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 pur-
poses. 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Loan Advo-
cacy Act’’. 
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SEC. 2. PERFORMANCE-BASED ORGANIZATION FOR DELIV-
ERY OF FEDERAL STUDENT FINANCIAL AS-
SISTANCE. 
(a) PBO.—Section 141 of the Higher Education Act 
of 1965 (20 U.S.C. 1018) is amended— 
(1) in subsection (a), by amending paragraph 
(2) to read as follows: 
‘‘(2) PURPOSES.—The purposes of the PBO are 
as follows: 
‘‘(A) To prioritize students and borrowers 
in the decisionmaking process of the PBO. 
‘‘(B) To improve service to students and 
other participants in the Federal student finan-
cial assistance programs authorized under title 
IV. 
‘‘(C) To make such programs more under-
standable to students and their parents. 
‘‘(D) To increase the efficiency and effec-
tiveness of such programs for students and 
their parents. 
‘‘(E) To manage the costs of administering 
such programs. 
‘‘(F) To increase the accountability of the 
officials responsible for administering the oper-
ational aspects of such programs. 
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‘‘(G) To increase oversight of institutions, 
contractors, and third party servicers that par-
ticipate in the Federal student financial assist-
ance programs authorized under title IV. 
‘‘(H) To provide greater flexibility in the 
management and administration of such pro-
grams. 
‘‘(I) To implement open, common, inte-
grated systems for the delivery of Federal stu-
dent financial assistance programs authorized 
under title IV. 
‘‘(J) To develop and maintain a student fi-
nancial assistance system that contains com-
plete, accurate, and timely data to ensure pro-
gram integrity. 
‘‘(K) To increase transparency in the oper-
ations and outcomes of Federal student finan-
cial assistance programs authorized under title 
IV.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(B) and (C) as subparagraphs (C) and 
(D), respectively; and 
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(ii) by inserting after subparagraph 
(A) the following: 
‘‘(B) implement oversight and account-
ability measures to ensure that the PBO carries 
out its duties under this section efficiently, ef-
fectively, and in a manner that accomplishes 
the purposes specified in subsection (a)(2);’’; 
(B) in paragraph (2)(A)— 
(i) 
by 
redesignating 
clauses 
(ii) 
through (vi) as clauses (iii) through (vii); 
(ii) by inserting after clause (i) the 
following: 
‘‘(ii) in accordance with paragraph 
(3), the collection, publication, and sharing 
of longitudinal data that may be used to 
evaluate Federal student financial assist-
ance programs authorized under title IV, 
including the outcomes such programs 
achieve;’’; and 
(iii) in clause (vii), as so redesignated, 
by inserting ‘‘, including oversight of insti-
tutions, 
contractors, 
and 
third 
party 
servicers that participate in such pro-
grams’’ after ‘‘title IV’’ ; 
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(C) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) COLLECTION, SHARING, AND PUBLICATION 
OF DATA.— 
‘‘(A) COLLECTION.—The PBO shall collect 
longitudinal data, including student-level data, 
that shall be used to evaluate Federal student 
financial assistance programs authorized under 
title IV. 
‘‘(B) SHARING
WITH
NCES.—The PBO 
shall make the data collected under subpara-
graph (A) available to the Commissioner of the 
National Center for Education Statistics for 
purposes of research and policy analysis. 
‘‘(C) SHARING WITH RESEARCHERS.—The 
Commissioner of the National Center for Edu-
cation Statistics shall make the data shared 
under subparagraph (B) available to research-
ers for vetted research and evaluation purposes. 
Data made available to researchers under this 
subparagraph shall not include any data that 
would reveal personally identifiable information. 
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and Chief Operating Officer shall agree on a 
performance plan for the PBO for the suc-
ceeding 5 years that— 
‘‘(i) establishes measurable quan-
titative and qualitative goals and objectives 
for the organization; and 
‘‘(ii) aligns such goals and objectives 
with the purposes specified in subsection 
(a)(2). 
‘‘(B) CONSULTATION.—In developing the 
five-year performance plan and any revision to 
the plan, the Secretary and the Chief Operating 
Officer shall consult with students, institutions, 
Congress, contractors, the Borrower Advocate, 
student aid experts, including consumer advo-
cacy and research groups, the Director of the 
Bureau of Consumer Financial Protection, 
State attorneys general, and other relevant par-
ties. 
‘‘(C) 
REVISIONS.—The 
Secretary 
and 
Chief Operating Officer may annually update 
the plan under paragraph (1) to incorporate the 
recommendations made pursuant to the con-
sultation required under subparagraph (B) that 
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are accepted by the Secretary and the Chief 
Operating Officer. 
