U.S. dollar bills

U.S. dollar bills (ROMEO RANOCO / REUTERS / September 19, 2013)

[UPDATE: The Warren- and Durbin-backed bill to refinance student loans at lower rates has failed to pass the Senate.]

The student loan fight has found a battleground state: Illinois.

U.S. Sen. Dick Durbin (D-Ill.) has made student debt one of his pet issues. Durbin is sponsoring or co-sponsoring several bills in various stages of the legislative process that he says will unburden current borrowers and protect new ones.

At the same time, state Attorney General Lisa Madigan's office is leading a multistate investigation of mammoth loan servicer Sallie Mae in response to complaints that the lender's practices are misleading and opaque.

"We want to make sure we just don't have a generation of students who end up as debt slaves for the rest of their lives," Madigan said. "The whole goal of education is to give people opportunity."

Borrowers nationwide have more than $1.2 trillion in outstanding student loans, and defaults have been on the rise. In the final three months of 2013, 11.5 percent of student loans were at least 90 days late, according to the Federal Reserve of New York. In Illinois, the three-year default rate was 14.1 percent, while the nationwide rate is a little worse at 14.7 percent, according to Department of Education numbers.

The Senate is expected to consider a bill this week from Sen. Elizabeth Warren (D-Mass.) that would let borrowers refinance existing student loans at lower interest rates. Durbin is a co-sponsor and outspoken advocate for the bill, which also has the support of the White House. The bill would affect 1.7 million Illinois residents, according to Durbin's office.

"The refinancing is the only way for some of these students to get out from under," said Durbin, who has been touring area colleges to promote student loan reform.

In a statement, Senate Minority Leader Mitch McConnell (R-Ky.) said the bill does not address major issues in higher education.

"This bill doesn't make college more affordable, reduce the amount of money students will have to borrow, or do anything about the lack of jobs grads face in the Obama economy," he said in the statement.

The state attorney general's office has heard an increasing number of complaints about Sallie Mae's loan servicing, according to Madigan, including allegations of aggressive collection practices and confusing or obscure information. Her office declined to elaborate on specific actions that could be taken as a result of the probe or comment on a possible timeline.

Madigan said she was supportive of Durbin's and Warren's efforts regarding student loan legislation.

"We've got a good group of people in this country doing everything they can to try to make education affordable, and I'm so glad a group of them are from Illinois," she said.



Dick Durbin recently has sponsored or co-sponsored several pieces of pending legislation regarding the student loan industry—some of which have little chance of becoming law. Here are a few, along with their chances of passing as calculated by govtrack.us


Name: Bank On Students Emergency Loan Refinancing Act

Status: Through committee; may be voted on in Senate this week

Chance of becoming law: 20 percent

What would it do? Allow borrowers to refinance their student debt at rates equal to those of loans issued between July 2013 and June 2014—that's 3.86 percent for undergraduate loans and slightly higher for graduate and PLUS loans. The bill would help 1.7 million Illinois residents, according to Durbin's office. To offset the money the government would lose due to the reduced interest payments, taxes would be raised on those making more than $1 million a year. That provision is deeply unpopular among Republicans, who are likely to stop the bill in its tracks.


Name: Responsible Student Loan Solutions Act

Status: Referred to committee

Chance of becoming law: 0 percent

What would it do? Limit the amount of debt students could take on in Direct Stafford loans; peg the interest rate of student loans to the bond equivalent rate of 91-day Treasury bills plus a certain percentage; cap the interest rate for certain federal loans; allow borrowers to refinance certain loans


Name: Student Loan Borrower Bill of Rights

Status: Referred to committee

Chance of becoming law: 0 percent

What would it do? Require private student loan lenders to disclose certain information to borrowers in a timely fashion; protect borrowers from late fees if payments are late due to a servicer's change of address or change in processing procedures


Name: Fairness for Struggling Students Act of 2013

Status: Referred to committee

Chance of becoming law: 1 percent

What would it do? Allow certain student loans to be discharged in bankruptcy.