Higher Ed Watch - logo
 

Debunking Student Loan Industry Myths

April 1, 2009 - 5:00pm

In their fight to maintain the Federal Family Education Loan (FFEL) program, loan industry officials have made a lot of dubious claims about the dangers of direct lending. Jason Delisle, the research director of New America's Education Policy Program, took on these arguments in remarks he made yesterday at an event here on "The Future of Federal Student Loans." The commentary below is excerpted from Delisle's remarks (with a few tweaks for the sake of clarity).

Here are the lenders' arguments and Delisle's responses:

Claim: Having the government make all federal student loans directly will substantially increase the national debt.

Response: The argument that the loan industry is trying to make here is that because in the Direct Loan program the government is lending directly, it has to borrow to make the loan. So in that sense, when it issues a $2,000 loan, the federal government borrows the $2,000 from somebody else to make the loan. And in that regard, yes, the national debt is going up. But when a lender makes a loan on behalf of the government in the FFEL program, the federal government is on the hook for 97 percent of the principal of the loan. So, essentially the risks and obligations to the taxpayer of both of those loans are nearly identical. And to suggest that somehow we don't have an increase to the national debt when the bank makes a loan that taxpayers are on the hook for is totally absurd.

To take it one step further, what you could then argue is that we could eliminate all of the national debt tomorrow if we had banks issue treasury bonds for the federal government, and we just kept them on their books. The federal government is still on the hook for all of it. But it's not on our books anymore. It's gone. And that's essentially what this argument is saying -- direct loans increase the debt and the FFEL program doesn't. It just doesn't make any sense. 

It's also important to remember in this debate that, according to the Office of Management and Budget, the Congressional Budget Office, and a lot of budget experts, the Direct Loan program is cheaper and, therefore, has less of an impact on the national debt.

Claim: The FFEL program is more efficient than direct lending because it relies on private entities to make the loans.

Response: I'm receptive to this because I think generally that's the case when you involve the private market, it is more efficient. But because the student loan programs are designed in such a strange way, especially the FFEL program, the efficiency of the private market is never really brought to bear. The subsidies that are paid to lenders are set by Congress. There is no competition in the private market for those subsidies. We don't say to lenders, "Compete on the subsidy and then we'll take a low bidder and we'll find out how much efficiency is really there."

We don't do that. Congress just makes up a subsidy where we basically pick up an index and add a little bit more to it. Right now it's 1.79 percentage points. Why 1.79? I don't know. It's really just made up. It is members of Congress sitting around saying, "What do you think? 1.8? 1.9? 1.4?" And then the student loan lobbyists come in and say, "No, it's got to be 1.65, 1.62" and we settle on a number.

Now to the extent that lenders are very efficient in making loans, they still collect the same subsidy as everyone else. So all of the benefits of efficiency accrue to themselves through higher profit margins, which is not necessarily a bad thing. We want companies to be profitable. But to turn around and make the argument that this efficiency somehow benefits the federal government and taxpayers under the FFEL program is totally absurd.

And the irony of the efficiency argument of involving private lenders is that it actually might be less efficient. Think about the draw on the private sector. Lenders making loans in the FFEL program are actually carrying out a government program. So this is really government activity done by a private company. But we've enlisted literally thousands of lenders to do this. And these lenders send out thousands of people in sales forces to go out and try to market the loans, which by the way, the terms of the loans are set by the federal government already, so there's very little room to differentiate the product.

But we still have thousands of companies sending out sales forces, spending money on advertising for a government activity that private lenders have taken on. As a Republican, I immediately think, if you have that kind of complexity in a government program, imagine the oversight that you need to make sure no one is doing anything incorrectly, or doing anything improper, which we know has happened several times in this program.

And in fact, it's the complexity that makes this program kind of scandal-prone. We had the 9.5 percent bond scandal. We had the pay-for-play scandal. And who knows what other ones may be lurking out there that we haven't discovered yet because the program is so complicated.

Claim: If Congress gets rid of FFEL, students will be denied generous borrower benefits.

Response: You hear this a lot in the debate. But remember, the terms of the loan for the borrower are set in statute. The interest rate is fixed at 6.8 percent for the borrower. The length of repayment is 10 to 20 years or longer if you have a lot of debt. So all of that is set in law.

What people are talking about when they say that the lenders provide borrower benefits is that they provide a little bit more. A little big more than what's set in law. What lenders are doing is saying, "The subsidy I'm getting from the federal government is generous enough that I can pass a little bit more of that onto the student in the form of better benefits." The most common benefit a few years ago that lenders gave students was a percentage point interest rate reduction for on-time repayment.