‘‘(D) AREAS.—The plan developed under 
subparagraph (A) shall address the responsibil-
ities of the PBO in the following areas: 
‘‘(i) Improving service to students and 
other participants in the Federal student 
financial assistance programs authorized 
under title IV, including making those pro-
grams more understandable and accessible 
to students and their parents. 
‘‘(ii) Managing the costs and increas-
ing the efficiency of such programs. 
‘‘(iii) Improving, integrating, and in-
vesting in the systems that support such 
programs. 
‘‘(iv) Developing open, common, and 
integrated systems for such programs. 
‘‘(v) The collection, publication, and 
sharing of data on such programs as de-
scribed in subsection (b)(3). 
‘‘(vi) Improving performance stand-
ards and outcomes with respect to institu-
tions, contractors, and third party servicers 
that act as agents of the Department or as 
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agents of institutions that participate in 
such programs. 
‘‘(vii) Any other areas identified by 
the Secretary. 
‘‘(E) PUBLIC
AVAILABILITY.—Each plan 
developed under subparagraph (A) shall be 
made available on a publicly accessible website 
of the Department of Education. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) REPORT REQUIRED.—Not later than 
one year after the date of the enactment of the 
Student Loan Advocacy Act and annually there-
after, the Secretary, acting through the Chief 
Operating Officer, shall submit to Congress an 
annual report on the performance of the PBO. 
‘‘(B) CONTENTS.—The annual report shall 
include the following: 
‘‘(i) An evaluation of the extent to 
which the PBO met the goals and objec-
tives contained in the five-year perform-
ance plan described in paragraph (1) for 
the preceding year. 
‘‘(ii) A summary of the consultation 
process under paragraph (1)(B) for the 
preceding year, including the recommenda-
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tions that were accepted or denied by the 
Chief Operating Officer during such year, 
and the rationale for accepting or denying 
such recommendations. 
‘‘(iii) An independent financial audit 
of the expenditures of both the PBO and 
the programs administered by the PBO. 
‘‘(iv) A summary of the actions taken 
by the PBO to address— 
‘‘(I) the findings of the audit de-
scribed in clause (iii); and 
‘‘(II) consumer feedback. 
‘‘(v) Financial and performance re-
quirements applicable to the PBO under— 
‘‘(I) the Chief Financial Officers 
Act of 1990 (Public Law 101–576); 
or 
‘‘(II) the Government Perform-
ance and Results Act of 1993 (Public 
Law 103–62). 
‘‘(vi) The results achieved by the PBO 
during the preceding year and whether 
such results met the goals specified in the 
performance plan under paragraph (1). 
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‘‘(vii) With respect to the preceding 
year, the evaluation rating of the perform-
ance of the Chief Operating Officer and 
senior managers under subsections (d)(5) 
and (e)(2), including the amounts of bonus 
compensation awarded to the Chief Oper-
ating Officer and senior managers. 
‘‘(viii) Recommendations for legisla-
tive and regulatory changes to improve 
service to students and their families, and 
to improve the efficiency and integrity of 
Federal student financial assistance pro-
grams authorized under title IV. 
‘‘(ix) Financial statements that pro-
vide a rationale for appropriately funding 
the activities of the PBO. 
‘‘(x) A summary of the management 
and compliance of contractors managed by 
the PBO in the preceding year, including 
corrective actions taken by the PBO with 
respect to such contractors. 
‘‘(xi) A description of how the PBO 
used the authority under paragraph (5) of 
subsection (b) for making personnel and 
procurement decisions in the preceding 
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year, including the number of individuals 
hired through such authority and the bo-
nuses provided to staff during such year. 
‘‘(xii) A summary of the oversight ac-
tivities of institutions, contractors, and 
third party servicers that participate in the 
Federal student financial assistance pro-
grams authorized under title IV includ-
ing— 
‘‘(I) fines levied on such institu-
tions, contractors, and third party 
servicers, disaggregated by entity; 
‘‘(II) instances of fraud or mis-
representation by such institutions, 
contractors, or third party servicers; 
and 
‘‘(III) violations of provisions in 
this Act by such institutions, contrac-
tors, 
or 
third 
party 
servicers 
disaggregated by entity and type of 
violation. 
‘‘(xiii) A summary of any improve-
ments made with respect to transparency 
and any new types of data made available 
in the preceding year. 
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‘‘(xiv) A description of the progress 
made in the preceding year towards the 
specific measurable organization and indi-
vidual 
goals 
specified 
in 
subsection 
(d)(5)(A). 
‘‘(xv) The report submitted to the 
Secretary under subsection (f)(7). 
‘‘(xvi) Other such information as the 
Director of the Office of Management and 
Budget shall prescribe for performance 
based organizations. 
