I 

115TH CONGRESS 

1ST SESSION H. R. 1635 

To amend the loan counseling requirements under the Higher Education 

Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2017 

Mr. GUTHRIE (for himself and Ms. BONAMICI) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the loan counseling requirements under the Higher 

Education Act of 1965, 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 ‘‘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.— 


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1 ‘‘(A) IN GENERAL.—Each eligible institu2 tion shall ensure that each individual who re3 ceives a Federal Pell Grant or a loan made 

4 under part D (other than a Federal Direct Con5 solidation Loan) receives comprehensive infor6 mation on the terms and conditions of such 

7 Federal Pell Grant or loan and the responsibil8 ities the individual has with respect to such 

9 Federal Pell Grant or loan. Such information 

10 shall be provided, for each award year for which 

11 the individual receives such Federal Pell Grant 

12 or loan, in a simple and understandable man13 ner— 

14 ‘‘(i) during a counseling session con15 ducted in person; 

16 ‘‘(ii) online, with the individual ac17 knowledging receipt of the information; or 

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

19 counseling tool described in subsection 

20 (n)(1)(B). 

21 ‘‘(B) USE OF INTERACTIVE PROGRAMS.— 

22 In the case of institutions not using the online 

23 counseling tool described in subsection 

24 (n)(1)(B), the Secretary shall require such in25 stitutions to carry out the requirements of subVerDate Sep 11 2014 06:30 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1635.IH H1635

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1 paragraph (A) through the use of interactive 

2 programs, during an annual counseling session 

3 that is in-person or online, that test the individ4 ual’s understanding of the terms and conditions 

5 of the Federal Pell Grant or loan awarded to 

6 the individual, using simple and understandable 

7 language and clear formatting. 

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

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

10 receiving counseling under this subsection shall in11 clude the following: 

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

13 may budget for typical educational expenses 

14 and a sample budget based on the cost of at15 tendance for the institution. 

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

17 a right to annually request a disclosure of infor18 mation collected by a consumer reporting agen19 cy pursuant to section 612(a) of the Fair Credit 

20 Reporting Act (15 U.S.C. 1681j(a)). 

21 ‘‘(C) Based on the most recent data avail22 able from the American Community Survey 

23 available from the Department of Commerce, 

24 the estimated average income and percentage of 


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1 employment in the State of domicile of the indi2 vidual for individuals with— 

3 ‘‘(i) a high school diploma or equiva4 lent; 

5 ‘‘(ii) some post-secondary education 

6 without completion of a degree or certifi7 cate; and 

8 ‘‘(iii) a bachelor’s degree. 

9 ‘‘(D) An introduction to the financial man10 agement resources provided by the Financial 

11 Literacy and Education Commission. 

12 ‘‘(3) STUDENTS RECEIVING FEDERAL PELL

13 GRANTS.—The information to be provided under 

14 paragraph (1)(A) to each student receiving a Fed15 eral Pell Grant shall include the following: 

16 ‘‘(A) An explanation of the terms and con17 ditions of the Federal Pell Grant. 

18 ‘‘(B) An explanation of approved edu19 cational expenses for which the student may use 

20 the Federal Pell Grant. 

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

22 may have to repay the Federal Pell Grant. 

23 ‘‘(D) An explanation of the maximum 

24 number of semesters or equivalent for which the 

25 student may be eligible to receive a Federal Pell 


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1 Grant, and a statement of the amount of time 

2 remaining for which the student may be eligible 

3 to receive a Federal Pell Grant. 

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

5 transfers to another institution not all of the 

6 student’s courses may be acceptable in transfer 

7 toward meeting specific degree or program re8 quirements at such institution, but the amount 

9 of time remaining for which a student may be 

10 eligible to receive a Federal Pell Grant, as pro11 vided under subparagraph (D), will not change. 

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

13 may seek additional financial assistance from 

14 the institution’s financial aid office due to a 

15 change in the student’s financial circumstances, 

16 and the contact information for such office. 

