IB 

Union Calendar No. 523 

114TH CONGRESS 

2D SESSION H. R. 3179 

[Report No. 114–675] 

To amend the loan counseling requirements under the Higher Education 

Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2015 

Mr. GUTHRIE (for himself, Mr. ALLEN, Ms. BONAMICI, Mr. KLINE, Mr. 

SCOTT of Virginia, Mr. HUNTER, Mr. WALBERG, Mr. HECK of Nevada, 

Mr. MESSER, Mr. CARTER of Georgia, Ms. STEFANIK, Mrs. DAVIS of 

California, Mr. GRIJALVA, Mr. SABLAN, Mr. POCAN, Mr. TAKANO, Ms. 

CLARK of Massachusetts, Mr. DESAULNIER, and Mr. HUDSON) introduced the following bill; which was referred to the Committee on Education and the Workforce 

JULY 11, 2016 

Additional sponsors: Mr. ROE of Tennessee, Mr. ROKITA, Mr. POLIS, Mr. 

MACARTHUR, Mr. DOLD, Mr. KEATING, Ms. KUSTER, Mr. BARLETTA, 

Mr. RODNEY DAVIS of Illinois, Mrs. ELLMERS of North Carolina, Mr. 

BLUMENAUER, Mr. COFFMAN, Mr. CURBELO of Florida, Mr. BEYER, Mr. 

THOMPSON of Pennsylvania, Mr. HINOJOSA, Mr. COURTNEY, Ms. FUDGE, 

Ms. ADAMS, and Ms. WILSON of Florida 

JULY 11, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 23, 2015] 


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A BILL 

To amend the loan counseling requirements under the Higher 

Education Act of 1965, and for other purposes. 


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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 ‘‘Empowering Students 

5 Through Enhanced Financial Counseling Act’’. 

6 SEC. 2. ANNUAL COUNSELING. 

7 Section 485(l) of the Higher Education Act of 1965 

8 (20 U.S.C. 1092(l)) is amended to read as follows: 

9 ‘‘(l) ANNUAL FINANCIAL AID COUNSELING.— 

10 ‘‘(1) ANNUAL DISCLOSURE REQUIRED.— 

11 ‘‘(A) IN GENERAL.—Each eligible institu12 tion shall ensure that each individual who re13 ceives a Federal Pell Grant or a loan made 

14 under part D (other than a Federal Direct Con15 solidation Loan) receives comprehensive informa16 tion on the terms and conditions of such Federal 

17 Pell Grant or loan and the responsibilities the 

18 individual has with respect to such Federal Pell 

19 Grant or loan. Such information shall be pro20 vided, for each award year for which the indi21 vidual receives such Federal Pell Grant or loan, 

22 in a simple and understandable manner— 

23 ‘‘(i) during a counseling session con24 ducted in person; 


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1 ‘‘(ii) online, with the individual ac2 knowledging receipt of the information; or 

3 ‘‘(iii) through the use of the online 

4 counseling tool described in subsection 

5 (n)(1)(B). 

6 ‘‘(B) USE OF INTERACTIVE PROGRAMS.—In 

7 the case of institutions not using the online 

8 counseling tool described in subsection (n)(1)(B), 

9 the Secretary shall require such institutions to 

10 carry out the requirements of subparagraph (A) 

11 through the use of interactive programs, during 

12 an annual counseling session that is in-person or 

13 online, that test the individual’s understanding 

14 of the terms and conditions of the Federal Pell 

15 Grant or loan awarded to the individual, using 

16 simple and understandable language and clear 

17 formatting. 

18 ‘‘(2) ALL INDIVIDUALS.—The information to be 

19 provided under paragraph (1)(A) to each individual 

20 receiving counseling under this subsection shall in21 clude the following: 

22 ‘‘(A) An explanation of how the individual 

23 may budget for typical educational expenses and 

24 a sample budget based on the cost of attendance 

25 for the institution. 


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1 ‘‘(B) An explanation that an individual has 

2 a right to annually request a disclosure of infor3 mation collected by a consumer reporting agency 

4 pursuant to section 612(a) of the Fair Credit Re5 porting Act (15 U.S.C. 1681j(a)). 