‘‘(3) CONSULTATION WITH STAKEHOLDERS.— 
The Chief Operating Officer, in preparing the an-
nual report described in paragraph (2), shall estab-
lish appropriate means to consult with students, bor-
rowers, institutions, student aid experts, including 
consumer advocacy and research groups, the Direc-
tor of the Bureau of Consumer Financial Protection, 
and others involved in the delivery and evaluation of 
student aid under title IV— 
‘‘(A) regarding the degree of satisfaction 
with the delivery system; and 
‘‘(B) to seek suggestions on means to im-
prove the performance of the delivery system. 
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‘‘(4) BRIEFING ON ENFORCEMENT OF PROGRAM 
INTEGRITY.—The Secretary shall, at the request of 
the authorizing committees, provide to the author-
izing committees a briefing on the steps the Depart-
ment of Education has taken to ensure— 
‘‘(A) the experiences of students and bor-
rowers are accounted for in decision making; 
and 
‘‘(B) that contractors, lenders, and guar-
anty agencies and third party servicers are ad-
hering to the requirements of title IV, the terms 
of any contract with the Secretary, consumer 
protection laws, Federal regulations and guide-
lines, and directives of the PBO. 
‘‘(5) COORDINATION WITH THE DIRECTOR OF 
THE
BUREAU
OF
CONSUMER
FINANCIAL
PROTEC-
TION.—Not later than 180 days after the date of the 
enactment of the Student Loan Advocacy Act, the 
Secretary shall enter into a memorandum of under-
standing with the Private Education Loan Ombuds-
man in accordance with section 1035(c)(2) of the 
Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act (12 U.S.C. 5535(c)(2)).’’. 
(4) in subsection (d)— 
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(A) in paragraph (1), by striking ‘‘manage-
ment ability’’ and all that follows through the 
period at the end and inserting ‘‘management 
ability, including contractor management, ex-
pertise in the Federal student financial assist-
ance programs authorized under title IV, expe-
rience with financial systems, and knowledge of 
consumer financial protection laws, and without 
regard to political affiliation or activity.’’; 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6); 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) RESTRICTIONS.— 
‘‘(A) PRESERVICE
AND
IN-SERVICE
RE-
STRICTIONS.—An individual may not serve as 
the Chief Operating Officer if such individual— 
‘‘(i) is employed by, or has a financial 
interest in, an entity that contracts with 
the PBO; or 
‘‘(ii) was employed by, or had a finan-
cial interest in, any such entity in any of 
the five years preceding the date of the in-
dividual’s appointment as the Chief Oper-
ating Officer. 
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‘‘(B) POSTSERVICE
RESTRICTIONS.—An 
individual who served as the Chief Operating 
Officer may not accept employment with an en-
tity that contracts with the PBO until a period 
of five years has elapsed following the date on 
which such individual’s service as the Chief Op-
erating Officer terminated.’’; 
(D) in paragraph (5), as so redesignated— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘specific’’ before 
‘‘measurable’’; and 
(II) by inserting ‘‘and metrics 
used to measure progress toward such 
goals’’ before the period; and 
(ii) in subparagraph (B), by inserting 
‘‘on the website of the Department’’ before 
the period; and 
(E) in paragraph (6), as so redesignated, 
by amending subparagraph (B) to read as fol-
lows: 
‘‘(B) BONUS AUTHORIZED.—The Secretary 
may pay to the Chief Operating Officer a bonus 
in an amount that does not exceed 50 percent 
of such annual rate of basic pay. The decision 
to pay such a bonus, and the amount of the 
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bonus, shall be based solely on the Secretary’s 
evaluation of the performance of the Chief Op-
erating Officer with respect to the goals set 
forth in the performance agreement as de-
scribed in paragraph (5)(A).’’; 
(5) in subsection (e)(2), by striking ‘‘organiza-
tion and individual goals’’ and inserting ‘‘specific, 
measurable organization and individual goals and 
the metrics used to measure progress toward such 
goals. Performance agreements for senior manage-
ment responsible for procurement shall include 
metrics that measure ability to oversee contractors.’’; 
(6) by amending subsection (f) to read as fol-
lows: 
‘‘(f) BORROWER ADVOCATE.— 
‘‘(1) IN GENERAL.—There is established in the 
PBO an ‘Office of the Borrower Advocate’ (referred 
to in this subsection as the ‘Office’). The function of 
the Office shall be to provide timely assistance to 
borrowers of loans made, insured, or guaranteed 
under title IV by performing the duties described in 
paragraph (6). 
‘‘(2) HEAD OF OFFICE.—There shall be an offi-
cial known as the ‘Borrower Advocate’ who shall 
serve as the head of the Office. The Borrower Advo-
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cate shall be appointed by the Secretary from among 
individuals who have worked closely with the Federal 
student loan programs authorized under title IV. 
