Higher Ed Watch - logo
 

Delay or No Delay, Change is on the Way

November 10, 2009 - 9:00pm

Back in September, we predicted that we'd all be in for "a wild ride" as legislation to overhaul the federal student loan programs makes its way through Congress. Boy, were we wrong.

Instead, progress on the legislation, which would eliminate the Federal Family Education Loan (FFEL) program in favor of 100 percent direct lending, has come to a grinding halt. Senate Democratic leaders have put the student loan bill on hold until they come to a resolution on the sweeping health care reform legislation that has deeply divided the chamber. Senate Majority Leader Harry Reid's recent admission that he may not be able to get a vote on the President's top domestic priority by year's end means that the student loan measure may not make it to the Senate floor until next January or February at the earliest.

The fate of the student loan and health care measures are intertwined because Senate leaders continue to hold out the possibility of using the budget reconciliation process (the vehicle through which the student loan bill will ultimately be moved) to push through the health care overhaul. While it seems unlikely that they will go down this route (as many of the reforms they are proposing would not survive this type of parliamentary maneuver), they may not have any other choice if they can't get the votes they need to defeat a Republican-led filibuster of the measure.

For the moment, the seemingly interminable delay appears to be playing into the hands of the student loan industry and their allies in the financial aid world. It has given industry officials (and their friends at Qorvis Communications) time to launch a large-scale effort to try and manufacture "grassroots" opposition to the legislation. It has also helped them stoke fears in Congress that colleges will not be ready to switch to direct lending before the peak student aid processing season begins.

But student loan industry officials can not take comfort in this delay. As we wrote in April, no matter what happens with this legislation, the end of the FFEL program is coming. That's because an emergency law that is currently propping up FFEL -- the Ensuring Continued Access to Student Loans Act (ECASLA) -- is set to expire next July and neither the Obama administration nor Democratic Congressional leaders are interested in extending it. So unless a miracle occurs, and the financial markets improve enough so that lenders do not have to depend on federal financing to make government-backed loans to students, colleges will have no choice but to shift to direct lending anyway.

Most loan industry officials recognize that reform is inevitable. That's why they have been pushing Congress so aggressively to adopt an alternative student loan proposal that would achieve some of the President's objectives but would preserve as much of the status quo as possible -- through carve outs and set asides for different student loan players.

Unfortunately, some of the industry's most fervent supporters in the financial aid world have not gotten the message. Instead they have buried their heads in the sand, and declined to take even the initial steps needed to prepare for the possibility that their schools will have to shift to direct lending. These school officials are the first to rail at Congress about the risk of transitioning so many schools to direct lending in such a short period of time. Yet, because of their ties to lenders, they are leaving their schools and students dangerously unprepared for such a change. If there are disruptions in loan delivery on their campuses, they will have only themselves to blame.

At Higher Ed Watch, we remain confident that Congress will eventually get the student loan reform bill back on track and pass it. But to use the delay for an excuse for inaction is simply irresponsible -- because no matter what lawmakers do, change is on the way.

NAF has jumped the shark!

The scholars at the NAF foolishly think they are triumphant! Unfortunately for them, they're too blinded by their own arrogance to realize their policies have reached the high-water mark. Rome is burning NAF, and meanwhile birds of a feather in Congress and the White House are pursuing legislation that would make the central planners in Europe blush! Legislation that will have no positive implications for the economy in 2010! (In fact, those in the know understand it's liable to have negative implications for the economy in 2010 and beyond!) It's the economy stupid! I'll leave you with an admonition from Frederick the Great to his generals: "Those generals who have had but little experience attempt to protect every point, while those who are better acquainted with their profession, having only the capital object (read economy here NAF) in view, guard against a decisive blow, and aquiesce in smaller misfortunes to avoid greater." That about sums it up there Nero--I mean--NAF!

Correction

By definition, with only 40 votes in the Senate, if there is a filibuster over healthcare in the Senate, it will be a bi-partisan one.

Response

Good point. I mean to say "Republican-led filibuster." I've updated the post to reflect that.

FFEL to DL

From what I see out in the financial aid community, most aid directors are moving their institutions into DL for 2010-11. For most institutionsl with vendor delivered information systems, they'll have a DL module so the change won't be too difficult. For small proprietaries and some institutions with in-house information systems, the change may be difficult.

I agree though that FFEL is basically dead.