But you don't need to preserve high subsidies for lenders in the hopes that they'll pass these benefits on to borrowers. Remember, all the terms of the loan are set in statute. So if borrower benefits are so important to members of Congress -- and you'll hear them on the Senate floor or on the House floor saying. "We need to preserve the borrower benefits" -- they can write them into law.

If they want a 5.8% interest rate for all students, they can write that into law and all students will get it. Now lenders say that when the Direct Loan program provides extra borrower benefits, it costs something, but when the guaranteed loan program provides these borrower benefits through lenders, it doesn't cost anything.

Well, it does cost something. It's the lender spending a little bit extra of the subsidy it gets from the federal government to create a more generous student loan. So the money is all coming from the same source, it's coming from the taxpayers through a subsidy.

So the Direct Loan program and the guaranteed loan program can provide the exact same terms for borrowers and the same generous level of benefits. Congress just needs to write it into law, like it does for the base set of benefits.

But I've found that most of the members of Congress who are arguing that we need to preserve high lender subsides in the hopes that maybe they'll pass that along to students aren't offering any legislation to actually write the borrower benefits into law. They'd rather pass it through a lender and hope that the lender gives it to a student, which I think is not the best way to go if you really want students to have better terms on their loans.

Claim: If you move to 100 percent Direct Lending, you will sacrifice customer service, which is far superior in the FFEL program.

Response: The argument they're making is, "The Direct Loan program is run by the federal government so it's got inferior customer service, and the guaranteed loan program is run by private lenders and it's got superior customer service."

Again, as a conservative and Republican, I'm a little bit receptive to that, because private lenders do have a little bit different incentive to provide really good customer service in that they are competing for the students' business for the loan, and they may be competing for further business for different products. So if you have your student loan from Citibank, and it's the only product you have from Citibank and you call them and they never answer the phone, when you want a mortgage or insurance, you may not go with Citibank. So there is a little bit of disciplining that goes on that may not go on with a government-run servicer.

But it's not quite so black and white, because in the Direct Loan program, the federal government contracts with private servicers, so again, they don't have the same competitive discipline that I just described in the Citibank example, but they are competing for a contract from the federal government. And in fact, some of the same private servicers run both loan programs.

But let's just assume for a minute that the FFEL community and its supporters are right--that there is much better customer service in that program than in the Direct Loan program, for both students and financial aid offices. But what's that worth? How much more should we pay for it?

Better customer service costs you more. Is it worth a $1 billion dollar more each year? $5 billion? We don't know, and no one talks about it in those terms. I think it's really important to ask that, because that's the trade-off.

I really doubt that it's worth $94 billion over 10 years [CBO's recent estimate of how much the government will save if FFEL is eliminated]. That's quite a large trade-off to be making for slightly better customer service.

Comments

Why does private = good, government = incompetent?

I just recently paid off a multi-year, mid-five-figure debt to the IRS. Any contact with the unionized public servants was courteous, efficient, knowledgeable, and within the law. Contrast this with the beggar-bounty hunter collection agencies that have "serviced" my alleged defaulted student loan debt -- lawbreaking, abusive, not knowledgeable, and interested in their profit rather than bringing my alleged debt into compliance.

Thanks to NAF for putting that $94 billion number out there. That's a lot of money over 10 years to be saved by switching over to DL. Albert Lord, SLM Corporation ("Sallie Mae"), could build himself another 300 personal golf courses with that kind of money.

Complete and utter nonsense!

My God, does Mr. Delisle believe that if he repeats himself over and over again, he will make the unbelievable believable? On increasing the federal debt--are we to understand (for instance )that if a FFEL lender was responsible for an act of gross malfeasance with respect to its obligations under the FFEL program, and that malfeasance caused the federal government to revoke the federal guarantee on the FFEL lender's loans, the federal government would somehow be liable to the FFEL lender's bondholders for any losses? Investors who supply financing to FFEL lenders have absolutely no recourse to the federal government if the FFEL lender does not meet its obligations with respect to such financing. The FFEL lender is solely responsible for paying debt service, maintaining the federal guaranty, and so on. The contract is between the FFEL lender and the investor--period!

When Direct Loan assumes responsibility for FFEL's former volume, the investor supplying the financing to the government will have direct recourse to the government for debt service, losses, and so on--the contract is between the investor and the government (unlike with FFEL today). Sorry Mr. Delisle, but your bewildering theory does not survive the rigor of the real world! (Kinda like that PLUS auction you favor!) The federal debt does increase with the elimination of FFEL, it is not the zero-sum game that you erroneously claim for the federal government. (Back to the drawing board--we're still awaiting credible justifications for no FFEL!)

