115TH CONGRESS 

2D SESSION H. R. 1635 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Empowering Students 

3 Through Enhanced Financial Counseling Act’’. 

4 SEC. 2. ANNUAL COUNSELING. 

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

6 (20 U.S.C. 1092(l)) is amended to read as follows: 

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

8 ‘‘(1) ANNUAL DISCLOSURE REQUIRED.— 

9 ‘‘(A) IN GENERAL.—Each eligible institu10 tion shall ensure that each individual who re11 ceives a Federal Pell Grant or a loan made 

12 under part D (other than a Federal Direct Con13 solidation Loan) receives comprehensive infor14 mation on the terms and conditions of such 

15 Federal Pell Grant or loan and the responsibil16 ities the individual has with respect to such 

17 Federal Pell Grant or loan. Such information 

18 shall be provided, for each award year for which 

19 the individual receives such Federal Pell Grant 

20 or loan, in a simple and understandable man21 ner— 

22 ‘‘(i) during a counseling session con23 ducted in person; 

24 ‘‘(ii) online, with the individual ac25 knowledging receipt of the information; or 
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1 ‘‘(iii) through the use of the online 

2 counseling tool described in subsection 

3 (n)(1)(B). 

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

5 In the case of institutions not using the online 

6 counseling tool described in subsection 

7 (n)(1)(B), the Secretary shall require such in8 stitutions to carry out the requirements of sub9 paragraph (A) through the use of interactive 

10 programs, during an annual counseling session 

11 that is in-person or online, that test the individ12 ual’s understanding of the terms and conditions 

13 of the Federal Pell Grant or loan awarded to 

14 the individual, using simple and understandable 

15 language and clear formatting. 

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

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

18 receiving counseling under this subsection shall in19 clude the following: 

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

21 may budget for typical educational expenses 

22 and a sample budget based on the cost of at23 tendance for the institution. 

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

25 a right to annually request a disclosure of infor-
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1 mation collected by a consumer reporting agen2 cy pursuant to section 612(a) of the Fair Credit 

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

4 ‘‘(C) Based on the most recent data avail5 able from the American Community Survey 

6 available from the Department of Commerce, 

7 the estimated average income and percentage of 

8 employment in the State of domicile of the indi9 vidual for individuals with— 

10 ‘‘(i) a high school diploma or equiva11 lent; 

12 ‘‘(ii) some post-secondary education 

13 without completion of a degree or certifi14 cate; and 

15 ‘‘(iii) a bachelor’s degree. 

16 ‘‘(D) An introduction to the financial man17 agement resources provided by the Financial 

18 Literacy and Education Commission. 

19 ‘‘(E) An explanation of how the student 

20 may seek additional financial assistance from 

21 the institution’s financial aid office due to a 

22 change in the student’s financial circumstances, 

23 and the contact information for such office. 

24 ‘‘(3) STUDENTS RECEIVING FEDERAL PELL

25 GRANTS.—The information to be provided under 
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1 paragraph (1)(A) to each student receiving a Fed2 eral Pell Grant shall include the following: 

3 ‘‘(A) An explanation of the terms and con4 ditions of the Federal Pell Grant. 

5 ‘‘(B) An explanation of approved edu6 cational expenses for which the student may use 

7 the Federal Pell Grant. 

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

9 may have to repay the Federal Pell Grant. 

10 ‘‘(D) An explanation of the maximum 

11 number of semesters or equivalent for which the 

12 student may be eligible to receive a Federal Pell 

13 Grant, and a statement of the amount of time 

14 remaining for which the student may be eligible 

15 to receive a Federal Pell Grant. 

16 ‘‘(E) An explanation that, in the case of a 

17 student who transfers to another institution, 

18 the amount of time remaining for which a stu19 dent may be eligible to receive a Federal Pell 

20 Grant, as provided under subparagraph (D), 

21 will not change, regardless of whether all of the 

22 courses completed by such student are accepted 

23 for purposes of meeting specific degree or pro24 gram requirements by the institution to which 

25 such student transfer. 
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1 ‘‘(4) BORROWERS RECEIVING LOANS MADE

2 UNDER PART D (OTHER THAN PARENT PLUS

3 LOANS).—The information to be provided under 

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

5 under part D (other than a Federal Direct PLUS 

6 Loan made on behalf of a dependent student) shall 

7 include the following: 

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

9 of accepting the loan to be disbursed on the eli10 gibility of the borrower for other forms of stu11 dent financial assistance. 