6 ‘‘(C) Based on the most recent data avail7 able from the American Community Survey 

8 available from the Department of Commerce, the 

9 estimated average income and percentage of em10 ployment in the State of domicile of the indi11 vidual for individuals with— 

12 ‘‘(i) a high school diploma or equiva13 lent; 

14 ‘‘(ii) some post-secondary education 

15 without completion of a degree or certifi16 cate; and 

17 ‘‘(iii) a bachelor’s degree. 

18 ‘‘(D) An introduction to the financial man19 agement resources provided by the Financial Lit20 eracy and Education Commission. 

21 ‘‘(3) STUDENTS RECEIVING FEDERAL PELL

22 GRANTS.—The information to be provided under 

23 paragraph (1)(A) to each student receiving a Federal 

24 Pell Grant shall include the following: 


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1 ‘‘(A) An explanation of the terms and con2 ditions of the Federal Pell Grant. 

3 ‘‘(B) An explanation of approved edu4 cational expenses for which the student may use 

5 the Federal Pell Grant. 

6 ‘‘(C) An explanation of why the student 

7 may have to repay the Federal Pell Grant. 

8 ‘‘(D) An explanation of the maximum num9 ber of semesters or equivalent for which the stu10 dent may be eligible to receive a Federal Pell 

11 Grant, and a statement of the amount of time re12 maining for which the student may be eligible to 

13 receive a Federal Pell Grant. 

14 ‘‘(E) An explanation that if the student 

15 transfers to another institution not all of the stu16 dent’s courses may be acceptable in transfer to17 ward meeting specific degree or program require18 ments at such institution, but the amount of 

19 time remaining for which a student may be eli20 gible to receive a Federal Pell Grant, as provided 

21 under subparagraph (D), will not change. 

22 ‘‘(F) An explanation of how the student 

23 may seek additional financial assistance from 

24 the institution’s financial aid office due to a 


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1 change in the student’s financial circumstances, 

2 and the contact information for such office. 

3 ‘‘(4) BORROWERS RECEIVING LOANS MADE

4 UNDER PART D (OTHER THAN PARENT PLUS

5 LOANS).—The information to be provided under para6 graph (1)(A) to a borrower of a loan made under part 

7 D (other than a Federal Direct PLUS Loan made on 

8 behalf of a dependent student) shall include the fol9 lowing: 

10 ‘‘(A) To the extent practicable, the effect of 

11 accepting the loan to be disbursed on the eligi12 bility of the borrower for other forms of student 

13 financial assistance. 

14 ‘‘(B) An explanation of the use of the mas15 ter promissory note. 

16 ‘‘(C) An explanation that the borrower is 

17 not required to accept the full amount of the loan 

18 offered to the borrower. 

19 ‘‘(D) An explanation that the borrower 

20 should consider accepting any grant, scholarship, 

21 or State or Federal work-study jobs for which the 

22 borrower is eligible prior to accepting Federal 

23 student loans. 

24 ‘‘(E) A recommendation to the borrower to 

25 exhaust the borrower’s Federal student loan opVerDate Sep 11 2014 02:21 Jul 12, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3179.RH H3179

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1 tions prior to taking out private education loans, 

2 an explanation that Federal student loans typi3 cally offer better terms and conditions than pri4 vate education loans, an explanation of treat5 ment of loans made under part D and private 

6 education loans in bankruptcy, and an expla7 nation that if a borrower decides to take out a 

8 private education loan— 

9 ‘‘(i) the borrower has the ability to se10 lect a private educational lender of the bor11 rower’s choice; 

12 ‘‘(ii) the proposed private education 

13 loan may impact the borrower’s potential 

14 eligibility for other financial assistance, in15 cluding Federal financial assistance under 

16 this title; and 

17 ‘‘(iii) the borrower has a right— 

18 ‘‘(I) to accept the terms of the pri19 vate education loan within 30 calendar 

20 days following the date on which the 

21 application for such loan is approved 

22 and the borrower receives the required 

23 disclosure documents, pursuant to sec24 tion 128(e) of the Truth in Lending 

25 Act (15 U.S.C. 1638(e)); and 


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1 ‘‘(II) to cancel such loan within 3 

2 business days of the date on which the 

3 loan is consummated, pursuant to sec4 tion 128(e)(7) of such Act (15 U.S.C. 