17 ‘‘(4) BORROWERS RECEIVING LOANS MADE

18 UNDER PART D (OTHER THAN PARENT PLUS

19 LOANS).—The information to be provided under 

20 paragraph (1)(A) to a borrower of a loan made 

21 under part D (other than a Federal Direct PLUS 

22 Loan made on behalf of a dependent student) shall 

23 include the following: 

24 ‘‘(A) To the extent practicable, the effect 

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1 gibility of the borrower for other forms of stu2 dent financial assistance. 

3 ‘‘(B) An explanation of the use of the mas4 ter promissory note. 

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

6 not required to accept the full amount of the 

7 loan offered to the borrower. 

8 ‘‘(D) An explanation that the borrower 

9 should consider accepting any grant, scholar10 ship, or State or Federal work-study jobs for 

11 which the borrower is eligible prior to accepting 

12 Federal student loans. 

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

14 exhaust the borrower’s Federal student loan op15 tions prior to taking out private education 

16 loans, an explanation that Federal student 

17 loans typically offer better terms and conditions 

18 than private education loans, an explanation of 

19 treatment of loans made under part D and pri20 vate education loans in bankruptcy, and an ex21 planation that if a borrower decides to take out 

22 a private education loan— 

23 ‘‘(i) the borrower has the ability to se24 lect a private educational lender of the bor25 rower’s choice; 


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1 ‘‘(ii) the proposed private education 

2 loan may impact the borrower’s potential 

3 eligibility for other financial assistance, in4 cluding Federal financial assistance under 

5 this title; and 

6 ‘‘(iii) the borrower has a right— 

7 ‘‘(I) to accept the terms of the 

8 private education loan within 30 cal9 endar days following the date on 

10 which the application for such loan is 

11 approved and the borrower receives 

12 the required disclosure documents, 

13 pursuant to section 128(e) of the 

14 Truth in Lending Act (15 U.S.C. 

15 1638(e)); and 

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

17 business days of the date on which the 

18 loan is consummated, pursuant to sec19 tion 128(e)(7) of such Act (15 U.S.C. 

20 1638(e)(7)). 

21 ‘‘(F) An explanation of the approved edu22 cational expenses for which the borrower may 

23 use a loan made under part D. 

24 ‘‘(G) Information on the annual and aggre25 gate loan limits for Federal Direct Stafford 


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1 Loans and Federal Direct Unsubsidized Staf2 ford Loans. 

3 ‘‘(H) Information on how interest accrues 

4 and is capitalized during periods when the in5 terest is not paid by either the borrower or the 

6 Secretary. 

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

8 Loan or a Federal Direct Unsubsidized Staf9 ford Loan, the option of the borrower to pay 

10 the interest while the borrower is in school. 

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

12 at the institution, during regular terms and 

13 summer school, if applicable, and the con14 sequences of not maintaining at least half-time 

15 enrollment. 

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

17 contacting the appropriate offices at the institu18 tion of higher education if the borrower with19 draws prior to completing the borrower’s pro20 gram of study so that the institution can pro21 vide exit counseling, including information re22 garding the borrower’s repayment options and 

23 loan consolidation. 

24 ‘‘(L) For a first-time borrower— 


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1 ‘‘(i) a statement of the anticipated 

2 balance on the loan for which the borrower 

3 is receiving counseling under this sub4 section; 

5 ‘‘(ii) based on such anticipated bal6 ance, the anticipated monthly payment 

7 amount under, at minimum— 

8 ‘‘(I) the standard repayment 

9 plan; and 

10 ‘‘(II) an income-based repayment 

11 plan under section 493C, as deter12 mined using regionally available data 

13 from the Bureau of Labor Statistics 

14 of the average starting salary for the 

15 occupation in which the borrower has 

16 an interest in or intends to be em17 ployed; and 

18 ‘‘(iii) an estimate of the projected 

19 monthly payment amount under each re20 payment plan described in clause (ii), 

21 based on the average cumulative indebted22 ness at graduation for borrowers of loans 

23 made under part D who are in the same 

24 program of study as the borrower. 