12 ‘‘(B) An explanation of the use of the mas13 ter promissory note. 

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

15 not required to accept the full amount of the 

16 loan offered to the borrower. 

17 ‘‘(D) An explanation that the borrower 

18 should consider accepting any grant, scholar19 ship, or State or Federal work-study jobs for 

20 which the borrower is eligible prior to accepting 

21 Federal student loans. 

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

23 exhaust the borrower’s Federal student loan op24 tions prior to taking out private education 

25 loans, an explanation that Federal student 
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1 loans typically offer better terms and conditions 

2 than private education loans, an explanation of 

3 treatment of loans made under part D and pri4 vate education loans in bankruptcy, and an ex5 planation that if a borrower decides to take out 

6 a private education loan— 

7 ‘‘(i) the borrower has the ability to se8 lect a private educational lender of the bor9 rower’s choice; 

10 ‘‘(ii) the proposed private education 

11 loan may impact the borrower’s potential 

12 eligibility for other financial assistance, in13 cluding Federal financial assistance under 

14 this title; and 

15 ‘‘(iii) the borrower has a right— 

16 ‘‘(I) to accept the terms of the 

17 private education loan within 30 cal18 endar days following the date on 

19 which the application for such loan is 

20 approved and the borrower receives 

21 the required disclosure documents, 

22 pursuant to section 128(e) of the 

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

24 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 

8 use 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 Staf12 ford Loans. 

13 ‘‘(H) An explanation that, in the case of a 

14 student who transfers to another institution, 

15 the loan amounts such student received before 

16 such transfer shall be used in determining the 

17 aggregate loan amount of the student, regard18 less of whether all of the courses completed by 

19 such student are accepted for purposes of meet20 ing specific degree or program requirements by 

21 the institution to which such student transfers. 

22 ‘‘(I) Information on how interest accrues 

23 and is capitalized during periods when the in24 terest is not paid by either the borrower or the 

25 Secretary. 
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1 ‘‘(J) In the case of a Federal Direct PLUS 

2 Loan or a Federal Direct Unsubsidized Staf3 ford Loan, the option of the borrower to pay 

4 the interest while the borrower is in school. 

5 ‘‘(K) The definition of half-time enrollment 

6 at the institution, during regular terms and 

7 summer school, if applicable, and the con8 sequences of not maintaining at least half-time 

9 enrollment. 

10 ‘‘(L) An explanation of the importance of 

11 contacting the appropriate offices at the institu12 tion of higher education if the borrower with13 draws prior to completing the borrower’s pro14 gram of study so that the institution can pro15 vide exit counseling, including information re16 garding the borrower’s repayment options and 

17 loan consolidation. 

18 ‘‘(M) For a first-time borrower— 

19 ‘‘(i) a statement of the anticipated 

20 balance on the loan for which the borrower 

21 is receiving counseling under this sub22 section; 

23 ‘‘(ii) based on such anticipated bal24 ance, the anticipated monthly payment 

25 amount under, at minimum— 
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1 ‘‘(I) the standard repayment 

2 plan; and 

3 ‘‘(II) the income-driven repay4 ment plans the borrower is eligible 

5 for, as determined using regionally 

6 available data from the Bureau of 

7 Labor Statistics of the average start8 ing salary for the occupation in which 

9 the borrower has an interest in or in10 tends to be employed; and 

11 ‘‘(iii) an estimate of the projected 

12 monthly payment amount under each re13 payment plan described in clause (ii), 

14 based on the average cumulative indebted15 ness at graduation for borrowers of loans 

16 made under part D who are in the same 

17 program of study as the borrower. 