Complete and utter nonsense revisited.

Mr. Bott might want to "get on board". The train is leaving the station without him. The best argument for DL is primary benefits to families. Too many of the outreach services some FFELP participants historically provided gave way to Exec. retention or other industry bonuses, corporate greed. DL will simplify the process and provide more FinAid to families. The FFELP inducement days are over. With DL families can be assured students come first.

Amtrak is now serving student loans!

What a poor choice for your metaphor my friend--the train is indeed leaving the station and the Direct-Loan train wreck is sure to follow.  I love it when Direct-Loan charlatans justify their pursuits with platitudes like it's better for families, or we must "drive the money changers from the temple of higher education."  What do such folk call it when the government is the money changer, when the government profits off the backs of students?  There's something fundamentally wrong with citizens of this country in the hock to the federal government.  I wonder how long it will be until the forgiveness programs start rolling out in earnest when we are 100% Direct Loan?  Of course, these will be used for political patronage--to favored constituencies like public-service workers--never to those who toil in the private sector as they are driven by greed alone and should not be rewarded for their efforts to better mankind.  (You might recognize this as a subtle form of government coercion.)

It's very fashionable these days to portray private-sector activities as zero-sum games.  The private sector is always out to rip you off the charlatans proclaim!  Well, that's simply not true.  FFEL lending has never been a zero-sum game; it has always been a positive-sum game.  Students get financing for their pursuit of a college degree, lenders get revenues that are distributed amongst their stakeholders.  Most of these lender stakeholders aren't building golf courses with the proceeds from student lending.  Instead, these stakeholders are putting roofs over their heads, food on the table, and sending their kids to school.  Too bad that as we tear our capitalist institutions down, and replace them with their more "benevolent" counterparts in the public sector we forget this.  We also forget that while there are bad apples in the private sector, there are just as many (if not more) bad apples in the public sector.  Imagine a Blago at the Department of Education, "I got this thing of value here...this servicing contract."  John Maynard Keynes, the toast of big-government economics wrote, "It is a mistake to think businessmen are more immoral than politicians."  You can say that again.  Who protects the consumer when the government is the business?   

Dear New America, your spin is making me dizzy.

Wow! That is some tortured logic, to pretend that "national debt" and "Dept of Ed loan guarantees" are a 1:1 relationship. Consider this; China is only going to buy a finte number of T-bills, so placing student debt privately means the gov't can conserve funds for other projects...like nationalizing the rest of the industrial sector. @JasonDelisle said "We don't say to lenders, 'Compete on the subsidy and then we'll take a low bidder and we'll find out how much efficiency is really there.'" Uh, sorry Jason, but we do, PLUS auctions start next year. You might want to Google the CCRAP legislation (pun intended) that was passed last year. Just because FDLP servicing is contracted to private companies doesn't make it the same as FFEL servicing. The Draconian regulations the fed requires make the work environments crushing. Also, bidding for FDLP servicing is a monopoly, you have to be an enormous multi-national corporate giant that hugs all the right trees. Keep spinning New America, you'll get to China eventually.

Both is better

OK - so why doesn't the government take over all the banks? Then the auto industry, etc... The government can't do it as well or as efficiently as private enterprise. FYI - 97% is less than 100% - so going all Direct definitely puts more risk onto the government - as well as the requirement that the government has to raise all the funds to lend. 3% of $80 billion is $2.4 billion - which is a lot of taxpayer money. The competition between the two programs has been great and both programs are better for it. The arguments on both sides are valid. However, both sides are going to extremes to make points while the student and financial aid officers who serve them are forgotten. Common sense says to keep both programs and find efficiencies where we can.

Debunk the debunker

The headline oversells Jason's presentation, just as direct loan advocates oversell direct lending (and understate the harm to schools, students and workers).

Jason doesn't even come close to debunking the true criticisms of the Administration's plan. Instead, he debunks strawmen.

Lenders say the Shireman plan would create a monopoly and eliminate consumer choice and competition among lenders and between programs. I have yet to hear Jason or anyone else debunk that statement.

It is the law of the land that a loan guaranty, which is a contingent liability, is reflected to the extent of the realistic expected losses. The default rate on student loans is not 100 percent.

"The government’s obligation in the future must be firm to justify including the costs for it in the budget today," former OMB director Holtz-Eakin wrote.

Finally, he grossly misundertands the differnce between the act of making loans or guaranteeing them and the process of funding these two activities. In a deficit environment, the government necessarily borrows to fund direct loans. It doesn't have to do that dollar-for- dollar with loan guaantees.