‘‘(3) REMOVAL.—The Borrower Advocate may 
be removed only by the Secretary who shall commu-
nicate the reasons for any such removal to the au-
thorizing committees. 
‘‘(4) RESTRICTIONS.— 
‘‘(A) PRESERVICE
AND
IN-SERVICE
RE-
STRICTIONS.—An individual may not serve as 
the Borrower Advocate if such individual— 
‘‘(i) is employed by, or has a financial 
interest in, an entity that contracts with 
the PBO; or 
‘‘(ii) was employed by, or had a finan-
cial interest in, any such entity in any of 
the five years preceding the date of the in-
dividual’s appointment as the Borrower 
Advocate. 
‘‘(B) POSTSERVICE
RESTRICTIONS.—An 
individual who served as the Borrower Advocate 
may not accept employment with an entity that 
contracts with the PBO until a period of five 
years has elapsed following the date on which 
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such individual’s service as the Borrower Advo-
cate terminated. 
‘‘(5) STAFF.—The Office shall be staffed suffi-
ciently to carry out the responsibilities of the Office 
under this subsection. 
‘‘(6) DUTIES OF THE BORROWER ADVOCATE.— 
The Office of the Borrower Advocate shall— 
‘‘(A) assist borrowers of loans made, in-
sured, or guaranteed under title IV in resolving 
problems with the PBO and its contractors or 
other agents, including by— 
‘‘(i) receiving and reviewing com-
plaints of such problems from borrowers; 
‘‘(ii) working to resolve such com-
plaints in a manner that is in the best in-
terests of borrowers; and 
‘‘(iii) transmitting such complaints to 
States and recognized accrediting agencies 
or associations, as appropriate; 
‘‘(B) attempt to resolve complaints within 
the Department of Education and with institu-
tions of higher education, lenders, guaranty 
agencies, loan servicers, and other participants 
in the Federal student loan programs author-
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ized under title IV in a manner that will im-
prove the experience of the borrower; 
‘‘(C) compile and analyze data on borrower 
complaints and share such data with the Direc-
tor of the Bureau of Consumer Financial Pro-
tection; 
‘‘(D) publish, with any personally identifi-
able information redacted, such complaints and 
responses of the Secretary to such complaints 
on the website of the Department; and 
‘‘(E) make appropriate recommendations 
to Congress, the Chief Operating Officer, and 
Secretary with respect to Federal student loan 
programs authorized under title IV and the ex-
periences of borrowers in repayment of loans 
under such programs. 
‘‘(7) PUBLIC INFORMATION.—The Chief Oper-
ating Officer shall establish and maintain a public 
page on the website of the Department of Education 
exclusively to provide members of the public with in-
formation about the role of the PBO with respect to 
the oversight of institutions of higher education, 
lenders, guaranty agencies, contractors that contract 
with the PBO, subcontractors of such contractors, 
and third party servicers. 
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‘‘(8) REPORT.—On an annual basis, the Bor-
rower Advocate shall submit to the Chief Operating 
Officer a report on the activities of the Office during 
the preceding year that— 
‘‘(A) identifies the activities carried out by 
the Borrower Advocate; 
‘‘(B) summarizes the complaints received 
from borrowers, including the number of such 
complaints, and explains the activities under-
taken by the PBO to address such complaints; 
‘‘(C) proposes changes in the administra-
tive practices of the PBO to mitigate problems 
experienced by borrowers; and 
‘‘(D) identifies potential legislative changes 
which may be appropriate to mitigate such 
problems.’’; 
(7) by redesignating subsection (i) as subsection 
(j); and 
(8) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) THIRD PARTY SERVICER DEFINED.—In this sec-
tion, the term ‘third party servicer’ has the meaning given 
that term in section 481(c).’’. 
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(b) DEFINITION OF THIRD-PARTY SERVICER.—Sec-
tion 481(c) of the Higher Education Act of 1965 (20 
U.S.C. 1088(c)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘contract’’ and inserting ‘‘contract or other 
agreement, including a revenue sharing arrange-
ment,’’; and 
(2) in paragraph (1), by striking ‘‘, through ei-
ther manual or automated processing, any aspect of 
such institution’s student assistance programs’’ and 
inserting ‘‘services on behalf of the institution re-
ceiving student assistance funds’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 433(b)(13) of the Higher Education 
Act of 1965 (20 U.S.C. 1083(b)(13)) is amended by 
striking ‘‘Student Loan Ombudsman’’ and inserting 
‘‘Borrower Advocate’’. 
(2) Section 433(e)(3)(E) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1083(e)(3)(E)) is 
amended by striking ‘‘Student Loan Ombudsman’’ 
and inserting ‘‘Borrower Advocate’’. 
Æ 
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