I 

116TH CONGRESS 

1ST SESSION H. R. 4596 

To improve service to students and other participants in the Federal student 

financial assistance programs, to establish the Office of the Borrower 

Advocate to replace the Student Loan Ombudsman, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2019 

Ms. OMAR (for herself and Ms. SCANLON) introduced the following bill; which 

was referred to the Committee on Education and Labor 

A BILL 

To improve service to students and other participants in 

the Federal student financial assistance programs, to 

establish the Office of the Borrower Advocate to replace 

the Student Loan Ombudsman, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Loan Advo5 cacy Act’’. 


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1 SEC. 2. PERFORMANCE-BASED ORGANIZATION FOR DELIV2 ERY OF FEDERAL STUDENT FINANCIAL AS3 SISTANCE. 

4 (a) PBO.—Section 141 of the Higher Education Act 

5 of 1965 (20 U.S.C. 1018) is amended— 

6 (1) in subsection (a), by amending paragraph 

7 (2) to read as follows: 

8 ‘‘(2) PURPOSES.—The purposes of the PBO are 

9 as follows: 

10 ‘‘(A) To prioritize students and borrowers 

11 in the decisionmaking process of the PBO. 

12 ‘‘(B) To improve service to students and 

13 other participants in the Federal student finan14 cial assistance programs authorized under title 

15 IV. 

16 ‘‘(C) To make such programs more under17 standable to students and their parents. 

18 ‘‘(D) To increase the efficiency and effec19 tiveness of such programs for students and 

20 their parents. 

21 ‘‘(E) To manage the costs of administering 

22 such programs. 

23 ‘‘(F) To increase the accountability of the 

24 officials responsible for administering the oper25 ational aspects of such programs. 


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1 ‘‘(G) To increase oversight of institutions, 

2 contractors, and third party servicers that par3 ticipate in the Federal student financial assist4 ance programs authorized under title IV. 

5 ‘‘(H) To provide greater flexibility in the 

6 management and administration of such pro7 grams. 

8 ‘‘(I) To implement open, common, inte9 grated systems for the delivery of Federal stu10 dent financial assistance programs authorized 

11 under title IV. 

12 ‘‘(J) To develop and maintain a student fi13 nancial assistance system that contains com14 plete, accurate, and timely data to ensure pro15 gram integrity. 

16 ‘‘(K) To increase transparency in the oper17 ations and outcomes of Federal student finan18 cial assistance programs authorized under title 

19 IV.’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) by redesignating subparagraphs 

23 (B) and (C) as subparagraphs (C) and 

24 (D), respectively; and 


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1 (ii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) implement oversight and account4 ability measures to ensure that the PBO carries 

5 out its duties under this section efficiently, ef6 fectively, and in a manner that accomplishes 

7 the purposes specified in subsection (a)(2);’’; 

8 (B) in paragraph (2)(A)— 

9 (i) by redesignating clauses (ii) 

10 through (vi) as clauses (iii) through (vii); 

11 (ii) by inserting after clause (i) the 

12 following: 

13 ‘‘(ii) in accordance with paragraph 

14 (3), the collection, publication, and sharing 

15 of longitudinal data that may be used to 

16 evaluate Federal student financial assist17 ance programs authorized under title IV, 

18 including the outcomes such programs 

19 achieve;’’; and 

20 (iii) in clause (vii), as so redesignated, 

21 by inserting ‘‘, including oversight of insti22 tutions, contractors, and third party 

23 servicers that participate in such pro24 grams’’ after ‘‘title IV’’ ; 


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1 (C) by redesignating paragraphs (3) 

2 through (6) as paragraphs (4) through (7), re3 spectively; and 

4 (D) by inserting after paragraph (2) the 

5 following: 

6 ‘‘(3) COLLECTION, SHARING, AND PUBLICATION

7 OF DATA.— 

8 ‘‘(A) COLLECTION.—The PBO shall collect 

9 longitudinal data, including student-level data, 

10 that shall be used to evaluate Federal student 

11 financial assistance programs authorized under 

12 title IV. 

13 ‘‘(B) SHARING WITH NCES.—The PBO 

14 shall make the data collected under subpara15 graph (A) available to the Commissioner of the 

16 National Center for Education Statistics for 

17 purposes of research and policy analysis. 

18 ‘‘(C) SHARING WITH RESEARCHERS.—The 

19 Commissioner of the National Center for Edu20 cation Statistics shall make the data shared 

21 under subparagraph (B) available to research22 ers for vetted research and evaluation purposes. 

23 Data made available to researchers under this 

24 subparagraph shall not include any data that 

25 would reveal personally identifiable information. 