It is Jason's view that is "absurd."

One more thing

I am not aware of a single lender who has said that "If Congress gets rid of FFEL, students will be denied generous borrower benefits."

Jason, please tell us who said that.

Is he or she made of straw?

what about the 30,000 people employed thanks to FFELP?

I work for a collection agency that specializes in educational debt. We are not the bullies you see on Dateline NBC or read about in the tabloids. We are highly trained professionals who work hard to help borrowers with defaulted loans. We often help borrowers take advantage of consolidation and rehabilitation programs to resolve their defaulted loans.

Two thirds of the loans we collect in my office (that employs over 600 people) are FFELP guaranteed loans. Nationwide, the administration, servicing and yes, collecting of defaulted or delinquent FFELP loans employs nearly 30,000 people. While I support the presidents goals I have to ask, must we put 30,000 hard working Americans with families to support on the unemployment line? Based on dubious claims of increased efficiency? FFELP works, and works well. I am all for increasing Pell grants and direct lending. It does not need to come at the expense of a program that works
.

Conservative? Republican?

Saying you are such repeatedly does not make it so. Why contort around this illusion that guarantees equal direct liabilities? If the DOE published true apple to apple numbers on default you can peg the FFELP with 7 percent vs DL 5 percent. That's it. There are no sales forces blitzing schools for FFELP volume...they are looking for companionated private volume with much higher margins. You know that. Here's how the conservative rap should go, try it:
the market worked pretty darn well for 40 years and then crapped out on student loans like it did just about every other financial instrument. Borrowing cheap and loaning cheap died. Without direct federal intervention no FFELP loans would have been made last year or this. End story there. But you gotta finance those kids because the college racket is too big to fail. Nothing stops that train--loans must be made, more and more every year. The conservative asks why is the federal government on the hook at all? Stop the college corporate welfare.

Does it really matter?

While there are good and bad things about FFELP, we should consider that this is an aging system. FFELP money comes from one source the tax payers and that is why it has "federal" in its name. If loans are sold or not, the fact remains that we tax payers need to put more money to fund the education for our future work force. With our economic status, all borrowers receive the same benefits-gone are the days of searching for the lender with the best perks. Yes, the loss of employment will be great, but who hasn't lost their job that they have had for years? And, private isn't always solution if so, why don't we privatize other "federal" agencies like the post office? No the government can't do it all, but it should do things that serve the public interest even if it is inefficient (long lines at the DMV ring a bell). Perhaps a phase out of the FFELP system is needed; as well, as integration of guarantee agencies and their services and outsource collections...just a thought.

Take it from me, I have student loans and worked for a lending and consolidations company (we ceased operations due to the economy). I believe strongly that anyone who has the will should get "federal" money, but why should there be a middle man? Loss of an industry can mean birth of a new one-isn't this the land of capitalism. Plus, historically, one of the reasons FFELP was created was because the government didn't have sufficient resources to lend to a growing population, but now we do. Deficit? Haven't we always had one? Why don't we start re-investing in America because there seems to be enough money for other foreign interest.
In the end does it really matter that these private lenders close doors (mine did), specially, when FFELP means "federal" money.

Yes, it really does matter

Hi MadHatter, FFEL lenders are not lending Federal money. The Federal Government just ensures that students have a fixed rate of interest by subsidizing the difference between the market rate and the borrower's loan rate (or in times like this, when rates are low, the lenders pay the Fed the difference). The problem with going all Direct is that the government doesn't have the money to lend.

I understand your thought of "just add it to the deficit," but the Federal deficit is financed primarily by foreign entities (China mostly). So it's not really re-investing in America and as the US deficit grows it becomes more difficult to find purchasers of governemnt debt. That's why it's best to finance student debt privately, because US deficits can't grow infinitely. A couple weeks ago student loans started being re-sold to private banks, so hopefully the private equity markets are coming back on line.

FFELP

Keep in mind Banks such as Citibank and Chase has denied borrowing from many community college students. If FFELP continues on its current path many more students will be left without choices, which is one of the arguments coming from the FFELP lenders as a positive. Also, many students FFELP loans have been sold to Direct Lending in the wake of the banking crisis.

Moving to Direct Lending, which is processed in the same manner as Pell Grants, would be a more stable environment and good for consumers. Lenders are telling schools how to process loans with them creating a very complex processing environment which delays money getting to the students and make the process much less efficient. Also, some lenders have become no better than payday loan companies and prey on students and parents which has created the need for paper certifications and paper checks which add to the inefficiencies of the FFEL program.