for a partnership between government and private, non-profit cooperatives (and ditching the stock market.) In other words, not the socialism you probably have in mind but a libertarian version thereof. Notice: As these cooperatives grow and network you end up with another version of feedom and free enterprise. You have two classes of people: workers and consumers, everybody belonging to both classes, as distinct from our present over class, middle (professional/coordinator) class, and underclass. You can't have an overclass without an underclass. But if you do, it works best if there's a buffer in between, a strain on the whole society.

    Education has become a necessity, like health care. Average tax payers deserve to influence their federal government to repackage their money in ways that come back to average tax payers themselves, which is inimical to what corporations (your kind of private sector?) want. The corporate right-wing is in danger of losing its ideological hold on the populace. Righfully so.

    There can be other kinds of private sectors. Here's to student loans that help students come across that idea in college. If only.

  • Posted by CP on July 15, 2009 at 1:30pm EDT
  • I think Lamb hit it on the head. The other question that should be asked; Why is the Gov borrowing at .25% and lending at 6.8%8.5% and 5.6%. That's highway robbery. So kids that have to take out loans to go to school (because they don't have the money) have to pay for increases in Pell grants for other students who couldn't afford school? It's another tax on the middle class.

     

    Also, if you notice. All of the "conflicts of interest" the dept recognizes all come from one entity. Sallie Mae. They own the guarantor and the collection agencies. Why should everyone suffer because of those bozos? How about make a rule that a lender can't own a guarantor or collection agencies? Problem solved. AND, who did they give a gov contract to?? Sallie Mae! The Hipocracy kills me!

    I predict in three years we will all be back at the table saying, "we have to fix the student loan industry".

  • Death knell for FFEL
  • Posted by feudi pandola , FAO on July 15, 2009 at 1:30pm EDT
  • Sure sounds like a done deal. Sorry to sound like a broken record, but it makes very little sense to me to turn the student loan sector into the educational version of FANNIE MAE and FREDDIE MAC. The feds will also shut down portions of state guarantee agencies like AES/PHEAA when a better outcome would be to use these organizations for loan origination, processing and servicing since it is not at all certain that ED will be able to cope with the onslaught in volume following the shut down of the private sector. The affect on competition is obvious. There won't be any. We've been down this road before with the mortgage market and the end was not pretty.

  • Slippery slopers go home
  • Posted by Chris on July 15, 2009 at 2:30pm EDT
  • To everybody who thinks that "the private sector should be left alone to do what it does well" I couldn't agree more. But the higher ed loan industry is a) gouging consumers, which b) limits the supply of college graduates over the long term, or more specifically, limits the supply of college graduates willing to go into low paying jobs like teaching, public service, etc. So there is a societal interest in higher education that is not present in every other type of loan (though is present in many, thus SBA loans, Fannie, Freddie etc.).

  • Probably Over
  • Posted by Sam C , Consultant on July 15, 2009 at 2:30pm EDT
  • Unfortunately, given that FFELP lenders still participating in the program are now selling their loans to the Department, it looks like FFELP is in intensive care and the outlook is not good. As a retired FAA now working as a consultant, I don't really have a dog in the fight anymore; however, having worked for the federal government and done some A-133 cost analysis, I'll wait for a few years to see if the savings really materialize. I wonder also about the Department's ability to provide an excellent level of service to all schools in a 100% DL world. The Department's budget has been slashed and Department regional representatives have plates too full already. FFELP may go away, yet, FFELP lenders like Sallie Mae and Nelnet have won DL servicing contracts so the idea of a 100% government run program is, well, silly. Time will tell if this is the right move. As someone who was never a DL advocate, I'll sit on the sidelines and watch as the game unfolds.

  • Whose money is it, anyway?
  • Posted by DFS on July 15, 2009 at 2:30pm EDT
  • Let's see.

    Does it belong to the lenders, or does all money belong to the government?

    Since the lenders will actually be doing the lending, I think that means that it's the lenders' money.