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1 ‘‘(D) PUBLICATION.— 

2 ‘‘(i) IN GENERAL.—Not less fre3 quently than once annually, and subject to 

4 clause (ii), the PBO shall make the data 

5 collected under subparagraph (A) available 

6 on a publicly accessible website of the De7 partment of Education in a format that 

8 enables members of the public to easily re9 trieve, sort, and analyze the data. 

10 ‘‘(ii) PRIVACY PROTECTIONS.—The 

11 data made available under clause (i) shall 

12 not include— 

13 ‘‘(I) student-level data; or 

14 ‘‘(II) any data that would reveal 

15 personally identifiable information 

16 about an individual student.’’. 

17 (3) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) PERFORMANCE PLAN, REPORT, AND BRIEF20 ING.— 

21 ‘‘(1) PERFORMANCE PLAN.— 

22 ‘‘(A) IN GENERAL.—Not later than one 

23 year after the date of the enactment of the Stu24 dent Loan Advocacy Act, and not less than 

25 once every five years thereafter, the Secretary 


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1 and Chief Operating Officer shall agree on a 

2 performance plan for the PBO for the suc3 ceeding 5 years that— 

4 ‘‘(i) establishes measurable quan5 titative and qualitative goals and objectives 

6 for the organization; and 

7 ‘‘(ii) aligns such goals and objectives 

8 with the purposes specified in subsection 

9 (a)(2). 

10 ‘‘(B) CONSULTATION.—In developing the 

11 five-year performance plan and any revision to 

12 the plan, the Secretary and the Chief Operating 

13 Officer shall consult with students, institutions, 

14 Congress, contractors, the Borrower Advocate, 

15 student aid experts, including consumer advo16 cacy and research groups, the Director of the 

17 Bureau of Consumer Financial Protection, 

18 State attorneys general, and other relevant par19 ties. 

20 ‘‘(C) REVISIONS.—The Secretary and 

21 Chief Operating Officer may annually update 

22 the plan under paragraph (1) to incorporate the 

23 recommendations made pursuant to the con24 sultation required under subparagraph (B) that 


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1 are accepted by the Secretary and the Chief 

2 Operating Officer. 

3 ‘‘(D) AREAS.—The plan developed under 

4 subparagraph (A) shall address the responsibil5 ities of the PBO in the following areas: 

6 ‘‘(i) Improving service to students and 

7 other participants in the Federal student 

8 financial assistance programs authorized 

9 under title IV, including making those pro10 grams more understandable and accessible 

11 to students and their parents. 

12 ‘‘(ii) Managing the costs and increas13 ing the efficiency of such programs. 

14 ‘‘(iii) Improving, integrating, and in15 vesting in the systems that support such 

16 programs. 

17 ‘‘(iv) Developing open, common, and 

18 integrated systems for such programs. 

19 ‘‘(v) The collection, publication, and 

20 sharing of data on such programs as de21 scribed in subsection (b)(3). 

22 ‘‘(vi) Improving performance stand23 ards and outcomes with respect to institu24 tions, contractors, and third party servicers 

25 that act as agents of the Department or as 


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1 agents of institutions that participate in 

2 such programs. 

3 ‘‘(vii) Any other areas identified by 

4 the Secretary. 

5 ‘‘(E) PUBLIC AVAILABILITY.—Each plan 

6 developed under subparagraph (A) shall be 

7 made available on a publicly accessible website 

8 of the Department of Education. 

9 ‘‘(2) ANNUAL REPORT.— 

10 ‘‘(A) REPORT REQUIRED.—Not later than 

11 one year after the date of the enactment of the 

12 Student Loan Advocacy Act and annually there13 after, the Secretary, acting through the Chief 

14 Operating Officer, shall submit to Congress an 

15 annual report on the performance of the PBO. 

16 ‘‘(B) CONTENTS.—The annual report shall 

17 include the following: 

18 ‘‘(i) An evaluation of the extent to 

19 which the PBO met the goals and objec20 tives contained in the five-year perform21 ance plan described in paragraph (1) for 

22 the preceding year. 

23 ‘‘(ii) A summary of the consultation 

24 process under paragraph (1)(B) for the 

25 preceding year, including the recommendaVerDate Sep 11 2014 22:06 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4596.IH H4596

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1 tions that were accepted or denied by the 

2 Chief Operating Officer during such year, 

3 and the rationale for accepting or denying 

4 such recommendations. 

5 ‘‘(iii) An independent financial audit 

6 of the expenditures of both the PBO and 

7 the programs administered by the PBO. 