18 ‘‘(N) For a borrower with an outstanding 

19 balance of principal or interest due on a loan 

20 made under this title— 

21 ‘‘(i) a current statement of the 

22 amount of such outstanding balance and 

23 interest accrued; 

24 ‘‘(ii) based on such outstanding bal25 ance, the anticipated monthly payment 
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1 amount under, at minimum, the standard 

2 repayment plan and, using regionally avail3 able data from the Bureau of Labor Sta4 tistics of the average starting salary for 

5 the occupation the borrower intends to be 

6 employed, the income-driven repayment 

7 plans the borrower is eligible for; and 

8 ‘‘(iii) an estimate of the projected 

9 monthly payment amount under each re10 payment plan described in clause (ii), 

11 based on— 

12 ‘‘(I) the outstanding balance de13 scribed in clause (i); 

14 ‘‘(II) the anticipated outstanding 

15 balance on the loan for which the stu16 dent is receiving counseling under this 

17 subsection; and 

18 ‘‘(III) a projection for any other 

19 loans made under part D that the 

20 borrower is reasonably expected to ac21 cept during the borrower’s program of 

22 study based on at least the expected 

23 increase in the cost of attendance of 

24 such program. 
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1 ‘‘(O) The obligation of the borrower to 

2 repay the full amount of the loan, regardless of 

3 whether the borrower completes or does not 

4 complete the program in which the borrower is 

5 enrolled within the regular time for program 

6 completion. 

7 ‘‘(P) The likely consequences of default on 

8 the loan, including adverse credit reports, delin9 quent debt collection procedures under Federal 

10 law, and litigation, and a notice of the institu11 tion’s most recent cohort default rate (defined 

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

13 default rate, the most recent national average 

14 cohort default rate, and the most recent na15 tional average cohort default rate for the cat16 egory of institution described in section 

17 435(m)(4) to which the institution belongs. 

18 ‘‘(Q) Information on the National Student 

19 Loan Data System and how the borrower can 

20 access the borrower’s records. 

21 ‘‘(R) The contact information for the insti22 tution’s financial aid office or other appropriate 

23 office at the institution the borrower may con24 tact if the borrower has any questions about the 
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1 borrower’s rights and responsibilities or the 

2 terms and conditions of the loan. 

3 ‘‘(5) BORROWERS RECEIVING PARENT PLUS

4 LOANS FOR DEPENDENT STUDENTS.—The informa5 tion to be provided under paragraph (1)(A) to a bor6 rower of a Federal Direct PLUS Loan made on be7 half of a dependent student shall include the fol8 lowing: 

9 ‘‘(A) The information described in sub10 paragraphs (A) through (C) and (O) through 

11 (R) of paragraph (4). 

12 ‘‘(B) A notification that some students 

13 may qualify for other financial aid and an ex14 planation that the student for whom the bor15 rower is taking out the loan should consider ac16 cepting any grant, scholarship, or State or Fed17 eral work-study jobs for which such student is 

18 eligible prior to borrowing Parent PLUS Loans. 

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

20 loan— 

21 ‘‘(i) a statement of the anticipated 

22 balance on the loan for which the borrower 

23 is receiving counseling under this sub24 section; 
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1 ‘‘(ii) based on such anticipated bal2 ance, the anticipated monthly payment 

3 amount under the standard repayment 

4 plan; and 

5 ‘‘(iii) an estimate of the projected 

6 monthly payment amount under the stand7 ard repayment plan, based on the average 

8 cumulative indebtedness of other borrowers 

9 of Federal Direct PLUS Loans made on 

10 behalf of dependent students who are in 

11 the same program of study as the student 

12 on whose behalf the borrower borrowed the 

13 loan. 

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

15 balance of principal or interest due on such 

16 loan— 

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

18 such outstanding balance; 

19 ‘‘(ii) based on such outstanding bal20 ance, the anticipated monthly payment 

21 amount under the standard repayment 

22 plan; and 

23 ‘‘(iii) an estimate of the projected 

24 monthly payment amount under the stand25 ard repayment plan, based on— 
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1 ‘‘(I) the outstanding balance de2 scribed in clause (i); 

3 ‘‘(II) the anticipated outstanding 

4 balance on the loan for which the bor5 rower is receiving counseling under 

6 this subsection; and 

7 ‘‘(III) a projection for any other 

8 Federal Direct PLUS Loan made on 

9 behalf of the dependent student that 

10 the borrower is reasonably expected to 

11 accept during the program of study of 

12 such student based on at least the ex13 pected increase in the cost of attend14 ance of such program. 

15 ‘‘(E) Debt management strategies that are 

16 designed to facilitate the repayment of such in17 debtedness. 

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

19 the options to prepay each loan, pay each loan 

20 on a shorter schedule, pay each loan while the 

21 dependent child is still in school, pay the inter22 est on the loan while the loan is in deferment, 

23 and change repayment plans. 

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

25 made on behalf of a dependent student for 
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1 which the borrower is receiving counseling 

2 under this subsection, the contact information 

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

4 such servicer’s Website. 

