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Session 20. FFEL and Direct Loan Policy Update Pamela Moran Office of Postsecondary Education. Agenda. Higher Education Reconciliation Act of 2005 Other Legislation Policy Guidance HEA Reauthorization. Recent Legislation. Higher Education Reconciliation Act of 2005 —

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Presentation Transcript
Session 20

Session 20

FFEL and Direct Loan Policy Update

Pamela Moran

Office of Postsecondary Education


Agenda
Agenda

  • Higher Education Reconciliation Act of 2005

  • Other Legislation

  • Policy Guidance

  • HEA Reauthorization


Recent legislation
Recent Legislation

  • Higher Education Reconciliation Act of 2005 —

    P.L. 109-171, February 8, 2006 (HERA)

  • Emergency Supplemental Appropriations Act for

    Defense, the Global War on Terror, and Hurricane

    Recovery, 2006 —P.L. 109-234, June 15, 2006

  • Higher Education Act Extension P.L. 109-292 –

    through June 30, 2007


Not so recent legislation
Not-So-Recent Legislation

  • Student Loan Interest Rates —

    P.L. 107-139, February 8, 2002

  • Taxpayer-Teacher Protection Act of 2004 —

    P.L. 108-409, October 30, 2004

  • Higher Education Relief opportunities for students

    (HEROES) P.L. 109-78 – extended through September 30, 2007


Regulatory outlook
Regulatory Outlook

  • Academic Competitiveness and SMART Grants

    • Interim Final with Public Comment - July 3, 2006

    • Effective Date – August 2, 2006

    • Deadline for Public Comment – August 17, 2006


Regulatory outlook1
Regulatory Outlook

  • Academic Competitiveness and SMART Grants

    • Revised Rule for Year Two - November 1, 2006

    • Negotiated Rulemaking for Year Three –

      Nov. 1, 2007


Regulatory outlook2
Regulatory Outlook

  • Student Loans, Eligibility, General Provisions

    • Interim Final with Public Comment —

      August 9, 2006

    • Effective Date – September 8, 2006

    • Deadline for Public Comment –

      September 8, 2006


Regulatory outlook3
Regulatory Outlook

  • Student Loans, Eligibility, General Provisions

    • Revised Regulations — November 1, 2006

    • Negotiated Rulemaking if Issues Identified –

      November 1, 2007


Regulatory outlook4
Regulatory Outlook

  • Notice of Negotiated Rulemaking –

    August 18, 2006

    • Comments Due: November 9, 2006

  • Four Regional Hearings


  • Regulatory outlook5
    Regulatory Outlook

    • Up to four negotiating committees

      • Deadline for negotiator

        nominations: November 9, 2006

  • Negotiating Sessions – December 2006 – March 2007


  • Higher education reconciliation act of 2005 ffel direct loans perkins loans
    Higher Education Reconciliation Act of 2005 FFEL, Direct Loans, & Perkins Loans

    • Active Duty Military Deferment

      • Beginning July 1, 2006, up to three years military deferment on loans first disbursed on or after July 1, 2001

      • Active duty service during war or other military operation or during national emergency (including qualifying National Guard)


    Higher education reconciliation act of 2005 ffel direct loans perkins loans1
    Higher Education Reconciliation Act of 2005 FFEL, Direct Loans, & Perkins Loans

    • Active Duty Military Deferment

      • Military operation defined as “contingency operation”

        Current Examples: Operation Enduring Freedom

        (Afghanistan) and Operation Iraqi Freedom (Iraq)

      • Consolidation Loan made on/after July 1, 2001 eligible if all underlying Title IV loans eligible


    Higher education reconciliation act of 2005 ffel direct loans perkins loans2
    Higher Education Reconciliation Act of 2005 FFEL, Direct Loans, & Perkins Loans

    • Active Duty Military Deferment

      • Eligibility documentation includes military orders or commanding officer’s written statement


    Higher education reconciliation act of 2005 ffel direct loans perkins loans3
    Higher Education Reconciliation Act of 2005 FFEL, Direct Loans, & Perkins Loans

    • Active Duty Military Deferment

      • Statute includes definitions of terms

      • No refund of payments made


    Higher education reconciliation act of 2005 ffel and direct loans
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Increased annual undergraduate loan limits

      • First year students from $2,625 to $3,500

      • Second year students from $3,500 to $4,500

    • Increased graduate annual unsubsidized loan limit from $10,000 to $12,000.