8 ‘‘(iv) A summary of the actions taken 

9 by the PBO to address— 

10 ‘‘(I) the findings of the audit de11 scribed in clause (iii); and 

12 ‘‘(II) consumer feedback. 

13 ‘‘(v) Financial and performance re14 quirements applicable to the PBO under— 

15 ‘‘(I) the Chief Financial Officers 

16 Act of 1990 (Public Law 101–576); 

17 or 

18 ‘‘(II) the Government Perform19 ance and Results Act of 1993 (Public 

20 Law 103–62). 

21 ‘‘(vi) The results achieved by the PBO 

22 during the preceding year and whether 

23 such results met the goals specified in the 

24 performance plan under paragraph (1). 


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1 ‘‘(vii) With respect to the preceding 

2 year, the evaluation rating of the perform3 ance of the Chief Operating Officer and 

4 senior managers under subsections (d)(5) 

5 and (e)(2), including the amounts of bonus 

6 compensation awarded to the Chief Oper7 ating Officer and senior managers. 

8 ‘‘(viii) Recommendations for legisla9 tive and regulatory changes to improve 

10 service to students and their families, and 

11 to improve the efficiency and integrity of 

12 Federal student financial assistance pro13 grams authorized under title IV. 

14 ‘‘(ix) Financial statements that pro15 vide a rationale for appropriately funding 

16 the activities of the PBO. 

17 ‘‘(x) A summary of the management 

18 and compliance of contractors managed by 

19 the PBO in the preceding year, including 

20 corrective actions taken by the PBO with 

21 respect to such contractors. 

22 ‘‘(xi) A description of how the PBO 

23 used the authority under paragraph (5) of 

24 subsection (b) for making personnel and 

25 procurement decisions in the preceding 


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1 year, including the number of individuals 

2 hired through such authority and the bo3 nuses provided to staff during such year. 

4 ‘‘(xii) A summary of the oversight ac5 tivities of institutions, contractors, and 

6 third party servicers that participate in the 

7 Federal student financial assistance pro8 grams authorized under title IV includ9 ing— 

10 ‘‘(I) fines levied on such institu11 tions, contractors, and third party 

12 servicers, disaggregated by entity; 

13 ‘‘(II) instances of fraud or mis14 representation by such institutions, 

15 contractors, or third party servicers; 

16 and 

17 ‘‘(III) violations of provisions in 

18 this Act by such institutions, contrac19 tors, or third party servicers 

20 disaggregated by entity and type of 

21 violation. 

22 ‘‘(xiii) A summary of any improve23 ments made with respect to transparency 

24 and any new types of data made available 

25 in the preceding year. 


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1 ‘‘(xiv) A description of the progress 

2 made in the preceding year towards the 

3 specific measurable organization and indi4 vidual goals specified in subsection 

5 (d)(5)(A). 

6 ‘‘(xv) The report submitted to the 

7 Secretary under subsection (f)(7). 

8 ‘‘(xvi) Other such information as the 

9 Director of the Office of Management and 

10 Budget shall prescribe for performance 

11 based organizations. 

12 ‘‘(3) CONSULTATION WITH STAKEHOLDERS.— 

13 The Chief Operating Officer, in preparing the an14 nual report described in paragraph (2), shall estab15 lish appropriate means to consult with students, bor16 rowers, institutions, student aid experts, including 

17 consumer advocacy and research groups, the Direc18 tor of the Bureau of Consumer Financial Protection, 

19 and others involved in the delivery and evaluation of 

20 student aid under title IV— 

21 ‘‘(A) regarding the degree of satisfaction 

22 with the delivery system; and 

23 ‘‘(B) to seek suggestions on means to im24 prove the performance of the delivery system. 


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1 ‘‘(4) BRIEFING ON ENFORCEMENT OF PROGRAM

2 INTEGRITY.—The Secretary shall, at the request of 

3 the authorizing committees, provide to the author4 izing committees a briefing on the steps the Depart5 ment of Education has taken to ensure— 

6 ‘‘(A) the experiences of students and bor7 rowers are accounted for in decision making; 

8 and 

9 ‘‘(B) that contractors, lenders, and guar10 anty agencies and third party servicers are ad11 hering to the requirements of title IV, the terms 

12 of any contract with the Secretary, consumer 

13 protection laws, Federal regulations and guide14 lines, and directives of the PBO. 