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

2 balance of principal or interest due on a loan 

3 made under this title— 

4 ‘‘(i) a current statement of the 

5 amount of such outstanding balance and 

6 interest accrued; 

7 ‘‘(ii) based on such outstanding bal8 ance, the anticipated monthly payment 

9 amount under, at minimum, the standard 

10 repayment plan and, using regionally avail11 able data from the Bureau of Labor Sta12 tistics of the average starting salary for 

13 the occupation the borrower intends to be 

14 employed, an income-based repayment plan 

15 under section 493C; and 

16 ‘‘(iii) an estimate of the projected 

17 monthly payment amount under each re18 payment plan described in clause (ii), 

19 based on— 

20 ‘‘(I) the outstanding balance de21 scribed in clause (i); 

22 ‘‘(II) the anticipated outstanding 

23 balance on the loan for which the stu24 dent is receiving counseling under this 

25 subsection; and 


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1 ‘‘(III) a projection for any other 

2 loans made under part D that the 

3 borrower is reasonably expected to ac4 cept during the borrower’s program of 

5 study based on at least the expected 

6 increase in the cost of attendance of 

7 such program. 

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

9 repay the full amount of the loan, regardless of 

10 whether the borrower completes or does not 

11 complete the program in which the borrower is 

12 enrolled within the regular time for program 

13 completion. 

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

15 the loan, including adverse credit reports, delin16 quent debt collection procedures under Federal 

17 law, and litigation, and a notice of the institu18 tion’s most recent cohort default rate (defined 

19 in section 435(m)), an explanation of the cohort 

20 default rate, the most recent national average 

21 cohort default rate, and the most recent na22 tional average cohort default rate for the cat23 egory of institution described in section 

24 435(m)(4) to which the institution belongs. 


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1 ‘‘(P) Information on the National Student 

2 Loan Data System and how the borrower can 

3 access the borrower’s records. 

4 ‘‘(Q) The contact information for the insti5 tution’s financial aid office or other appropriate 

6 office at the institution the borrower may con7 tact if the borrower has any questions about the 

8 borrower’s rights and responsibilities or the 

9 terms and conditions of the loan. 

10 ‘‘(5) BORROWERS RECEIVING PARENT PLUS

11 LOANS FOR DEPENDENT STUDENTS.—The informa12 tion to be provided under paragraph (1)(A) to a bor13 rower of a Federal Direct PLUS Loan made on be14 half of a dependent student shall include the fol15 lowing: 

16 ‘‘(A) The information described in sub17 paragraphs (A) through (C) and (N) through 

18 (Q) of paragraph (4). 

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

20 interest on the loan while the loan is in 

21 deferment. 

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

23 loan— 

24 ‘‘(i) a statement of the anticipated 

25 balance on the loan for which the borrower 


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1 is receiving counseling under this sub2 section; 

3 ‘‘(ii) based on such anticipated 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 the average 

10 cumulative indebtedness of other borrowers 

11 of Federal Direct PLUS Loans made on 

12 behalf of dependent students who are in 

13 the same program of study as the student 

14 on whose behalf the borrower borrowed the 

15 loan. 

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

17 balance of principal or interest due on such 

18 loan— 

19 ‘‘(i) a statement of the amount of 

20 such outstanding balance; 

21 ‘‘(ii) based on such outstanding bal22 ance, the anticipated monthly payment 

23 amount under the standard repayment 

24 plan; and 


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1 ‘‘(iii) an estimate of the projected 

2 monthly payment amount under the stand3 ard repayment plan, based on— 

4 ‘‘(I) the outstanding balance de5 scribed in clause (i); 

6 ‘‘(II) the anticipated outstanding 

7 balance on the loan for which the bor8 rower is receiving counseling under 

9 this subsection; and 

10 ‘‘(III) a projection for any other 

11 Federal Direct PLUS Loan made on 

12 behalf of the dependent student that 

13 the borrower is reasonably expected to 

14 accept during the program of study of 

15 such student based on at least the ex16 pected increase in the cost of attend17 ance of such program. 

