Ensuring Continued Access to Student Loans Act of 2008
Latest action · May 7, 2008 Became Public Law No: 110-227.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 8, 2008
- Passed HouseApr 17, 2008
- Passed SenateApr 30, 2008
- To the PresidentMay 6, 2008
- Became lawMay 7, 2008Public Law 110-227
Summary
(This measure has not been amended since it was passed by the Senate on April 30, 2008. The summary of that version is repeated here.)
Ensuring Continued Access to Student Loans Act of 2008 - (Sec. 2) Amends the Higher Education Act of 1965 to increase, by $2,000, the maximum annual unsubsidized Stafford loan amounts that may be provided to undergraduate students under the Federal Family Education Loan (FFEL) program. Sets the aggregate limit on such loans at $31,000 for dependent undergraduates and $57,500 for independent undergraduates.
(Sec. 3) Gives parent borrowers of PLUS FFELs the option to defer loan principal repayment for up to six months after the students for whom such loans are borrowed cease to carry at least one-half the normal full-time academic workload.
(Sec. 4) Authorizes lenders to determine that borrowers of PLUS FFELs who, between January 1, 2007, and December 31, 2009, are no more than 180 days delinquent on their home mortgages, and no more than 89 days delinquent on the repayment of any other debt, meet a specified extenuating circumstances requirement which makes them eligible for such loans despite having an adverse credit history.
(Sec. 5) Includes parent borrowers in the FFEL lender-of-last-resort program for borrowers otherwise unable to obtain such loans.
Prohibits loans made under the FFEL lender-of-last-resort program from having more favorable terms than other FFELs of the same type.
Allows institutions of higher education (IHEs), with the Secretary of Education's approval, to participate in such program until June 30, 2009; thereby requiring guaranty agencies serving as lenders-of-last-resort to make FFELs to student and parent borrowers of such IHEs, until such date, regardless of their ability to otherwise obtain such loans.
Allows the Secretary to develop any standards regarding IHE participation in such program that the Secretary considers appropriate, including requirements that IHEs demonstrate: (1) their inability, despite due diligence, to secure eligible lenders' commitment to make loans to a significant number of their students; and (2) that a minimum number or percentage of their students have received rejections from eligible FFEL lenders.
Authorizes the Secretary to advance needed funds to guaranty agencies acting as lenders-of-last-resort in such situations.
Prohibits lenders-of-last-resort from: (1) offering certain inducements to schools, school employees, prospective borrowers, or other lenders; or (2) marketing loans under the lender-of-last-resort program.
Requires the Secretary to provide information to the public and issue reports to Congress regarding such program.
Directs the Secretary, within 90 days of this Act's enactment, to review and, if necessary, revise regulations concerning prohibited guaranty agency inducements to eligible lenders to ensure that such agencies do not engage in improper inducements made possible by this Act's expansion of their role as lenders-of-last-resort. Requires the Secretary to report to Congress.
(Sec. 6) Authorizes and appropriates sums necessary for advances to guaranty agencies acting as lenders-of-last-resort.
(Sec. 7) Gives the Secretary the authority, until July 2009, to purchase, or enter into forward commitments to purchase, FFELs from lenders upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans. Prohibits such loan purchases from resulting in any net cost to the federal government.
Requires, the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, before any loan purchase is made, to publish a joint notice in the Federal Register that: (1) establishes the terms governing such purchase; and (2) outlines the methodology and factors they will consider in setting a price for such loans that is in the best interest of the country and will result in no net cost to the federal government.
Conditions the purchase of such loans on lenders agreeing to use the funds from such purchases to ensure their continued participation in the FFEL program and origination of new FFELs.
Allows the Secretary to contract with the lenders whose loans are being purchased for the servicing of such loans, provided such arrangement is in the best interest of borrowers and does not result in costs the federal government would otherwise not incur in servicing such loans.
(Sec. 8) Expresses the sense of Congress that the federal financial institutions should consider using available authorities in a timely manner, if needed, to enhance student and family access to federal student loans in a manner that results in no increased costs to taxpayers and in no way delays or limits the Secretary's authority to advance funds to lenders-of-last-resort or purchase FFELs.
(Sec. 9) Directs the Comptroller General to conduct a five-year study and report to Congress on the effect increases in FFEL loan limits under this Act and the Deficit Reduction Act of 2005 have on the cost of attending college and the use of private educational loans.
(Sec. 10) Revises the Academic Competitiveness Grant program to make noncitizen students and students enrolled or accepted for enrollment at an IHE on at least a half-time basis eligible for program grants. (Currently, only U.S. citizens and full-time students may participate.) Reduces the amount of a program grant available to a less than full-time student in the same manner in which Pell Grants are reduced.