THE BLAME GAME BEGINS

Although it has a lot of competition, this blog entry is one of Blogger Burd's worst. Maintaining his role as a propagandist for the administration, he warns schools that if the administration's fails to achieve a transition to 100% Direct Loans by July 1, 2010, it will blame schools.

How shameful that NAF and the Obama administration are taking this position. First, we suspect that had McCain won the Presidency and the Department of Education was strong-arming schools to join FFEL, NAF would be sounding the alarm of implementing legislation before enactment. In so doing, they would be right.

Second, lets not forget that there the "transition risk" at the center of the student loan debate (at least for this month) is the handiwork of the administration itself. Simply put, if the administration were to end its irresponsible opposition to an extension of the once-bipartisan ECASLA legislation, the student aid community could start talking about something else--something like how to make loans more affordable for borrowers.

Why is the administration preparing to play the blame game rather than admit that it needs to extend ECASLA? One might cite the aforementioned plan to blame schools (and, of course, suggest that the schools that refused to implement Direct Loans before enactment of SAFRA were duped by FFEL lenders). An alternative explanation is that the administration has concluded that unless FFEL is killed once and for all now, schools will return to it at the first opportunity.

One additional comment: The Department's own data suggests that 42% of loans are already being made in the Direct Loan program. It knows that calculating budget savings on the assumption that only 30% are is not honest. If an honest budget analysis of SAFRA were done, the "scored" budget savings would be well less than the $87 billion regularly cited by the administration, its supporters on Capitol Hill, and, of course, its cheering sections.

Yet, given that the national debt is now over $12 trillion and rising rapidly, shouldn't President Obama care about the reality of deficit spending and himself step forward and put an end to a massive act of what I call "budget fraud"?

The administration seems so committed to its goal of producing illusory savings to immediate spend (on some admittedly worthwhile activities) and killing FFEL for good that it is ignoring the common sense pleas of working aid administrators and is preparing to blame them for a massive mess of its own making.

Is FFELP really dead?

If the Senate doesn't take up the student loan legislation until next year, as the NAF article suggests, then the timeline to implement reconciliation, have both chambers vote and send a bill to the President means nothing gets enacted until March or possibly even April. Even if only a thousand schools haven't shifted by that point, that's a rather aggressive time frame to ensure a 100 percent transition by July. Surely there is a more-than-trivial number of schools that would prefer not to shift to DL unless they absolutely have to, and would rightfully exercise their option to hold off on enduring a not-costless transition until it's clear that it's necessary.

It seems prudent, if not obvious, for CBO to re-score SAFRA so that it reflects the economic reality of a 2010-11 academic year not fully funded through Direct Loans and with an ECASLA extension, or other temporary stop gap measure. It's difficult to believe that Congress and Education would be unwilling to offer a non-DL alternative and simply throw 200 or 500 institutions (and hundreds of thousands of students) under the bus for choosing to not enact structural changes on a bill that, as of today, has only passed the House. I don't see the nation's healthcare system "prepping" for what's to come and their legislation is technically sitting at the same point in the process.

Clearly, both Congress and Education are aware that a CBO re-score today cripples SAFRA by making the community proposal more financially attractive than SAFRA, on balance, because the assumptions on which the bill was based are just not logistically realistic.

My point? I guess I'm not necessarily convinced that FFELP is dead or should be prematurely regarded as dead.

Any college that doesn't

Any college that doesn't switch to direct lending is crazy in denial. Why would ANY college risk having to tell students there isn't any loan money available because the college was holding out hope that this or that legislation would or wouldn't really happen? No-loan-money equals no-money-to-pay-tuition equals no paychecks for college employees. Simple. Self-interest will get them on the direct loan bandwagon because the DL program is the only sure thing.

re: Any college that doesn't

Anon, let me turn your issue around: it is difficult to believe that Education or Congress is simply going to deny hundreds of thousands of students access to federal student loans so they can wag a finger at hundreds schools who haven't transitioned in time and say, "this is what you get for not listening to us."

I should think that punishing a voting population facing dim employment prospects and looking to develop marketable job skills for something they had not control over will simply not happen.

I have the answer Anon...

I think a more elegant solution would be for Congress to take a page out of "health care reform" and throw any recalcitrant school's administration in jail should they refuse to comply with the Direct-Loan mandate!  I mean, let's be reasonable here folks, freedom to choose is so passe in the era of hope and change!  Why hasn't Nero--there I go again--NAF, proposed this?       

Relevant Critic Doth Protest Too Much

Relevant Critic makes it sound as if making budget savings is bad. If more institutions are making the switch earlier and saving taxpayers even more than originally anticipated, how is this bad?