18 ‘‘(E) Debt management strategies that are 

19 designed to facilitate the repayment of such in20 debtedness. 

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

22 the options to prepay each loan, pay each loan 

23 on a shorter schedule, and change repayment 

24 plans. 


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

2 made on behalf of a dependent student for 

3 which the borrower is receiving counseling 

4 under this subsection, the contact information 

5 for the loan servicer of the loan and a link to 

6 such servicer’s Website. 

7 ‘‘(6) ANNUAL LOAN ACCEPTANCE.—Prior to 

8 making the first disbursement of a loan made under 

9 part D (other than a Federal Direct Consolidation 

10 Loan) to a borrower for an award year, an eligible 

11 institution, shall, as part of carrying out the coun12 seling requirements of this subsection for the loan, 

13 ensure that after receiving the applicable counseling 

14 under paragraphs (2), (4), and (5) for the loan the 

15 borrower accepts the loan for such award year by— 

16 ‘‘(A) signing the master promissory note 

17 for the loan; 

18 ‘‘(B) signing and returning to the institu19 tion a separate written statement that affirma20 tively states that the borrower accepts the loan; 

21 or 

22 ‘‘(C) electronically signing an electronic 

23 version of the statement described in subpara24 graph (B).’’. 


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1 SEC. 3. EXIT COUNSELING. 

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

3 (20 U.S.C. 1092(b)) is amended— 

4 (1) in paragraph (1)(A)— 

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

6 striking ‘‘through financial aid offices or other7 wise’’ and inserting ‘‘through the use of an 

8 interactive program, during an exit counseling 

9 session that is in-person or online, or through 

10 the use of the online counseling tool described 

11 in subsection (n)(1)(A)’’; 

12 (B) by redesignating clauses (i) through 

13 (ix) as clauses (iv) through (xii), respectively; 

14 (C) by inserting before clause (iv), as so 

15 redesignated, the following: 

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

17 principal and interest due on the loans made to the 

18 borrower under part B, D, or E; 

19 ‘‘(ii) an explanation of the grace period pre20 ceding repayment and the expected date that the 

21 borrower will enter repayment; 

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

23 option to pay any interest that has accrued while the 

24 borrower was in school or that may accrue during 

25 the grace period preceding repayment or during an 


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1 authorized period of deferment or forbearance, prior 

2 to the capitalization of the interest;’’; 

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

4 (i) by striking ‘‘sample information 

5 showing the average’’ and inserting ‘‘infor6 mation, based on the borrower’s out7 standing balance described in clause (i), 

8 showing the borrower’s’’; and 

9 (ii) by striking ‘‘of each plan’’ and in10 serting ‘‘of at least the standard repay11 ment plan and the income-based repay12 ment plan under section 493C’’; 

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

14 (i) by inserting ‘‘decreased credit 

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

16 (ii) by inserting ‘‘reduced ability to 

17 rent or purchase a home or car, potential 

18 difficulty in securing employment,’’ after 

19 ‘‘Federal law,’’; 

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

21 striking ‘‘consolidation loan under section 428C 

22 or a’’; 

23 (G) in clauses (xi) and (xii), as so redesig24 nated, by striking ‘‘and’’ at the end; and 

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


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

2 under part B, D, or E for which the borrower is re3 ceiving counseling under this subsection, the contact 

4 information for the loan servicer of the loan and a 

5 link to such servicer’s Website; and 

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

7 right to annually request a disclosure of information 

8 collected by a consumer reporting agency pursuant 

9 to section 612(a) of the Fair Credit Reporting Act 

10 (15 U.S.C. 1681j(a)).’’; 

11 (2) in paragraph (1)(B)— 

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

13 writing’’; and 

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

15 the following: ‘‘, except that in the case of an 

16 institution using the online counseling tool de17 scribed in subsection (n)(1)(A), the Secretary 

18 shall attempt to provide such information to the 

19 student in the manner described in subsection 

20 (n)(3)(C)’’; and 

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

22 the online counseling tool described in subsection 

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


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1 SEC. 4. ONLINE COUNSELING TOOLS. 