Relaxes eligibility requirements for the Academic Competitiveness Grants available to Pell Grant-eligible first and second year students to: (1) allow recipients to participate in IHE programs that award a certificate, rather than a degree; (2) include students whose secondary education involved private or home schooling; and (3) include students whose previous IHE enrollment was part of their secondary school studies.
Revises eligibility requirements for the SMART Grants available to Pell Grant-eligible third and fourth year students pursuing majors in science, mathematics, technology, engineering, or a critical foreign language. Includes students who attend IHEs that do not allow students to declare a major, if their studies in such subjects are equivalent to those required at schools that permit students to major in such subjects. Includes also any students in the fifth year of an IHE program that requires five full years of coursework for baccalaureate degrees in such subjects. Sets the maximum SMART grant amount at $4,000 for each year of a student's eligibility.
(Sec. 11) Makes inapplicable to amendments made by this Act certain rulemaking requirements and the master calendar of actions the Secretary must take regarding student aid.
Recorded votes 4
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 239 | Suspend Rules and Agree to Senate Amendments | Passed388–21 | May 1, 2008 |
| House 204 | On Passage | Passed383–27 | Apr 17, 2008 |
| House 203 | On Agreeing to the Amendment | Agreed to413–0 | Apr 17, 2008 |
| House 200 | On Motion that the Committee Rise | Passed395–1 | Apr 16, 2008 |
Cosponsors 32
Members who signed on, in the order they did. Signatures ran from Apr 8, 2008 to Apr 10, 2008; 16 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NH | Carol Shea-Porter | Original | Apr 8, 2008 |
| D-IA | David Loebsack | Original | Apr 8, 2008 |
| D-OR | David Wu | Original | Apr 8, 2008 |
| R-CA | Howard P. "Buck" McKeon | Original | Apr 8, 2008 |
| D-PA | Jason Altmire | Original | Apr 8, 2008 |
| D-CT | Joe Courtney | Original | Apr 8, 2008 |
| D-PA | Joe Sestak | Original | Apr 8, 2008 |
| D-MD | John P. Sarbanes | Original | Apr 8, 2008 |
| D-CA | Lynn C. Woolsey | Original | Apr 8, 2008 |
| D-HI | Mazie K. Hirono | Original | Apr 8, 2008 |
| D-IL | Phil Hare | Original | Apr 8, 2008 |
| D-AZ | Raúl M. Grijalva | Original | Apr 8, 2008 |
| D-VA | Robert C. "Bobby" Scott | Original | Apr 8, 2008 |
| D-TX | Ruben Hinojosa | Original | Apr 8, 2008 |
| D-NJ | Rush Holt | Original | Apr 8, 2008 |
| D-NY | Timothy H. Bishop | Original | Apr 8, 2008 |
| D-MS | Bennie G. Thompson | Apr 10, 2008 | |
| D-NY | Carolyn McCarthy | Apr 10, 2008 | |
| D-MI | Dale E. Kildee | Apr 10, 2008 | |
| D-IL | Danny K. Davis | Apr 10, 2008 | |
| R-TN | David Davis | Apr 10, 2008 | |
| D-OH | Dennis J. Kucinich | Apr 10, 2008 | |
| D-NJ | Donald M. Payne | Apr 10, 2008 | |
| D-TX | Eddie Bernice Johnson | Apr 10, 2008 | |
| D-GA | John Lewis | Apr 10, 2008 | |
| D-MA | John W. Olver | Apr 10, 2008 | |
| D-MN | Keith Ellison | Apr 10, 2008 | |
| D-CA | Linda T. Sánchez | Apr 10, 2008 | |
| R-PR | Luis G. Fortuno | Apr 10, 2008 | |
| D-RI | Patrick J. Kennedy | Apr 10, 2008 | |
| R-FL | Ric Keller | Apr 10, 2008 | |
| D-NY | Yvette D. Clarke | Apr 10, 2008 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Apr 8, 2008Markup Apr 9, 2008Reported Apr 14, 2008 |
Actions 45
Everything that happened, newest first.
- May 7, 2008Signed by President.
- May 7, 2008Became Public Law No: 110-227.
- May 6, 2008Presented to President.
- May 1, 2008Mr. Miller, George moved that the House suspend the rules an agree to the Senate amendments. (consideration: CR H2983-2987, H2989)
- May 1, 2008DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendments to H.R. 5715.