15 ‘‘(5) COORDINATION WITH THE DIRECTOR OF

16 THE BUREAU OF CONSUMER FINANCIAL PROTEC17 TION.—Not later than 180 days after the date of the 

18 enactment of the Student Loan Advocacy Act, the 

19 Secretary shall enter into a memorandum of under20 standing with the Private Education Loan Ombuds21 man in accordance with section 1035(c)(2) of the 

22 Dodd-Frank Wall Street Reform and Consumer Pro23 tection Act (12 U.S.C. 5535(c)(2)).’’. 

24 (4) in subsection (d)— 


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1 (A) in paragraph (1), by striking ‘‘manage2 ment ability’’ and all that follows through the 

3 period at the end and inserting ‘‘management 

4 ability, including contractor management, ex5 pertise in the Federal student financial assist6 ance programs authorized under title IV, expe7 rience with financial systems, and knowledge of 

8 consumer financial protection laws, and without 

9 regard to political affiliation or activity.’’; 

10 (B) by redesignating paragraphs (2) 

11 through (5) as paragraphs (3) through (6); 

12 (C) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) RESTRICTIONS.— 

15 ‘‘(A) PRESERVICE AND IN-SERVICE RE16 STRICTIONS.—An individual may not serve as 

17 the Chief Operating Officer if such individual— 

18 ‘‘(i) is employed by, or has a financial 

19 interest in, an entity that contracts with 

20 the PBO; or 

21 ‘‘(ii) was employed by, or had a finan22 cial interest in, any such entity in any of 

23 the five years preceding the date of the in24 dividual’s appointment as the Chief Oper25 ating Officer. 


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1 ‘‘(B) POSTSERVICE RESTRICTIONS.—An 

2 individual who served as the Chief Operating 

3 Officer may not accept employment with an en4 tity that contracts with the PBO until a period 

5 of five years has elapsed following the date on 

6 which such individual’s service as the Chief Op7 erating Officer terminated.’’; 

8 (D) in paragraph (5), as so redesignated— 

9 (i) in subparagraph (A)— 

10 (I) by inserting ‘‘specific’’ before 

11 ‘‘measurable’’; and 

12 (II) by inserting ‘‘and metrics 

13 used to measure progress toward such 

14 goals’’ before the period; and 

15 (ii) in subparagraph (B), by inserting 

16 ‘‘on the website of the Department’’ before 

17 the period; and 

18 (E) in paragraph (6), as so redesignated, 

19 by amending subparagraph (B) to read as fol20 lows: 

21 ‘‘(B) BONUS AUTHORIZED.—The Secretary 

22 may pay to the Chief Operating Officer a bonus 

23 in an amount that does not exceed 50 percent 

24 of such annual rate of basic pay. The decision 

25 to pay such a bonus, and the amount of the 


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1 bonus, shall be based solely on the Secretary’s 

2 evaluation of the performance of the Chief Op3 erating Officer with respect to the goals set 

4 forth in the performance agreement as de5 scribed in paragraph (5)(A).’’; 

6 (5) in subsection (e)(2), by striking ‘‘organiza7 tion and individual goals’’ and inserting ‘‘specific, 

8 measurable organization and individual goals and 

9 the metrics used to measure progress toward such 

10 goals. Performance agreements for senior manage11 ment responsible for procurement shall include 

12 metrics that measure ability to oversee contractors.’’; 

13 (6) by amending subsection (f) to read as fol14 lows: 

15 ‘‘(f) BORROWER ADVOCATE.— 

16 ‘‘(1) IN GENERAL.—There is established in the 

17 PBO an ‘Office of the Borrower Advocate’ (referred 

18 to in this subsection as the ‘Office’). The function of 

19 the Office shall be to provide timely assistance to 

20 borrowers of loans made, insured, or guaranteed 

21 under title IV by performing the duties described in 

22 paragraph (6). 

23 ‘‘(2) HEAD OF OFFICE.—There shall be an offi24 cial known as the ‘Borrower Advocate’ who shall 

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1 cate shall be appointed by the Secretary from among 

2 individuals who have worked closely with the Federal 

3 student loan programs authorized under title IV. 

4 ‘‘(3) REMOVAL.—The Borrower Advocate may 

5 be removed only by the Secretary who shall commu6 nicate the reasons for any such removal to the au7 thorizing committees. 

8 ‘‘(4) RESTRICTIONS.— 

9 ‘‘(A) PRESERVICE AND IN-SERVICE RE10 STRICTIONS.—An individual may not serve as 

11 the Borrower Advocate if such individual— 

12 ‘‘(i) is employed by, or has a financial 

13 interest in, an entity that contracts with 

14 the PBO; or 

15 ‘‘(ii) was employed by, or had a finan16 cial interest in, any such entity in any of 

17 the five years preceding the date of the in18 dividual’s appointment as the Borrower 

19 Advocate. 

20 ‘‘(B) POSTSERVICE RESTRICTIONS.—An 

21 individual who served as the Borrower Advocate 

22 may not accept employment with an entity that 

23 contracts with the PBO until a period of five 

24 years has elapsed following the date on which 


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1 such individual’s service as the Borrower Advo2 cate terminated. 

