September/October 2005 Online Publication    





Reauthorization Update

This past summer, the House Education and Workforce Committee moved the first reauthorization bill out of committee when it passed the College Access and Opportunity Act (HR 609) on a party line vote of 27 for, 20 against, and one member voting present. The College Access and Opportunity Act is the majority party House bill introduced by John Boehner (R-OH), the Chairman of the Education and Workforce Committee, and Buck McKeon (R-CA). As of this writing, the Senate has yet to introduce its major reauthorization bill. However, there have been other bills introduced by both the House and Senate that deal with particular sections of the Higher Education Act (HEA), although the only complete reauthorization bill to be voted on, even in committee, is HR 609. The next step for HR 609 is to go to the House floor, where the whole House of Representatives will have a chance to comment on or amend the bill. The chart below discusses the common policies in reauthorization that affect student loans and the policy’s possible affect on the borrower and school.

*Please note that policy descriptions are accurate as of August 2005. Recent changes to the policies as a result of the reauthorization process may not be reflected.

Proposed policy
To increase undergraduate annual loan limits
How the proposed policy change could affect borrowers Students may apply for larger loans annually for their undergraduate education. HR 609 only increases loan limits for student borrowers during their first two years of school; however, other proposed bills offer more dramatic increases in the limits.
How the proposed policy change could affect schools

Schools may certify eligibility for higher annual Stafford Loans.

HR 609 offers an increase in annual loan limits for subsidized undergraduate loans. The bill will increase the limit for first-year student borrowers from $2,625 to $3,500 and for second-year student borrowers from $3,500 to $4,500.

However, HR 609 will not increase the annual loan limit for third-year or above student borrowers. Also, the bill will not increase any of the aggregate loan limits for undergraduate borrowers.

Proposed policy
To increase graduate annual loan limits
How the proposed policy change could affect borrowers Students may apply for larger loans annually for their graduate education. HR 609 again offers only a slight increase in the annual loan limits; other proposed bills offer more dramatic increases in the limits.
How the proposed policy change could affect schools

Schools may certify eligibility for higher annual graduate Stafford Loans.

Graduate unsubsidized annual borrowing limits will increase from $10,000 to $12,000, and yet again the aggregate loan limit will not be increased according to HR 609.

Proposed policy
To change the way interest rates are calculated. There is a change scheduled in current HEA language that would make “new” Stafford Loans issued after July 1, 2006 carry a fixed rate instead of the current variable rate.
How the proposed policy change could affect borrowers Borrowers of new loans can continue to look for the interest rate they pay to change every July based on the rate of a Treasury bill (T-bill).
How the proposed policy change could affect schools Schools may advise students and parent borrowers that interest rates will continue to be based on a variable rate based on the T-bill rate.

HR 609 will change the HEA to keep the current variable rate formula and the current cap of 8.25 percent for Stafford Loans and 9 percent for PLUS Loans.
Proposed policy
To decrease the amount of origination fees paid on new Stafford Loans
How the proposed policy change could affect borrowers Stafford Loan borrowers will pay less of a fee for their student loan.
How the proposed policy change could affect schools

Schools may expect slightly higher disbursement amounts.

HR 609 would lower the origination fee gradually for both Federal Family Education Loan Program (FFELP) and Federal Direct Loan Program (FDLP) Stafford Loans, with the fee eventually being set at 0 percent for FFELP Stafford Loans and 1 percent for Direct Stafford Loans disbursed after July 1, 2010.

Proposed policy
To make it mandatory for guarantee agencies to collect the 1 percent guarantee fee
How the proposed policy change could affect borrowers All borrowers would pay the same fees, regardless of which loan program they borrow from or the guarantor of their loan.
How the proposed policy change could affect schools Schools will not be able to shop guarantors to find the agency with the lowest fee offering for their borrowers.

This provision will ensure that the overall fees charged for FFELP and FDLP Stafford loans are set at 1 percent for all Stafford Loans disbursed after July 1, 2010. FFELP Stafford Loans will have the 1 percent guarantee fee and no origination fee, while Direct Stafford Loans will only have a 1 percent origination fee and no guarantee fee.
Proposed policy
To modify the repayment plans
How the proposed policy change could affect borrowers Borrowers may choose different repayment plans that could make repayment easier based upon the borrower’s ability to repay their loans.

HR 609 will change the current graduated repayment plan offered to FFELP borrowers by eliminating the three times rule, which mandates that any one installment of a loan payment on the graduated plan cannot be more than three time the amount of any other installment. The bill will also create a delayed repayment plan for FFELP borrowers where the borrower is only required to make interest payments, up to $600 annually, for the first two years before their loan goes into either the standard, graduated or income-sensitive repayment plan. Finally, the repayment plans in the FDLP will be aligned with the repayment plans in FFELP. The aligning of the repayment plans may eliminate or change the income-contingent repayment plan for FDLP loans.

How the proposed policy change could affect schools School may advise students and parent borrowers about the different repayment options available to them.
Proposed policy
To change the forgiveness programs
How the proposed policy change could affect borrowers Borrowers may qualify for more loan forgiveness when they complete certain types of public or military service.
How the proposed policy change could affect schools Schools may advise students about different loan forgiveness programs and the amount of forgiveness that could be earned.
Proposed policy
To change the interest rate structure for new Consolidation Loans
How the proposed policy change could affect borrowers Borrowers will have a choice for the type of interest rate they will be charged on a Consolidation Loan, either fixed or variable. The new variable rate formula will be the T-bill rate, plus 2.3 percent, which is the same formula used when calculating the interest rate for Stafford Loans in repayment. The new fixed rate formula will be the most recent T-bill rate plus 3.3 percent.

Choosing the fixed rate will also carry with it an offset fee that a lender may charge of up to 0.5 percent of the total loan amount.

How the proposed policy change could affect schools Schools may advise their students about the pros and cons of consolidating loans.