In the Congressional Record 9
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House · Senate | Debate and remarks H2953, H2983–H2987, S3678Amendments H2983Recorded votes H2989Senate amendments | Edward M. Kennedy D-MA, George Miller D-CA, Howard P. "Buck" McKeon R-CA, Jason Altmire D-PA, Joe Courtney D-CT, Louise McIntosh Slaughter D-NY, Mark E. Souder R-IN, Ric Keller R-FL, Robert E. Andrews D-NJ, Ruben Hinojosa D-TX, Timothy H. Bishop D-NY | May 1, 2008 |
| Senate | Debate and remarks S3602, S3642–S3644Amendments S3602 | Edward M. Kennedy D-MA, Jack Reed D-RI, Michael B. Enzi R-WY, Richard J. Durbin D-IL | Apr 30, 2008 |
| Senate | Debate and remarks S3460 | Harry Reid D-NV | Apr 29, 2008 |
| Senate | Debate and remarks S3454 | Amy Klobuchar D-MN | Apr 28, 2008 |
| House | Debate and remarks H2737 | Steny H. Hoyer D-MD | Apr 24, 2008 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 4
- May 7, 2008H.R. 5715, Ensuring Continued Access to Student Loans Act of 2008<p>Cost estimate for the bill as cleared by the Congress on May 1, 2008</p>
- May 7, 2008H.R. 5715, Ensuring Continued Access to Student Loans Act of 2008Cost estimate for the bill as cleared by the Congress on May 1, 2008
- Apr 15, 2008H.R. 5715, Ensuring Continued Access to Student Loans Act of 2008<p>Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on April 9, 2008</p>
- Apr 15, 2008H.R. 5715, Ensuring Continued Access to Student Loans Act of 2008Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on April 9, 2008
Printed hearings 2
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 110-892 | FULFILLING THE PROMISE OF AN AFFORDABLE COLLEGE EDUCATION51 pages | Health, Education, Labor, and Pensions Committee | Apr 21, 2008 |
| S. Hrg. 110-977 | TURMOIL IN U.S. CREDIT MARKETS: IMPACT ON THE COST AND AVAILABILITY OF STUDENT LOANS146 pages | Banking, Housing, and Urban Affairs Committee | Apr 15, 2008 |
CRS reports 12
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 1
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| RL34452 | The Ensuring Continued Access to Student Loans Act of 2008 Archived | Report | Jan 28, 2009 |
Also cite it 11
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R46143 | The Office of Federal Student Aid as a Performance-Based Organization | Report | Dec 4, 2025 |
| R45931 | Federal Student Loans Made Through the William D. Ford Federal Direct Loan Program: Terms and Conditions for Borrowers | Report | Oct 15, 2024 |
| R47874 | Cohort Default Rates and HEA Title IV Eligibility: Background and Analysis | Report | Dec 12, 2023 |
| R46409 | Proposals to Extend CARES Act Provisions to Federal Student Loans Not Held by the Department of Education: Frequently Asked Questions Archived | Report | Jun 10, 2020 |
| R45115 | H.R. 4508, the PROSPER Act: Proposed Reauthorization of the Higher Education Act Archived | Report | Feb 22, 2018 |
Amendments 5
Amendments offered to this bill.
Related bills 4
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 1107 | Providing for consideration of the bill (H.R. 5715) to ensure continued availability of access to the Federal student loan program for students and families. | Procedurally related | Apr 16, 2008 |
| HRES 1167 | Providing for consideration of motions to suspend the rules. | Related bill | May 1, 2008 |
| S 2815 | Strengthening Student Aid for All Act | Related bill | Apr 3, 2008 |
| HR 6889 | To extend the authority of the Secretary of Education to purchase guaranteed student loans for an additional year, and for other purposes. | Related bill | Oct 7, 2008 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To ensure continued availability of access to the Federal student loan program for students and families.
- Short Titles as Reported to House
- Ensuring Continued Access to Student Loans Act of 2008
- Short Titles as Passed House
- Ensuring Continued Access to Student Loans Act of 2008
- Short Titles as Passed Senate
- Ensuring Continued Access to Student Loans Act of 2008
- Short Titles as Enacted
- Ensuring Continued Access to Student Loans Act of 2008
- Short Titles as Introduced for portions of this bill
- Ensuring Continued Access to Student Loans Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Education.
- Administrative procedure
- Business ethics
- Citizenship
- Collection of accounts
- College costs
- Commerce
- Conflict of interests
- Congress
- Congressional investigations
- Congressional reporting requirements
- Debtor and creditor
- Department of Education
- Department of the Treasury
- Economics and Public Finance
- Education
- Families
- Federally-guaranteed loans
- Finance and Financial Sector
- Foreign students
- Government Operations and Politics
- Graduate education
- Higher education
- Housing and Community Development
- Immigration
- Law
- Mortgages
- Office of Management and Budget
- Parents
- Student loan funds
Text 6
Each version as it was printed, newest first.
- May 1, 2008Enrolled Bill
- May 1, 2008Engrossed Amendment Senate
- Apr 29, 2008Placed on Calendar Senate
- Apr 17, 2008Engrossed in House
- Apr 14, 2008Reported in House
- Apr 8, 2008Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.