NASFAA National Conference

Washington State Convention & Trade Center

Seattle, Washington
July 5 - 8, 2006
 Federal Student Loans:
Program Update

Federal Family Education Loan Program

William D. Ford Federal Direct Loan Program

Dan Madzelan
U.S. Department of Education
 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
 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
Soon-to-be-Recent Legislation (?)
• College Access and Opportunity Act of 2005 —
H.R. 609, Passed by House on March 30, 2004

• Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations
Act, 2007 — H.R. 5647, Reported by House
Appropriations Committee on June 20, 2006
 Disclaimer
The Department has not yet issued regulations to
implement the provisions of the Higher Education
Reconciliation Act of 2005. Program participants,
including institutions, lenders, and guarantee
agencies, should implement the provisions of the
Act in accordance with subregulatory guidance
provided by the Department in Dear Colleague
Letters and other materials until the regulations
are published and effective. In general, the
regulations will be effective 30 days after they are
published in the Federal Register.
 Regulatory Outlook
• Academic Competitiveness and SMART Grants
– Interim Final with Public Comment — July 3, 2006
– Revised Rule for Second Year — November 1, 2006
– Negotiated Rulemaking for Third Year — Nov. 1, 2007

• Student Loans, Eligibility, General Provisions

– Interim Final with Public Comment — July 2006
– Revised Regulations — November 1, 2006
– Negotiated Rulemaking — Undecided
 Students and Borrowers
• Fixed-rate Interest Rates
• Increased Loan Limits
• Grad/PLUS Loans
• Teacher Loan Forgiveness — $17,500
• Military Deferment
• Foreign Study
• Repayment Plans
 Students and Borrowers
• College Access Initiative
• Loan Discharge for Crime of Identity Theft
• Consolidation
– Single Holder Rule
– “In School”
– Joint Consolidation Eliminated
– Defaulted Loans
• Loan Rehabilitation
• Fraud Convictions
 Institutions
• Reinstated Low Cohort Default Rate Waivers
– 30­day Delayed Disbursement
– Multiple Disbursements
• School-as-Lender
– New Eligibility Limits
– Required Borrower Benefits
– Use of Proceeds
– Supplement not Supplant Grant Aid
 Financial Partners
• Negative SAP/Floor Income
• Reduced Insurance
• Tax-exempt Financing (9½% Loans)
• Mandatory Default Fee (1%)
• Phase Out Origination Fees
• PLUS “SAP Gap”
• Exempt Claims
• Exceptional Performer
 Regulatory Issues: Loans
• Loan Discharge for Crime of Identity Theft
• Loan Rehabilitation Issues
• Estimated Financial Assistance
• School-as-Lender Definition of Proceeds
• Fraud Conviction vs. False Certification
• Excess Consolidation of Defaults Penalty
 More Information
“Dear Colleague” Letters
• GEN-06-03 (March 10) – HERA Summary for Loans
• FP-06-05 (April 24) – FFEL Grad/PLUS Guidance
• FP-06-04 (April 25) – Reporting Changes for Lenders
• FP-06-07 (May 11) – Guaranty Agency Financial Report
• ANN-06-05 (May 30) – HERA Training Opportunities
• FP-06-04 (June 2) – FFEL-PLUS SAP Payments
• GEN-06-11 (June 20) – Foreign Schools and FFEL
• GEN-06-02 (June 23) – Consolidations/Single Holder Rule
 Forms
• FP-06-05 (April 24) – FFEL Promissory Note
Addenda and Plain Language Disclosures
• Electronic Announcement (May 19) – Direct Loan
P-Note Addenda and Plain Language Disclosures
• Pending:
– Teacher Loan Forgiveness
– Stafford and PLUS Master Promissory Notes
– Consolidation Loan Application/Promissory Note
– Military Deferment
– Identity Theft Discharge
Questions?
Thank You !

Dan.Madzelan@ed.gov
(202) 502-7816