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

6 making the first disbursement of a loan made under 

7 part D (other than a Federal Direct Consolidation 

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

9 institution, shall, as part of carrying out the coun10 seling requirements of this subsection for the loan, 

11 ensure that after receiving the applicable counseling 

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

13 borrower accepts the loan for such award year and 

14 for such amount as is specified by the borrower by— 

15 ‘‘(A) signing the master promissory note 

16 for the loan; 

17 ‘‘(B) signing and returning to the institu18 tion a separate written statement that affirma19 tively states that the borrower accepts the loan; 

20 or 

21 ‘‘(C) electronically signing an electronic 

22 version of the statement described in subpara23 graph (B). 

24 ‘‘(7) CONSTRUCTION.—Nothing in this section 

25 shall be construed to prohibit an eligible institution 
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1 from providing additional information and coun2 seling services to recipients of Federal student aid 

3 under this title, provided that any additional infor4 mation and counseling services for recipients of Fed5 eral student aid shall not preclude or be considered 

6 a condition for disbursement of such aid. 

7 ‘‘(8) COUNSELING SESSIONS CONDUCTED IN

8 PERSON.—Institutions of higher education may en9 courage individuals to attend in-person loan coun10 seling sessions under paragraph (1)(A).’’. 

11 SEC. 3. EXIT COUNSELING. 

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

13 (20 U.S.C. 1092(b)) is amended— 

14 (1) in paragraph (1)(A)— 

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

16 striking ‘‘through financial aid offices or other17 wise’’ and inserting ‘‘through the use of an 

18 interactive program, during an exit counseling 

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

20 the use of the online counseling tool described 

21 in subsection (n)(1)(A)’’; 

22 (B) by redesignating clauses (i) through 

23 (ix) as clauses (v) through (xiii), respectively; 

24 (C) by inserting before clause (v), as so re25 designated, the following: 
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1 ‘‘(i) a summary of the outstanding balance of 

2 principal and interest due on the loans made to the 

3 borrower under part B, D, or E; 

4 ‘‘(ii) an explanation of the grace period pre5 ceding repayment and the expected date that the 

6 borrower will enter repayment; 

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

8 option to pay any interest that has accrued while the 

9 borrower was in school or that may accrue during 

10 the grace period preceding repayment or during an 

11 authorized period of deferment or forbearance, prior 

12 to the capitalization of the interest; 

13 ‘‘(iv) an explanation that the borrower may be 

14 approached during the repayment process by third15 party student debt relief companies, that they should 

16 use caution in any such dealings, and that the typ17 ical services provided by these companies are already 

18 offered to borrowers free of charge through 

19 servicers;’’; 

20 (D) in clause (v), as so redesignated— 

21 (i) by striking ‘‘sample information 

22 showing the average’’ and inserting ‘‘infor23 mation, based on the borrower’s out24 standing balance described in clause (i), 

25 showing the borrower’s’’; and 
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1 (ii) by striking ‘‘of each plan’’ and in2 serting ‘‘of at least the standard repay3 ment plan and the income-driven repay4 ment plans the borrower is eligible for’’; 

5 (E) in clause (x), as so redesignated— 

6 (i) by inserting ‘‘decreased credit 

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

8 (ii) by inserting ‘‘reduced ability to 

9 rent or purchase a home or car, potential 

10 difficulty in securing employment,’’ after 

11 ‘‘Federal law,’’; 

12 (F) in clause (xi), as so redesignated, by 

13 striking ‘‘consolidation loan under section 428C 

14 or a’’; 

15 (G) in clauses (xii) and (xiii), as so redes16 ignated, by striking ‘‘and’’ at the end; and 

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

18 ‘‘(xiv) for each of the borrower’s loans made 

19 under part B, D, or E for which the borrower is re20 ceiving counseling under this subsection, the contact 

21 information for the loan servicer of the loan and a 

22 link to such servicer’s Website; and 

23 ‘‘(xv) an explanation that an individual has a 

24 right to annually request a disclosure of information 

25 collected by a consumer reporting agency pursuant 
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1 to section 612(a) of the Fair Credit Reporting Act 

2 (15 U.S.C. 1681j(a)).’’; 

3 (2) in paragraph (1)(B)— 

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

5 writing’’; and 

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

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

8 institution using the online counseling tool de9 scribed in subsection (n)(1)(A), the Secretary 

