H.R. 1635House115th Congress (2017-2019)Passed House

Empowering Students Through Enhanced Financial Counseling Act

Introduced March 20, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:12 PM UTC

The Empowering Students Through Enhanced Financial Counseling Act amends the Higher Education Act to require annual financial‑aid counseling for students receiving Pell Grants or federal loans, expands exit counseling requirements, creates free online counseling tools, and mandates a study on counseling effectiveness. It applies to eligible colleges and universities, students who receive federal aid, and borrowers of federal student loans.

Key Provisions

  • Institutions must provide yearly counseling to Pell Grant recipients and loan borrowers, either in person, online, or via a new online tool, covering budgeting, rights, income data, and resources.
  • Detailed counseling content is required for Pell Grants, Direct Loans, and Parent PLUS loans, including loan terms, repayment options, consequences of default, and contact information for aid offices.
  • Borrowers must formally accept loans after counseling by signing the Master Promissory Note or an electronic statement.
  • Exit counseling must include a summary of loan balances, grace period details, interest‑payment options, warnings about third‑party debt‑relief companies, and loan servicer contact info.
  • The Secretary of Education must develop and maintain free online counseling tools for both annual and exit counseling, track completion, and notify schools of counseling completion.
  • A longitudinal study of counseling impact must be conducted, reporting on student persistence, degree completion, repayment, borrowing levels, and other factors, with annual reports to Congress.
  • $2 million from existing counseling‑tool funds is allocated for implementation; no additional funding is authorized.

Legislative Activity

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27 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

September 6, 2018

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HouseIntro Referral

Introduced in House

March 20, 2017

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

March 20, 2017

HouseFloor

Rules Committee Resolution H. Res. 1049 Reported to House. The resolution provides for one hour of general debate on both H.R. 1635 and H.R. 4606. Also, the resolution provides for a motion to recommit with or without instructions for both bills.

September 4, 2018 • 7:21 PM

HouseFloor

Considered under the provisions of rule H. Res. 1049. (consideration: CR H7850-7861; text of measure as reported: CR H7853-7855)

September 5, 2018 • 2:27 PM

HouseFloor

The resolution provides for one hour of general debate on both H.R. 1635 and H.R. 4606. Also, the resolution provides for a motion to recommit with or without instructions for both bills.

September 5, 2018 • 2:27 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1049 and Rule XVIII.

September 5, 2018 • 2:27 PM

HouseFloor

The Speaker designated the Honorable Harold Rogers to act as Chairman of the Committee.

September 5, 2018 • 2:27 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1635.

September 5, 2018 • 2:28 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Stefanik amendment No. 1.

September 5, 2018 • 2:59 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (FL) amendment No. 2.

September 5, 2018 • 3:05 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the O'Halleran amendment No. 3.

September 5, 2018 • 3:09 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Lewis (MN) amendment No. 4.

September 5, 2018 • 3:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Allen amendment No. 5.

September 5, 2018 • 3:21 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Hartzler amendment No. 6.

September 5, 2018 • 3:25 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1049, the Committee of the Whole proceeded with 10 minutes of debate on the Jayapal amendment No. 7.

September 5, 2018 • 3:31 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1635.

September 5, 2018 • 3:37 PM

HouseFloor

The previous question was ordered pursuant to the rule.

September 5, 2018 • 3:38 PM

HouseFloor

Mr. Lamb moved to recommit with instructions to the Committee on Education and the Workforce. (text: CR H7861)

September 5, 2018 • 3:38 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Lamb motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding the status as a recipient of assistance under the tuition assistance program conducted by DOD or other authorities available to the DOD or veterans' education benefits.

September 5, 2018 • 3:39 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

September 5, 2018 • 3:43 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Lamb motion to recommit, the Chair put the question on adoption of the motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Lamb demanded the yeas and nays and the Chair postponed further proceedings under later in the legislative day.

September 5, 2018 • 3:43 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7862)

September 5, 2018 • 5:06 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 224 (Roll no. 384).

September 5, 2018 • 5:32 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7863-7864)

September 5, 2018 • 5:42 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 406 - 4 (Roll no. 385).

September 5, 2018 • 5:52 PM

HouseFloor

On passage Passed by the Yeas and Nays: 406 - 4 (Roll no. 385).

September 5, 2018 • 5:52 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 5, 2018 • 5:52 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

September 6, 2018

Amendments

7 amendments

Offered to this bill

H.Amdt. 961Sep 5, 2018

An amendment numbered 7 printed in Part A of House Report 115-919 to add requirement that student loan exit counseling includes a warning about illegitimate third-party debt relief companies, which offer services for a fee already provided to borrowers free of charge through loan servicers.