5 1638(e)(7)). 

6 ‘‘(F) An explanation of the approved edu7 cational expenses for which the borrower may use 

8 a loan made under part D. 

9 ‘‘(G) Information on the annual and aggre10 gate loan limits for Federal Direct Stafford 

11 Loans and Federal Direct Unsubsidized Stafford 

12 Loans. 

13 ‘‘(H) Information on how interest accrues 

14 and is capitalized during periods when the inter15 est is not paid by either the borrower or the Sec16 retary. 

17 ‘‘(I) In the case of a Federal Direct PLUS 

18 Loan or a Federal Direct Unsubsidized Stafford 

19 Loan, the option of the borrower to pay the in20 terest while the borrower is in school. 

21 ‘‘(J) The definition of half-time enrollment 

22 at the institution, during regular terms and 

23 summer school, if applicable, and the con24 sequences of not maintaining at least half-time 

25 enrollment. 


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1 ‘‘(K) An explanation of the importance of 

2 contacting the appropriate offices at the institu3 tion of higher education if the borrower with4 draws prior to completing the borrower’s pro5 gram of study so that the institution can provide 

6 exit counseling, including information regarding 

7 the borrower’s repayment options and loan con8 solidation. 

9 ‘‘(L) For a first-time borrower— 

10 ‘‘(i) a statement of the anticipated bal11 ance on the loan for which the borrower is 

12 receiving counseling under this subsection; 

13 ‘‘(ii) based on such anticipated bal14 ance, the anticipated monthly payment 

15 amount under, at minimum— 

16 ‘‘(I) the standard repayment plan; 

17 and 

18 ‘‘(II) an income-based repayment 

19 plan under section 493C, as deter20 mined using regionally available data 

21 from the Bureau of Labor Statistics of 

22 the average starting salary for the oc23 cupation in which the borrower has an 

24 interest in or intends to be employed; 

25 and 


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1 ‘‘(iii) an estimate of the projected 

2 monthly payment amount under each re3 payment plan described in clause (ii), based 

4 on the average cumulative indebtedness at 

5 graduation for borrowers of loans made 

6 under part D who are in the same program 

7 of study as the borrower. 

8 ‘‘(M) For a borrower with an outstanding 

9 balance of principal or interest due on a loan 

10 made under this title— 

11 ‘‘(i) a current statement of the amount 

12 of such outstanding balance and interest ac13 crued; 

14 ‘‘(ii) based on such outstanding bal15 ance, the anticipated monthly payment 

16 amount under, at minimum, the standard 

17 repayment plan and, using regionally 

18 available data from the Bureau of Labor 

19 Statistics of the average starting salary for 

20 the occupation the borrower intends to be 

21 employed, an income-based repayment plan 

22 under section 493C; and 

23 ‘‘(iii) an estimate of the projected 

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1 payment plan described in clause (ii), based 

2 on— 

3 ‘‘(I) the outstanding balance de4 scribed in clause (i); 

5 ‘‘(II) the anticipated outstanding 

6 balance on the loan for which the stu7 dent is receiving counseling under this 

8 subsection; and 

9 ‘‘(III) a projection for any other 

10 loans made under part D that the bor11 rower is reasonably expected to accept 

12 during the borrower’s program of study 

13 based on at least the expected increase 

14 in the cost of attendance of such pro15 gram. 

16 ‘‘(N) The obligation of the borrower to 

17 repay the full amount of the loan, regardless of 

18 whether the borrower completes or does not com19 plete the program in which the borrower is en20 rolled within the regular time for program com21 pletion. 

22 ‘‘(O) The likely consequences of default on 

23 the loan, including adverse credit reports, delin24 quent debt collection procedures under Federal 

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1 tion’s most recent cohort default rate (defined in 

2 section 435(m)), an explanation of the cohort de3 fault rate, the most recent national average co4 hort default rate, and the most recent national 

5 average cohort default rate for the category of in6 stitution described in section 435(m)(4) to which 

7 the institution belongs. 

8 ‘‘(P) Information on the National Student 

9 Loan Data System and how the borrower can 

10 access the borrower’s records. 