      (Effective: Loans First Disbursed on/after 7/1/07)


    Higher education reconciliation act of 2005 ffel and direct loans1
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Increased annual unsubsidized preparatory limits

      • Pre-Grad/Prof and Teacher Cert. $7,000 (formerly $5000)

      • No change to aggregate loan limits

        (Effective: Loans First Disbursed on/after 7/1/07)


    Higher education reconciliation act of 2005 ffel and direct loans2
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Interest Rates

      • FFEL PLUS Loans first disbursed on/after July 1, 2006

        • fixed interest rate of 8.5 percent

      • Direct PLUS Loans

        • fixed rate of 7.9 percent

      • Stafford Loans first disbursed on/after 7/1/06

        • fixed at 6.8 percent

      • Consolidation Loans – No change


    Higher education reconciliation act of 2005 ffel and direct loans3
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Origination Fees - FFEL

      • 1st disbursement on or after:

      • July 1, 2006 – 2%

      • July 1, 2007 – 1.5%

      • July 1, 2008 – 1%

      • July 1, 2009 - .5%

      • July 1, 2010 – no fee * (*1% FDF remains)


    Higher education reconciliation act of 2005 ffel and direct loans4
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Federal Default Fee (Formerly Insurance Premium or Guarantee Fee)

      • Requires Collection of 1% for loans guaranteed on/after July 1, 2006

      • Requires deposit of fee into GA Federal Fund

      • GA may collect from borrower or pay from non-Federal sources


    Higher education reconciliation act of 2005 ffel and direct loans5
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Origination Fees – Direct Loan

      • 1st disbursement on or after:

      • July 1, 2006 – 3%

      • July 1, 2007 – 2.5%

      • July 1, 2008 – 2 %

      • July 1, 2009 - 1.5%

      • July 1, 2010 – 1%


    Higher education reconciliation act of 2005 ffel and direct loans6
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • PLUS Eligibility for Graduate/Professional Students

      • Same eligibility criteria as Parent PLUS including credit checks and endorsers

      • No in-school status or grace period but eligible for in-school deferment

        (Effective: Loans certified/originated on/after 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans7
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • PLUS Eligibility for Graduate Professional Students

      • FAFSA Required

      • Stafford eligibility determination required

      • Stafford application not required

        (Effective: Loans certified on/after 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans8
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • PLUS Eligibility for Graduate Professional Students

      • No direct disbursement to student

      • Initial and Exit counseling strongly recommended

        (Effective: Loans certified on/after 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans9
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Extends Teacher Loan Forgiveness from Teacher-Taxpayer Act

      • Makes permanent increased loan forgiveness of $17,500 for “highly qualified” math, science, and special education teachers at qualified low-income schools

      • Provides eligibility to private school teachers by defining “highly qualified” for them

        (Effective on date of enactment, retroactive to October 1, 2005)


    Higher education reconciliation act of 2005 ffel and direct loans10
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Disbursement Rule Changes

      • Loan disbursement on/after 2/8/06 for school with CDR less than 10%

        • No multiple disbursement for single term or four-month loans

        • No 30-day delayed delivery


    Higher education reconciliation act of 2005 ffel and direct loans11
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Disbursement Rule Changes

      • Loan disbursement for withdrawals on/after July 1, 2006

        • School must confirm “need for/ acceptance of / need to repay” before crediting or directly disbursing

        • Document confirmation

        • No response to notice = no crediting or disbursing


    Higher education reconciliation act of 2005 ffel and direct loans12
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Disbursement Rule Changes

      • Foreign Schools (FFEL only)

        • Foreign school must request direct disbursement to student; otherwise goes to school

        • Lender or GA must verify student’s enrollment

        • No direct disbursement of Parent or Graduate/Professional PLUS Loans

          For Loans First Disbursed on/after 7/1/06


    Higher education reconciliation act of 2005 ffel and direct loans13
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Disbursement Rule Changes

      • Study–Abroad Programs through Home Institution (FFEL only)

        • Student may request Direct Disbursement by lender

        • Not subject to school request or approval

        • Lender or GA must verify student’s enrollment

        • No direct disbursement of Parent PLUS or Graduate/Professional PLUS Loans

          For Loans First Disbursed on/after 7/1/06


    Higher education reconciliation act of 2005 ffel and direct loans14
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Standardized Repayment Plans on FFEL Model