On agreeing to the Jayapal amendment (A007) Agreed to by voice vote. · Sponsored by Pramila Jayapal

H.Amdt. 960Sep 5, 2018

An amendment numbered 6 printed in Part A of House Report 115-919 to encourage institutions of higher education to have students att end in-person loan counseling sessions.

On agreeing to the Hartzler amendment (A006) Agreed to by voice vote. · Sponsored by Vicky Hartzler

H.Amdt. 959Sep 5, 2018

An amendment numbered 5 printed in Part A of House Report 115-919 to provide that nothing prohibits institutions from providing additional financial counseling.

On agreeing to the Allen amendment (A005) Agreed to by voice vote. · Sponsored by Rick W. Allen

H.Amdt. 958Sep 5, 2018

An amendment numbered 4 printed in Part A of House Report 115-919 to clarify all payment options for Parent PLUS loans and notify Parent PLUS borrowers that their dependent may qualify for and should consider scholarships, grants, and federal work-study jobs prior to borrowing.

On agreeing to the Lewis (MN) amendment (A004) Agreed to by voice vote. · Sponsored by Jason Lewis

H.Amdt. 957Sep 5, 2018

An amendment numbered 3 printed in Part A of House Report 115-919 to require counseling to disclose the anticipated monthly payment to borrowers for any income-driven repayment plan for which they are eligible, improving borrowers' awareness of income-driven repayment plan options.

On agreeing to the O'Halleran amendment (A003) Agreed to by voice vote. · Sponsored by Tom O'Halleran

H.Amdt. 956Sep 5, 2018

An amendment numbered 2 printed in Part A of House Report 115-919 to require institutions of higher education, as part of the annual counseling process mandated by the bill, to inform a student borrower that the loan amounts the student uses during an academic term will count towards the student's aggregate loan amounts, regardless of whether the credits transfer.

On agreeing to the Murphy (FL) amendment (A002) Agreed to by voice vote. · Sponsored by Stephanie N. Murphy

H.Amdt. 955Sep 5, 2018

An amendment numbered 1 printed in Part A of House Report 115-919 to provide all students with an explanation of how to seek additional assistance from the financial aid office should they experience a change of financial circumstance. Additionally, the amendment would specify that a borrower receives the loan amount they requested.

On agreeing to the Stefanik amendment (A001) Agreed to by voice vote. · Sponsored by Elise M. Stefanik

Floor Debate

24 members

What members said about H.R. 1635 on the floor

14 Republicans10 Democrats
Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Sep 5, 2018

Mr. Chairman, I yield myself such time as I may consume. Mr. Chair, I rise today in support of the Empowering Students Through Enhanced Financial Counseling Act, a bill I introduced with Congressman…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Sep 5, 2018

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 1635. Mr. Chairman, I yield myself…

Liz Cheney
Rep. Liz CheneyR-WY · Sep 5, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1049 and ask for its immediate consideration. Mr. Speaker, during consideration of this resolution all time yielded is…

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Sep 5, 2018

Mr. Speaker, I thank the gentlewoman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. As we return to the Capitol this week, there remains countless crises…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Sep 5, 2018

Mr. Speaker, I thank Congresswoman Torres for her leadership and Ms. Cheney for her hard work on the Rules Committee. Mr. Speaker, in 1965, when President Lyndon Johnson signed the Higher Education…

Show 8 more
Rick W. Allen
Rep. Rick W. AllenR-GA-12 · Sep 5, 2018

Mr. Chairman, I thank Chairman Guthrie for his work on this important legislation. I rise today in strong support of H.R. 1635, the Empowering Students Through Enhanced Financial Counseling Act. As…

Stephanie N. Murphy
Rep. Stephanie N. MurphyD-FL-7 · Sep 5, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of my amendment to H.R. 1635, the Empowering Students Through…

Jason Lewis
Rep. Jason LewisR-MN-2 · Sep 5, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, we currently have over $1.4 trillion in student debt, a burden that too many carry with them well after their time on campus, delaying…

Pramila Jayapal
Rep. Pramila JayapalD-WA-7 · Sep 5, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise in strong support of my amendment, which simply adds to the requirements for student loan exit counseling in the underlying bill. I…

Elise M. Stefanik
Rep. Elise M. StefanikR-NY-21 · Sep 5, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I thank Chairwoman Foxx. Today, young Americans are burdened with more than $1.4 trillion in student debt. As the cost of college tuition…

Bill Johnson
Rep. Bill JohnsonR-OH-6 · Sep 5, 2018

Mr. Speaker, I thank Madam Chairwoman for recognizing me. Mr. Speaker, I represent rural eastern and southeastern Ohio, which is no stranger to the benefits of natural gas. It sits on top of the…

David P. Roe
Rep. David P. RoeR-TN-1 · Sep 5, 2018

Mr. Chairman, I thank the gentleman. Mr. Chair, I rise today in support of H.R. 1635, the Empowering Students Through Enhanced Financial Counseling Act. I am a proud cosponsor of the bill and believe…