11 ‘‘(Q) The contact information for the insti12 tution’s financial aid office or other appropriate 

13 office at the institution the borrower may contact 

14 if the borrower has any questions about the bor15 rower’s rights and responsibilities or the terms 

16 and conditions of the loan. 

17 ‘‘(5) BORROWERS RECEIVING PARENT PLUS

18 LOANS FOR DEPENDENT STUDENTS.—The information 

19 to be provided under paragraph (1)(A) to a borrower 

20 of a Federal Direct PLUS Loan made on behalf of a 

21 dependent student shall include the following: 

22 ‘‘(A) The information described in subpara23 graphs (A) through (C) and (N) through (Q) of 

24 paragraph (4). 


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1 ‘‘(B) The option of the borrower to pay the 

2 interest on the loan while the loan is in 

3 deferment. 

4 ‘‘(C) For a first-time borrower of such 

5 loan— 

6 ‘‘(i) a statement of the anticipated bal7 ance on the loan for which the borrower is 

8 receiving counseling under this subsection; 

9 ‘‘(ii) based on such anticipated bal10 ance, the anticipated monthly payment 

11 amount under the standard repayment 

12 plan; and 

13 ‘‘(iii) an estimate of the projected 

14 monthly payment amount under the stand15 ard repayment plan, based on the average 

16 cumulative indebtedness of other borrowers 

17 of Federal Direct PLUS Loans made on be18 half of dependent students who are in the 

19 same program of study as the student on 

20 whose behalf the borrower borrowed the 

21 loan. 

22 ‘‘(D) For a borrower with an outstanding 

23 balance of principal or interest due on such 

24 loan— 


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1 ‘‘(i) a statement of the amount of such 

2 outstanding balance; 

3 ‘‘(ii) based on such outstanding bal4 ance, the anticipated monthly payment 

5 amount under the standard repayment 

6 plan; and 

7 ‘‘(iii) an estimate of the projected 

8 monthly payment amount under the stand9 ard repayment plan, based on— 

10 ‘‘(I) the outstanding balance de11 scribed in clause (i); 

12 ‘‘(II) the anticipated outstanding 

13 balance on the loan for which the bor14 rower is receiving counseling under 

15 this subsection; and 

16 ‘‘(III) a projection for any other 

17 Federal Direct PLUS Loan made on 

18 behalf of the dependent student that the 

19 borrower is reasonably expected to ac20 cept during the program of study of 

21 such student based on at least the ex22 pected increase in the cost of attend23 ance of such program. 


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1 ‘‘(E) Debt management strategies that are 

2 designed to facilitate the repayment of such in3 debtedness. 

4 ‘‘(F) An explanation that the borrower has 

5 the options to prepay each loan, pay each loan 

6 on a shorter schedule, and change repayment 

7 plans. 

8 ‘‘(G) For each Federal Direct PLUS Loan 

9 made on behalf of a dependent student for which 

10 the borrower is receiving counseling under this 

11 subsection, the contact information for the loan 

12 servicer of the loan and a link to such servicer’s 

13 Website. 

14 ‘‘(6) ANNUAL LOAN ACCEPTANCE.—Prior to mak15 ing the first disbursement of a loan made under part 

16 D (other than a Federal Direct Consolidation Loan) 

17 to a borrower for an award year, an eligible institu18 tion, shall, as part of carrying out the counseling re19 quirements of this subsection for the loan, ensure that 

20 after receiving the applicable counseling under para21 graphs (2), (4), and (5) for the loan the borrower ac22 cepts the loan for such award year by— 

23 ‘‘(A) signing the master promissory note for 

24 the loan; 


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1 ‘‘(B) signing and returning to the institu2 tion a separate written statement that affirma3 tively states that the borrower accepts the loan; 

4 or 

5 ‘‘(C) electronically signing an electronic 

6 version of the statement described in subpara7 graph (B).’’. 