    Or, perhaps this is merely some philosophical question perhaps depending on which party dominates government at the moment.

  • Riddle me this
  • Posted by Cp on July 15, 2009 at 2:30pm EDT
  • Can one person tell me how sending everything to DL will make the cost of Higher Education, for a student that has to take out a loan to go to school, less expensive?

    Looks like to me all that has happend is that the student borrower lost thier substantial repayment benefits. Did I miss something? Did schools say they were going to drop their rates? Offer free books?

     

  • A different view of the "Slippery Slope" theory!!
  • Posted by B on July 15, 2009 at 5:30pm EDT
  • Yes, I do have a dog in this fight (or, at least I used to after being laid-of by a lender)!

    Bitter - no way!!  I was proud to represent a company who offered a fair price for a valuable service (including up-front and back-end incentives). A company, representing the majority of student loan providers, who not only operated in an ethical manner, but "cared" about our school clients and the borrowers who put their trust in us! Sure, after months (and months - and months) of "industry investigations" a few school and lender "warts" were uncovered. They were brought to light and banished. Good riddance!!

    One final comment:  Does anyone remember the early days of Direct Lending?

    If I recall, the DL program was offering "monetary incentives" for each loan a school put through - computer equipment for coming onto the initial phase of the program. Empty, if not currently unethical, promises!

    I tell you what slides down the "slippery slope" when there is NO competition:  Customer Service!!

  • The end is nigh...
  • Posted by Jason Paskowitz , New Jersey State Lead at StudentLoanJustice.org on July 15, 2009 at 10:15pm EDT
  • Based on the hysterical yelping of those with dogs in the the fight, or at least the for-profit dogs, it does appear indeed to be a fait accompli. Good riddance to FFEL. Like the failed Private Collection Agency initiative at the Internal Revenue Service, the government will prove that it is inherently better qualified to handle an inherently governmental function -- in this case, higher education lending. As for the supposedly good libertarian principles mentioned by another post -- the perpetually unelected, mean-spirited Libertarian party is really just a splinter of the disintegrating, mean-spirited Republican party. The corrupt sewer that is the for-profit student loan system is an excellent example of why America is finally saying "enough" to unrestrained free-market economics.

  • Two-Edged Sword
  • Posted by Terrence Hawkley on July 16, 2009 at 10:00am EDT
  • B. Afraid I hold with Romero and Paskowitz, et. al. You say, "I tell you what slides down the 'slippery slope' when there is NO competition: Customer Service!!"

    Consider that competition is Janus-faced. On the one hand it can lead to better service, yes. But the minute a competitor starts to cheat, the competition shifts to who can cheat the best and get away with it the longest.

    See Alfie Kohn's "No Contest: The Case against Competition" for an analysis of all the counterproductive properties inherent in competition.

    The same is true of the private, for-profit Health Care Insurance industry, which will precipitate the next big economic crisis unless we move AWAY from a competitive to a cooperative model.

  • Jason Paskowitz
  • Posted by DFS on July 16, 2009 at 5:00pm EDT
  • Thanks, Jace.

    It's been way too long since I've seen that adjective "mean-spirited" in front of "Republican"!

    You have to stop reading PMSNBC or LSDNBC or the HUFF!

    Is there any thought which is entirely your own?

    We're waiting for your scholarship.

  • DFS
  • Posted by Jason Paskowitz , New Jersey State Lead at StudentLoanJustice.org on July 18, 2009 at 10:00pm EDT
  • My scholarship speaks for itself in the form of my degree from a legitimate (offline) university. Oh, and the ad hominem attacks are oh-so original, especially for a right-winger. They've really produced results for you people in the past few elections. How's that big victory in Iraq working out for you people? By the way, I use my real name online. Why are you hiding behind your initials? Is that what your boss at the collection agency told you to do? I realize that begging college graduates for money all day long, being penned in a cubicle and wearing that silly headset, is probably pretty humiliating. As I said, the end is nigh for the for-profit student debt industry.