10 shall attempt to provide such information to the 

11 student in the manner described in subsection 

12 (n)(3)(C)’’; and 

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

14 the online counseling tool described in subsection 

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

16 SEC. 4. ONLINE COUNSELING TOOLS. 

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

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

19 the following: 

20 ‘‘(n) ONLINE COUNSELING TOOLS.— 

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

22 year after the date of enactment of the Empowering 

23 Students Through Enhanced Financial Counseling 

24 Act, the Secretary shall maintain— 
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1 ‘‘(A) an online counseling tool that pro2 vides the exit counseling required under sub3 section (b) and meets the applicable require4 ments of this subsection; and 

5 ‘‘(B) an online counseling tool that pro6 vides the annual counseling required under sub7 section (l) and meets the applicable require8 ments of this subsection. 

9 ‘‘(2) REQUIREMENTS OF TOOLS.—In maintain10 ing the online counseling tools described in para11 graph (1), the Secretary shall ensure that each such 

12 tool is— 

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

14 other relevant Federal agencies, to ensure that 

15 the tool is effective in helping individuals under16 stand their rights and obligations with respect 

17 to borrowing a loan made under part D or re18 ceiving a Federal Pell Grant; 

19 ‘‘(B) understandable to students receiving 

20 Federal Pell Grants and borrowers of loans 

21 made under part D; and 

22 ‘‘(C) freely available to all eligible institu23 tions. 

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

25 The Secretary shall— 
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1 ‘‘(A) use each online counseling tool de2 scribed in paragraph (1) to keep a record of 

3 which individuals have received counseling using 

4 the tool, and notify the applicable institutions 

5 of the individual’s completion of such coun6 seling; 

7 ‘‘(B) in the case of a borrower who re8 ceives annual counseling for a loan made under 

9 part D using the tool described in paragraph 

10 (1)(B), notify the borrower by when the bor11 rower should accept, in a manner described in 

12 subsection (l)(6), the loan for which the bor13 rower has received such counseling; and 

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

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

16 the online counseling tool described in para17 graph (1)(A) of this subsection, the Secretary 

18 shall attempt to provide the information de19 scribed in subsection (b)(1)(A) to the borrower 

20 through such tool.’’. 

21 SEC. 5. LONGITUDINAL STUDY ON THE EFFECTIVENESS OF 

22 STUDENT LOAN COUNSELING. 

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

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

25 acting through the Director of the Institute of Education 
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1 Sciences, shall begin conducting a rigorous, longitudinal 

2 study of the impact and effectiveness of the student loan 

3 counseling— 

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

5 of section 485 of the Higher Education Act of 1965 

6 (20 U.S.C. 1092), as amended by this Act; and 

7 (2) provided through such other means as the 

8 Secretary of Education may determine. 

9 (b) CONTENTS.— 

10 (1) BORROWER INFORMATION.—The longitu11 dinal study carried out under subsection (a) shall in12 clude borrower information, in the aggregate and 

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

14 status as an individual with a disability, on— 

15 (A) student persistence; 

16 (B) degree attainment; 

17 (C) program completion; 

18 (D) successful entry into student loan re19 payment; 

20 (E) cumulative borrowing levels; and 

21 (F) such other factors as the Secretary of 

22 Education may determine. 

23 (2) EXCEPTION.—The disaggregation under 

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

25 which the number of borrowers in a category is in-
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1 sufficient to yield statistically reliable information or 

2 the results would reveal personally identifiable infor3 mation about an individual borrower. 

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

5 after the commencement of the study under subsection 

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

7 shall evaluate the progress of the study and report any 

8 short-term findings to the appropriate committees of Con9 gress. 

10 SEC. 6. AVAILABILITY OF FUNDS. 

11 (a) USE OF EXISTING FUNDS.—Of the amount au12 thorized to be appropriated for maintaining the Depart13 ment of Education’s Financial Awareness Counseling 

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

15 and the amendments made by this Act. 

16 (b) NO ADDITIONAL FUNDS AUTHORIZED.—No 

17 funds are authorized to be appropriated by this Act to 

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

Passed the House of Representatives September 5, 

2018. 

Attest: 

Clerk. 

115TH CONGRESS 

2D SESSION H. R. 1635 

AN ACT 

To amend the loan counseling requirements under 

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