8 SEC. 3. EXIT COUNSELING. 

9 Section 485(b) of the Higher Education Act of 1965 

10 (20 U.S.C. 1092(b)) is amended— 

11 (1) in paragraph (1)(A)— 

12 (A) in the matter preceding clause (i), by 

13 striking ‘‘through financial aid offices or other14 wise’’ and inserting ‘‘through the use of an inter15 active program, during an exit counseling ses16 sion that is in-person or online, or through the 

17 use of the online counseling tool described in sub18 section (n)(1)(A)’’; 

19 (B) by redesignating clauses (i) through (ix) 

20 as clauses (iv) through (xii), respectively; 

21 (C) by inserting before clause (iv), as so re22 designated, the following: 

23 ‘‘(i) a summary of the outstanding balance of 

24 principal and interest due on the loans made to the 

25 borrower under part B, D, or E; 


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1 ‘‘(ii) an explanation of the grace period pre2 ceding repayment and the expected date that the bor3 rower will enter repayment; 

4 ‘‘(iii) an explanation that the borrower has the 

5 option to pay any interest that has accrued while the 

6 borrower was in school or that may accrue during the 

7 grace period preceding repayment or during an au8 thorized period of deferment or forbearance, prior to 

9 the capitalization of the interest;’’; 

10 (D) in clause (iv), as so redesignated— 

11 (i) by striking ‘‘sample information 

12 showing the average’’ and inserting ‘‘infor13 mation, based on the borrower’s outstanding 

14 balance described in clause (i), showing the 

15 borrower’s’’; and 

16 (ii) by striking ‘‘of each plan’’ and in17 serting ‘‘of at least the standard repayment 

18 plan and the income-based repayment plan 

19 under section 493C’’; 

20 (E) in clause (ix), as so redesignated— 

21 (i) by inserting ‘‘decreased credit 

22 score,’’ after ‘‘credit reports,’’; and 

23 (ii) by inserting ‘‘reduced ability to 

24 rent or purchase a home or car, potential 


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1 difficulty in securing employment,’’ after 

2 ‘‘Federal law,’’; 

3 (F) in clause (x), as so redesignated, by 

4 striking ‘‘consolidation loan under section 428C 

5 or a’’; 

6 (G) in clauses (xi) and (xii), as so redesig7 nated, by striking ‘‘and’’ at the end; and 

8 (H) by adding at the end the following: 

9 ‘‘(xiii) for each of the borrower’s loans made 

10 under part B, D, or E for which the borrower is re11 ceiving counseling under this subsection, the contact 

12 information for the loan servicer of the loan and a 

13 link to such servicer’s Website; and 

14 ‘‘(xiv) an explanation that an individual has a 

15 right to annually request a disclosure of information 

16 collected by a consumer reporting agency pursuant to 

17 section 612(a) of the Fair Credit Reporting Act (15 

18 U.S.C. 1681j(a)).’’; 

19 (2) in paragraph (1)(B)— 

20 (A) by inserting ‘‘online or’’ before ‘‘in 

21 writing’’; and 

22 (B) by adding before the period at the end 

23 the following: ‘‘, except that in the case of an in24 stitution using the online counseling tool de25 scribed in subsection (n)(1)(A), the Secretary 


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1 shall attempt to provide such information to the 

2 student in the manner described in subsection 

3 (n)(3)(C)’’; and 

4 (3) in paragraph (2)(C), by inserting ‘‘, such as 

5 the online counseling tool described in subsection 

6 (n)(1)(A),’’ after ‘‘electronic means’’. 

7 SEC. 4. ONLINE COUNSELING TOOLS. 

8 Section 485 of the Higher Education Act of 1965 (20 

9 U.S.C. 1092) is further amended by adding at the end the 

10 following: 

11 ‘‘(n) ONLINE COUNSELING TOOLS.— 

12 ‘‘(1) IN GENERAL.—Beginning not later than 1 

13 year after the date of enactment of the Empowering 

14 Students Through Enhanced Financial Counseling 

15 Act, the Secretary shall maintain— 

16 ‘‘(A) an online counseling tool that provides 

17 the exit counseling required under subsection (b) 

18 and meets the applicable requirements of this 

19 subsection; and 

20 ‘‘(B) an online counseling tool that provides 

21 the annual counseling required under subsection 

22 (l) and meets the applicable requirements of this 

23 subsection. 