3 ‘‘(5) STAFF.—The Office shall be staffed suffi4 ciently to carry out the responsibilities of the Office 

5 under this subsection. 

6 ‘‘(6) DUTIES OF THE BORROWER ADVOCATE.— 

7 The Office of the Borrower Advocate shall— 

8 ‘‘(A) assist borrowers of loans made, in9 sured, or guaranteed under title IV in resolving 

10 problems with the PBO and its contractors or 

11 other agents, including by— 

12 ‘‘(i) receiving and reviewing com13 plaints of such problems from borrowers; 

14 ‘‘(ii) working to resolve such com15 plaints in a manner that is in the best in16 terests of borrowers; and 

17 ‘‘(iii) transmitting such complaints to 

18 States and recognized accrediting agencies 

19 or associations, as appropriate; 

20 ‘‘(B) attempt to resolve complaints within 

21 the Department of Education and with institu22 tions of higher education, lenders, guaranty 

23 agencies, loan servicers, and other participants 

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1 ized under title IV in a manner that will im2 prove the experience of the borrower; 

3 ‘‘(C) compile and analyze data on borrower 

4 complaints and share such data with the Direc5 tor of the Bureau of Consumer Financial Pro6 tection; 

7 ‘‘(D) publish, with any personally identifi8 able information redacted, such complaints and 

9 responses of the Secretary to such complaints 

10 on the website of the Department; and 

11 ‘‘(E) make appropriate recommendations 

12 to Congress, the Chief Operating Officer, and 

13 Secretary with respect to Federal student loan 

14 programs authorized under title IV and the ex15 periences of borrowers in repayment of loans 

16 under such programs. 

17 ‘‘(7) PUBLIC INFORMATION.—The Chief Oper18 ating Officer shall establish and maintain a public 

19 page on the website of the Department of Education 

20 exclusively to provide members of the public with in21 formation about the role of the PBO with respect to 

22 the oversight of institutions of higher education, 

23 lenders, guaranty agencies, contractors that contract 

24 with the PBO, subcontractors of such contractors, 

25 and third party servicers. 


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1 ‘‘(8) REPORT.—On an annual basis, the Bor2 rower Advocate shall submit to the Chief Operating 

3 Officer a report on the activities of the Office during 

4 the preceding year that— 

5 ‘‘(A) identifies the activities carried out by 

6 the Borrower Advocate; 

7 ‘‘(B) summarizes the complaints received 

8 from borrowers, including the number of such 

9 complaints, and explains the activities under10 taken by the PBO to address such complaints; 

11 ‘‘(C) proposes changes in the administra12 tive practices of the PBO to mitigate problems 

13 experienced by borrowers; and 

14 ‘‘(D) identifies potential legislative changes 

15 which may be appropriate to mitigate such 

16 problems.’’; 

17 (7) by redesignating subsection (i) as subsection 

18 (j); and 

19 (8) by inserting after subsection (h) the fol20 lowing: 

21 ‘‘(i) THIRD PARTY SERVICER DEFINED.—In this sec22 tion, the term ‘third party servicer’ has the meaning given 

23 that term in section 481(c).’’. 


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1 (b) DEFINITION OF THIRD-PARTY SERVICER.—Sec2 tion 481(c) of the Higher Education Act of 1965 (20 

3 U.S.C. 1088(c)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘contract’’ and inserting ‘‘contract or other 

6 agreement, including a revenue sharing arrange7 ment,’’; and 

8 (2) in paragraph (1), by striking ‘‘, through ei9 ther manual or automated processing, any aspect of 

10 such institution’s student assistance programs’’ and 

11 inserting ‘‘services on behalf of the institution re12 ceiving student assistance funds’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) Section 433(b)(13) of the Higher Education 

15 Act of 1965 (20 U.S.C. 1083(b)(13)) is amended by 

16 striking ‘‘Student Loan Ombudsman’’ and inserting 

17 ‘‘Borrower Advocate’’. 

18 (2) Section 433(e)(3)(E) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1083(e)(3)(E)) is 

20 amended by striking ‘‘Student Loan Ombudsman’’ 

21 and inserting ‘‘Borrower Advocate’’. 

Æ 


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