Sec. 201. Interest Rate Reductions
The bill gradually cuts interest rates on subsidized Stafford loans for undergraduate students in half according to the following schedule:
- 6.8 percent for loans first disbursed July 1, 2006 to July 1, 2008
- 6 percent for loans first disbursed July 1, 2008 to July 1, 2009
- 5.6 percent for loans first disbursed July 1, 2009 to July 1, 2010
- 4.5 percent for loans first disbursed July 1, 2010 to July 1, 2011
- 3.4 percent for loans first disbursed July 1, 2011 to July 1, 2012
Sec. 202. Student Loan Deferment for Certain Armed Forces Members
This section eliminates a three-year limitation on loan deferment for certain members of the armed forces. It allows deferments until 180 days after the borrowers are demobilized. It also allows borrowers in the military to receive the benefit regardless of when the loan was originated. Eligibility for this deferment remains limited to members serving on active duty or performing qualified National Guard duty during war and a national emergency.
Sec. 203 Income-Based Repayment
Generally, the provisions in this section become effective July 1, 2009.
Loan payments will be limited to 15 percent of a borrower's discretionary income or 15 percent of the amount that a borrower's (and spouse's if applicable) adjusted gross income exceeds 150 percent of the poverty line, divided by 12. Unpaid interest and principal are capitalized and any outstanding loan balance is forgiven after 25 years of repayment.
PLUS Loans made on behalf of a dependent student and Direct Consolidation Loans that contain PLUS loans are not eligible for the income-based repayment program.
Holders of these loans must apply the borrower's payments first to interest, second to fees, and then toward the principal of the loan.
Any interest due and not covered by the borrower shall be paid by the Secretary for up to three years except for periods that a borrower is in deferment due to economic hardship.
The lender shall also capitalize the interest due when the borrower stops participating in the income-based repayment program, or begins making payments larger than what is specified under income-based repayment.
Principal due and not paid under income-base repayment shall be deferred.
Borrowers may remain in income-based repayment more than 10 years.
When borrowers leave the program the maximum payment required on the loan shall not exceed the monthly amount based on a 10-year repayment period when the borrower first joined income-based repayment. The time the borrower is permitted to repay the loan may exceed 10 years.
The Department must repay or cancel any outstanding loan principal and interest for borrowers after 25 years of repayment.
Borrowers currently repaying loans according to income-contingent repayment or income-sensitive repayment plans will have the choice to continue in their current plans or may participate in the program created by this bill.
The Department must establish procedures to annually determine borrowers' eligibility for the program, including verification of a borrower's income and the amount of their loans.
NASFAA has created a more in depth analysis of this provision.
The Association of American Medical Colleges has created a more in depth analysis of this provision.
Sec. 204. Deferral of Loan Repayment Following Active Duty
Active duty National Guard or other reserve component of the armed forces and retired members of the armed forces who are called to active duty while enrolled at an institution will be eligible for a deferment during the 13 months after they complete their service. Their deferment expires if they enroll in school again.
NASFAA has created a more in depth analysis of this provision.
Title III - REDUCTIONS TO LENDERS IN THE FFEL PROGRAM
The proposed legislation would introduce several cuts to lenders and guarantors. The agreed upon legislation would:
- Eliminate the "Exceptional Performer" status that allows lenders that meet certain requirements established by the Secretary of Education to receive higher insurance rates on defaulted loans
- Reduce the insurance paid by the federal government to lenders on defaulted loans from 98 percent to 97 percent of unpaid principal balances through October 1, 2012 at which point the insurance will be reduced to 95 percent
- Reduce the amount that guarantors may keep through collections on defaulted loans from 23 percent to 16 percent
- Reduce the special allowance payments (SAP) from the Department to lenders based on their tax status. For-profit lenders would receive a 55 basis point SAP reduction and non-for-profit lenders would receive a 40 basis point SAP reduction. To ensure that only nonprofit lenders benefit from the increased subsidization, nonprofit lenders that are owned in-whole or in-part by a for-profit entity would not be eligible for the reduced subsidy reductions. Nonprofit lenders that are purchased by for-profit entities would also lose their higher subsidization rates on the date of the sale.
- Increase the loan fee paid to the Department by lenders - that cannot be passed on to borrowers - from 0.5 percent to 1 percent of the principal amount of each newly originated loan made on or after October 1, 2007
- Decrease the account maintenance fees paid by the Department to guarantors from .10 percent to .06 percent on newly originated loans
The definition of economic hardship is also changed under from 100 percent of the poverty line for a family of 2 to 150 percent of the poverty line applicable to the family size.
Title IV - LOAN FORGIVENESS
The proposed legislation would allow the Secretary of Education to cancel the balance of any interest and principal due on any Federal Direct Loan - including Direct Stafford, PLUS, or Consolidation Loan - that is not in default for borrowers who:
- Have made 120 monthly payments on a Direct Loan after October 1, 2007 as part of an income contingent repayment plan or a standard repayment plan based on a 10-year repayment schedule
- Are employed in a "public service job" and has been employed in a public service job during the 120 payment period.
A public service job is defined as a full-time job in emergency management, government, military service, public safety, law enforcement, public health, public education, social work, public interest law services, child care, public library sciences, or any other job at an organization that is described in section 501(C)(3) of the Internal Revenue Code of 1986.