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1 ‘‘(2) REQUIREMENTS OF TOOLS.—In maintain2 ing the online counseling tools described in paragraph 

3 (1), the Secretary shall ensure that each such tool is— 

4 ‘‘(A) consumer tested, in consultation with 

5 other relevant Federal agencies, to ensure that 

6 the tool is effective in helping individuals under7 stand their rights and obligations with respect to 

8 borrowing a loan made under part D or receiv9 ing a Federal Pell Grant; 

10 ‘‘(B) understandable to students receiving 

11 Federal Pell Grants and borrowers of loans made 

12 under part D; and 

13 ‘‘(C) freely available to all eligible institu14 tions. 

15 ‘‘(3) RECORD OF COUNSELING COMPLETION.— 

16 The Secretary shall— 

17 ‘‘(A) use each online counseling tool de18 scribed in paragraph (1) to keep a record of 

19 which individuals have received counseling using 

20 the tool, and notify the applicable institutions of 

21 the individual’s completion of such counseling; 

22 ‘‘(B) in the case of a borrower who receives 

23 annual counseling for a loan made under part D 

24 using the tool described in paragraph (1)(B), no25 tify the borrower by when the borrower should 


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1 accept, in a manner described in subsection 

2 (l)(6), the loan for which the borrower has re3 ceived such counseling; and 

4 ‘‘(C) in the case of a borrower described in 

5 subsection (b)(1)(B) at an institution that uses 

6 the online counseling tool described in paragraph 

7 (1)(A) of this subsection, the Secretary shall at8 tempt to provide the information described in 

9 subsection (b)(1)(A) to the borrower through such 

10 tool.’’. 

11 SEC. 5. LONGITUDINAL STUDY ON THE EFFECTIVENESS OF 

12 STUDENT LOAN COUNSELING. 

13 (a) IN GENERAL.—Not later than 1 year after the date 

14 of enactment of this Act, the Secretary of Education, acting 

15 through the Director of the Institute of Education Sciences, 

16 shall begin conducting a rigorous, longitudinal study of the 

17 impact and effectiveness of the student loan counseling— 

18 (1) provided under subsections (b), (l), and (n) 

19 of section 485 of the Higher Education Act of 1965 

20 (20 U.S.C. 1092), as amended by this Act; and 

21 (2) provided through such other means as the 

22 Secretary of Education may determine. 

23 (b) CONTENTS.— 

24 (1) BORROWER INFORMATION.—The longitudinal 

25 study carried out under subsection (a) shall include 


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1 borrower information, in the aggregate and 

2 disaggregated by race, ethnicity, gender, income, and 

3 status as an individual with a disability, on— 

4 (A) student persistence; 

5 (B) degree attainment; 

6 (C) program completion; 

7 (D) successful entry into student loan re8 payment; 

9 (E) cumulative borrowing levels; and 

10 (F) such other factors as the Secretary of 

11 Education may determine. 

12 (2) EXCEPTION.—The disaggregation under 

13 paragraph (1) shall not be required in a case in 

14 which the number of borrowers in a category is insuf15 ficient to yield statistically reliable information or 

16 the results would reveal personally identifiable infor17 mation about an individual borrower. 

18 (c) INTERIM REPORTS.—Not later than 18 months 

19 after the commencement of the study under subsection (a), 

20 and annually thereafter, the Secretary of Education shall 

21 evaluate the progress of the study and report any short-term 

22 findings to the appropriate committees of Congress. 

23 SEC. 6. AVAILABILITY OF FUNDS. 

24 (a) USE OF EXISTING FUNDS.—Of the amount author25 ized to be appropriated for maintaining the Department 


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1 of Education’s Financial Awareness Counseling Tool, 

2 $2,000,000 shall be available to carry out this Act and the 

3 amendments made by this Act. 

4 (b) NO ADDITIONAL FUNDS AUTHORIZED.—No funds 

5 are authorized to be appropriated by this Act to carry out 

6 this Act or the amendments made by this Act. 


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Union Calendar No. 523 

114TH CONGRESS 

2D SESSION H. R. 3179 

[Report No. 114–675] 

A BILL 

To amend the loan counseling requirements under 

purposes. the Higher Education Act of 1965, and for other 

JULY 11, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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