Nor are the savings one-time; they will continue year after year.

About the deficit: Wisely, the federal government does not use cash accounting, because cash accounting often results in misrepresentations of the sort Mr. Critic makes. Net-present-value accounting provides a more honest presentation, if honesty is what Mr. Critic is after.

Net-present-value fiction

Yeah, I want to see the NPV on a loan made at a historically low rate, to a young borrower who has no credit, no assets, no employment, few prospects (during a time of record unemployment), and will be graduating into a job market that has more job seekers than jobs requiring degrees.

Or maybe when the cohort default rates reach well into the double digits we should look at the NPV of all the loans that will be written off.

Me thinks Veteran Scorekeeper can't add.

What is up with your troll?

I've had the impression that a PR flack is trolling a few sites I visit regularly, but I've never seen anything like your troll here. The double talk is almost undecipherable. It seems designed to confuse.

FFEL is pretty simple: The government advances the loan, the bank handles the paperwork and keeps the income stream from the indebted student. The bank has nearly unfettered freedom to set fees and interest. The student can't discharge the loan in bankruptcy. The government is out money for the original loan, and out more money if the student defaults.

It's a transfer of public funds to private actors, while the government assumes all the risk. It's, well, it's ridiculous. And almost everyone knows it.

How on earth is not handing public assets to a private company a bad thing? How is it some disaster for the deficit if the government keeps the interest on the income stream for its own advanced principal? How long can lenders keep up this shell game?

Seriously, how long? I'm taking bets.

Curious, you're essentially

Curious, you're essentially saying that it's perfectly okay for the government to offer services to the public and charge enough to earn a profit, a very large profit, to be precise.

Mind you, the product is being sold to low-income families and others who don't have sufficient resources to pay for college without needing to borrow. In other words, the government is acting in a predatory way, selling a service to individuals in distress with no options in the market place and extracting an unreasonable profit.

I don't know how you live with yourself. Every red-blooded liberal, progressive and leftist should be outraged.

Huh?

I didn't say the government should charge a profit. I said the government should stop wasting its money, while banks use the government's money to make billions, risk-free. That's not even a very good straw man.

Shhh . . . everything is a transfer . . .

Here's the problem, curious: under FFELP the government does not originate the capital, private lenders do. Also, lenders don't set fees or interest rates - Congress does. Lenders have historically charged borrowers less than the law requires while the government laps up every last penny it can, earning arbitrage (read: profit) rates as high as 97 percent against its own cost of capital. And as for that bit about non-dischargeability in bankruptcy, that's true for DL and FFELP. What is inherently virtuous about the government operating a loan program under these circumstances?

And if your biggest concern is that there is a transfer of funds from the government to the private sector, what do you think Medicare is? Or for that matter, Pell Grants, defense contracts, basic research contracts, etc. Even state and federal government pension funds can be privately managed. Perhaps you believe all of those activities should be nationalized as well? That government can only destroy itself by trying to take over every function of the private sector - ultimately, the government destroys the very thing it needs to survive: a tax base. You may want to look at the history of a few developing countries that have tried that, we may be about repeat history.

It astounds me that at a time when the rest of the world is enthusiastically embracing public private partnerships as a means to leverage private sector participation toward the common good, we are charging headlong in the opposite direction based entirely on a fraudulent budget score. I'm pretty sure the analysts at CBO wouldn't bet their pensions that their score is accurate, why should this country bet its future on the same set of bad assumptions? Particularly when the head of the Direct Loan Coalition said recently that these savings are "illusory" - her words, not mine.

The central problem is that

The central problem is that a college degree in virtually every field does not lead to employment that generates enough disposable income to repay loans needed to obtain that degree, if the student has no family resources to offset the cost of the education. This began to be the case with general liberal arts degrees in the 1980's and has racheted up into a great many professions. This trend has persisted through upturns and downturns in the overall economy and under both Democratic and Republican administrations. It has been exacerbated by the growing trend to require advanced degrees in professions that formerly did not require them, without firm evidence that additional education translates into greater workplace effectiveness (eg in k-12 teaching). Neither switching to direct loans nor the most optimistic projections for economic recovery begins to address the fundamental unaffordability of higher education. Either the system needs to dramatically increase direct subsidies for median and below-median income families (not poor!) or it needs to revert to a workplace climate where living wage jobs that do not require postsecondary education are available. Anything else is a shell game with a short fuse (excuse the mixed metaphor).