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

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

4 the following: 

5 ‘‘(n) ONLINE COUNSELING TOOLS.— 

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

7 year after the date of enactment of the Empowering 

8 Students Through Enhanced Financial Counseling 

9 Act, the Secretary shall maintain— 

10 ‘‘(A) an online counseling tool that pro11 vides the exit counseling required under sub12 section (b) and meets the applicable require13 ments of this subsection; and 

14 ‘‘(B) an online counseling tool that pro15 vides the annual counseling required under sub16 section (l) and meets the applicable require17 ments of this subsection. 

18 ‘‘(2) REQUIREMENTS OF TOOLS.—In maintain19 ing the online counseling tools described in para20 graph (1), the Secretary shall ensure that each such 

21 tool is— 

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

23 other relevant Federal agencies, to ensure that 

24 the tool is effective in helping individuals under25 stand their rights and obligations with respect 


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1 to borrowing a loan made under part D or re2 ceiving a Federal Pell Grant; 

3 ‘‘(B) understandable to students receiving 

4 Federal Pell Grants and borrowers of loans 

5 made under part D; and 

6 ‘‘(C) freely available to all eligible institu7 tions. 

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

9 The Secretary shall— 

10 ‘‘(A) use each online counseling tool de11 scribed in paragraph (1) to keep a record of 

12 which individuals have received counseling using 

13 the tool, and notify the applicable institutions 

14 of the individual’s completion of such coun15 seling; 

16 ‘‘(B) in the case of a borrower who re17 ceives annual counseling for a loan made under 

18 part D using the tool described in paragraph 

19 (1)(B), notify the borrower by when the bor20 rower should accept, in a manner described in 

21 subsection (l)(6), the loan for which the bor22 rower has received such counseling; and 

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

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

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1 graph (1)(A) of this subsection, the Secretary 

2 shall attempt to provide the information de3 scribed in subsection (b)(1)(A) to the borrower 

4 through such tool.’’. 

5 SEC. 5. LONGITUDINAL STUDY ON THE EFFECTIVENESS OF 

6 STUDENT LOAN COUNSELING. 

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

8 date of enactment of this Act, the Secretary of Education, 

9 acting through the Director of the Institute of Education 

10 Sciences, shall begin conducting a rigorous, longitudinal 

11 study of the impact and effectiveness of the student loan 

12 counseling— 

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

14 of section 485 of the Higher Education Act of 1965 

15 (20 U.S.C. 1092), as amended by this Act; and 

16 (2) provided through such other means as the 

17 Secretary of Education may determine. 

18 (b) CONTENTS.— 

19 (1) BORROWER INFORMATION.—The longitu20 dinal study carried out under subsection (a) shall in21 clude borrower information, in the aggregate and 

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

23 status as an individual with a disability, on— 

24 (A) student persistence; 

25 (B) degree attainment; 


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1 (C) program completion; 

2 (D) successful entry into student loan re3 payment; 

4 (E) cumulative borrowing levels; and 

5 (F) such other factors as the Secretary of 

6 Education may determine. 

7 (2) EXCEPTION.—The disaggregation under 

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

9 which the number of borrowers in a category is in10 sufficient to yield statistically reliable information or 

11 the results would reveal personally identifiable infor12 mation about an individual borrower. 

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

14 after the commencement of the study under subsection 

15 (a), and annually thereafter, the Secretary of Education 

16 shall evaluate the progress of the study and report any 

17 short-term findings to the appropriate committees of Con18 gress. 

19 SEC. 6. AVAILABILITY OF FUNDS. 

20 (a) USE OF EXISTING FUNDS.—Of the amount au21 thorized to be appropriated for maintaining the Depart22 ment of Education’s Financial Awareness Counseling 

23 Tool, $2,000,000 shall be available to carry out this Act 

24 and the amendments made by this Act. 


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1 (b) NO ADDITIONAL FUNDS AUTHORIZED.—No 

2 funds are authorized to be appropriated by this Act to 

3 carry out this Act or the amendments made by this Act. 

Æ 


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