      • Direct Loan standard, graduated, and extended repayment plans comparable to FFEL Program

        • Exception: ICR Repayment

          (Effective 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans15
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Consolidation Loans

      • Generally no reconsolidation of Consolidation Loan

      • FFEL- only borrower to Direct Loan only if FFEL application denied - SUPERSEDED

      • No In-School Consolidations in Direct Loan or “Early Conversion to Repayment” Consolidations in FFEL

      • No Joint Spousal Consolidations

        (Effective 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans16
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • False Certification Discharge

      • Based on borrower being victim of CRIME of identity theft

      • Application in FFEL to lender or guaranty agency and in DL to Direct Loan Servicer or Debt Collection Services

      • Copy of local, State, or Federal court verdict or judgment required

        (Effective 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans17
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Rehabilitation of Defaulted Loans

      • Number of on-time payments reduced from 12 to 9

      • “On-time” now within 20 days of due date

      • Completed within 10 consecutive months

        (Effective: New rehab agreements on/after 7/1/06)


    Higher education reconciliation act of 2005 ffel and direct loans18
    Higher Education Reconciliation Act of 2005 FFEL and Direct Loans

    • Rehabilitation of Defaulted Loans

      • Missed or ineligible payment allowed

      • GA OPTION – New standard “OK” on prior agreements if at least one scheduled payment of 9 after 7/1/06

        (Effective: New rehab agreements on/after 7/1/06)


    Higher education reconciliation act of 2005
    Higher Education Reconciliation Act of 2005 Loans

    Published Guidance: See.WWW.IFAP.ed.gov special link to HERA information

    “Dear Colleague” Letters and Announcements

    • GEN-06-03 (March 10) – HERA Summary for Loans

    • FP-06-05 (April 25) – FFEL Grad/PLUS Guidance

    • ANN – (June 23) – DL GRAD/PLUS Guidance

    • ANN – (May 30) – HERA Training Opportunities

    • GEN-06-10 (June 20) – HERA Implementing Provisions

    • GEN-06-11 (June 21) – Foreign Schools and FFEL

    • NSLDS – HERA updates (April 24, July 7, July 10)


    Higher education reconciliation act of 20051
    Higher Education Reconciliation Act of 2005 Loans

    Forms:

    • FP-06-05 (April 24) – FFEL Promissory Note Addenda and Plain Language Disclosures

    • FP-06-08 (May 23) FFEL Stafford and PLUS MPNs

    • FP-06-12 (July 3) – FFEL Consolidation Application Addendum

    • GEN-06-13 (July 3) – Teacher Loan Forgiveness


    Higher education reconciliation act of 20052
    Higher Education Reconciliation Act of 2005 Loans

    Forms:

    • Pending:

      • Revised Stafford and PLUS MPN

      • Revised Consolidation Loan App/P-Note

      • Military Deferment

      • Identity Theft Discharge


    Emergency supplemental appropriations act 2006
    Emergency Supplemental Appropriations LoansAct (2006)

    • DCL – GEN-06-12, June 23, 2006

    • Repealed “Single Holder Rule” in FFEL Consolidation Program

      • Effective for applications received on or after June 15, 2006


    Emergency supplemental appropriations act 20061
    Emergency Supplemental Appropriations Act (2006) Loans

    • Repealed HERA July 1, 2006 changes limiting FFEL Stafford or PLUS borrower access to Direct Loan Consolidation

      • denial of application no longer required

      • income-sensitive repayment that meets the borrower’s needs reinstated as condition


    Emergency supplemental appropriations act 20062
    Emergency Supplemental Appropriations LoansAct (2006)

    • Impact

      • All eligible loans of equal status

      • FFEL loan not required in FFEL Consolidation

      • Single eligible loan can be consolidated


    Hea extension p l 109 292
    HEA Extension – P.L. 109-292 Loans

    • Limitation on School and School-Affiliated Organizations use of Eligible Lender Trustees (ELT) in FFEL Program

    • Loan Discharge for 9/11 spouses and parents

      • Spouse of eligible public servant

      • Parent of eligible victim

      • Includes portion of Consolidation Loan


    Hea reauthorization
    HEA Reauthorization Loans

    H.R 609 - College Access and Opportunity

    Act of 2006 - passed by House

    March 30, 2006

    Senate - ?


    Technical slide
    Technical Slide Loans

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