NASFAA has created a more in depth analysis of this provision.
Title V - FEDERAL PERKINS LOANS
The date on which institutions must return late collections on Perkins loans due to the Secretary would increase from March 31, 2012 to Sept. 30, 2012.
Title VI - NEED ANALYSIS
Income Protection Allowances: The proposed legislation would provide systematic increases in the income protection allowances for dependent students, independent students, married students where either or both spouses are enrolled in college, and for students with dependents other than spouses through the 2012-13 academic year. After the 2012-13 academic year, the Secretary would be required to update the dollar amounts of the income protection allowances by a percentage equal to the Consumer Price Index. Revised tables with updated amounts would be released by the Secretary of Education in the Federal Register for each academic year.
Simplified Needs Test: The proposed legislation would increase the family income level needed to qualify for an automatic zero from $20,000 to $30,000 and would require the Secretary to increase that amount according to the increases in the Consumer Price Index.
Increased Discretion Given To Financial Aid Administrators: Financial aid administrators would be given additional discretion on July 1, 2009 in calculating the EFC of families where at least one member of the family is a "dislocated worker," i.e., a person who has lost their job and is eligible for federal benefits. FAAs are also given more discretion in calculating the EFC of independent students that suffer a loss of employment or have become homeless.
NASFAA has created a more in depth analysis of this provision.
NASFAA has created a more in depth analysis of the increased discretion given to financial aid administrators in this provision.
NASFAA has created a more in depth analysis of the dependency status definition changes in this provision.
Title VII - COMPETITIVE LOAN AUCTION PROGRAM
The proposed legislation would require the Secretary of Education to implement a student loan auction program for parent PLUS loans in the FFEL program to begin on July 1, 2009.
Prior to its July 1, 2009 implementation date, the Secretary would hold an auction in each state where lenders would bid on the minimum amount of subsidization they would accept to have exclusive rights to originate parent PLUS loans in that state. The two lowest bidders would be given exclusive rights to originate those loans for two years for all students at institutions within that state until the students graduate from or leave that institution. An auction would be held every two years.
Lenders that want to make a bid would need to meet minimum requirements in a prequalification process established by the Secretary that contains a set of borrower benefits and servicing requirements and an assessment of the lender's capital capacity to effectively participate.
If no winning bids are made, the Secretary shall designate a lender of last resort in each state. Lenders that want the lender of last resort designation would be required to submit an application to the Secretary.
Students who want to consolidate loans made under the auction process would be required to notify their originating lender first to give that lender the opportunity to meet the terms and conditions of another loan provider offering a consolidation loan.
Title VIII - PARTNERSHIP GRANTS
Sec. 801 College Access Challenge Grants
The legislation would establish "College Access Challenge Grants" that would provide a two to one matching grant to be spent on efforts to increase college access and success among underserved student populations.
If states fail to raise their share the Department will reduce the federal award proportionally.
$66 million is authorized to be appropriated for FY 2008 and another $66 million for FY 2009.
Generally grant recipients must use the funds to:
- provide information about the benefits of a college education, college opportunities, college planning, and career planning
- inform students and families about financing options for college, financial literacy, and debt management
- perform outreach activities for students at risk of not continuing their education
- assist families in completing the FAFSA
- provide need-based grants to students
- provide professional development for guidance counselors at middle and high schools and financial aid administrators and college admissions counselors at colleges to help them give students better guidance on:
- entrance requirements for college admission
- eligibility requirements for ACG/SMART Grants and other financial assistance that depends on a student's coursework
- the college application process
- the financial aid application process
- activities that increase students' success at colleges
- activities that prepare students for college entrance exams
- student loan forgiveness, loan repayment, or interest rate reductions for those working in high-need areas
The funds provide in this section may not be used to promote any lender's loans.
Sec. 802. Investment in HBCUs and Minority Serving Institutions
This section provides $510 million from FY 2008 to FY 2009 for HBCUs and minority serving institutions to be distributed in the following manner:
- $10 million for Native American Serving, Nontribal Institutions for lab equipment, instruction funding, purchasing equipment, and creating academic tutoring programs
- $200 million to Hispanic-Serving Institutions to be distributed through a competitive process for institutional efforts to increase the number of low-income students working to earn degrees in STEM fields. The funds can also be used for applications that develop model transfer articulation agreements.
- $170 million for HBCUs to purchase lab equipment, pay for instruction, and establish or enhance teacher education programs. The funds may also be used to increase the institution's capacity to prepare students for careers in the STEM fields and other specified areas.
- $30 million for Predominantly Black Institutions to award 50 grants of $600,000 for science, technology, engineering, health education, teacher education, or programs that improve the education performance of African American males.
- $60 million for Tribal Colleges and Universities for lab equipment, instruction funding, purchasing equipment, and establishing or enhancing teacher education and outreach programs
- $30 million for Alaskan/Hawaiian Native Institutions for lab equipment, instruction funding, purchasing equipment, and creating academic tutoring programs
- $10 million to Asian American and Pacific Islander Institutions for lab equipment, instruction funding, purchasing equipment, and creating academic tutoring programs
Haley Chitty and Justin Draeger
NASFAA Assistant Directors for Communications
Posted 09/07/07 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web Site questions or comments to Web@NASFAA.org.