Conor Lamb
Rep. Conor LambD-PA-18 · Sep 5, 2018

Mr. Speaker, I have a motion to recommit at the desk. I am opposed in its current form. Mr. Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to…

Show 11 more
Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · Sep 5, 2018

Mr. Chairman, I offer an amendment. Mr. Chairman, I rise today to offer an amendment that would encourage colleges and universities to offer face-to-face loan counseling. As students arrive at…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Sep 5, 2018

Mr. Speaker, distinguished Members, and guests. It is my privilege to welcome Congressman Troy Balderson to represent Ohio's 12th District, succeeding Representative Pat Tiberi, who chose to retire…

Tom O'Halleran
Rep. Tom O'HalleranD-AZ-1 · Sep 5, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, college affordability and the student loan crisis affect every community across our Nation. The decisions that young people are forced to…

Ron Estes
Rep. Ron EstesR-KS-4 · Sep 5, 2018

Mr. Chairman, I rise in support of H.R. 1635, the Empowering Students Through Enhanced Financial Counseling Act. As a member of the Committee on Education and the Workforce and a father of three, I…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Sep 5, 2018

Mr. Chair, I thank the gentleman from Kentucky for yielding time. Mr. Chair, the 115th Congress has been a landmark time for the Committee on Education and the Workforce. Committee members have come…

Clay Higgins
Rep. Clay HigginsR-LA-3 · Sep 5, 2018

Mr. Speaker, I rise today in support of the rule providing for consideration of H.R. 4606, the Ensuring Small Scale LNG Certainty and Access Act. Mr. Speaker, the United States is currently…

Ami Bera
Rep. Ami BeraD-CA-7 · Sep 5, 2018

Mr. Chairman, I thank my good friend from Arizona (Mr. O'Halleran) for yielding. Mr. Chairman, I rise today in support of our amendment to H.R. 1635. Our amendment is simple. It would ensure that…

A. Drew Ferguson IV
Rep. A. Drew Ferguson IVR-GA-3 · Sep 5, 2018

Mr. Chairman, I rise today in support of H.R. 1635 because our country is facing a student debt crisis. In fact, nearly 580,000 student borrowers defaulted on their loans in just the last year. This…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Sep 5, 2018

Mr. Speaker, I thank the gentlewoman for yielding. As the dean of the Ohio Republican delegation, I rise to welcome the newest Buckeye to our delegation, Troy Balderson. Troy was born and raised in…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Sep 5, 2018

Mr. Chairman, I rise today in strong support of the Empowering Students Through Enhanced Financial Counseling Act. For families in Michigan who are struggling to make ends meet, figuring out how to…

Dina Titus
Rep. Dina TitusD-NV-1 · Sep 10, 2018

Mr. Speaker, I was absent September 4, 2018 through September 7, 2018. If I were present, I would have voted on the following: Tuesday, September 4, 2018 Roll no. 380--H.R. 6157--On Motion to…

Bill Text

3 versions available

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Latest
Referred in SenateIssued September 6, 2018

IIB

115th CONGRESS

2d Session

H. R. 1635

IN THE SENATE OF THE UNITED STATES

September 6, 2018

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To amend the loan counseling requirements under the Higher Education Act of 1965, and for other purposes.

1.

Short title

This Act may be cited as the Empowering Students Through Enhanced Financial Counseling Act.

2.

Annual counseling

Section 485(l) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)) is amended to read as follows:

(l)

Annual financial aid counseling

(1)

Annual disclosure required

(A)

In general

Each eligible institution shall ensure that each individual who receives a Federal Pell Grant or a loan made under part D (other than a Federal Direct Consolidation Loan) receives comprehensive information on the terms and conditions of such Federal Pell Grant or loan and the responsibilities the individual has with respect to such Federal Pell Grant or loan. Such information shall be provided, for each award year for which the individual receives such Federal Pell Grant or loan, in a simple and understandable manner—

(i)

during a counseling session conducted in person;

(ii)

online, with the individual acknowledging receipt of the information; or

(iii)

through the use of the online counseling tool described in subsection (n)(1)(B).

(B)

Use of interactive programs

In the case of institutions not using the online counseling tool described in subsection (n)(1)(B), the Secretary shall require such institutions to carry out the requirements of subparagraph (A) through the use of interactive programs, during an annual counseling session that is in-person or online, that test the individual’s understanding of the terms and conditions of the Federal Pell Grant or loan awarded to the individual, using simple and understandable language and clear formatting.

(2)

All individuals

The information to be provided under paragraph (1)(A) to each individual receiving counseling under this subsection shall include the following:

(A)

An explanation of how the individual may budget for typical educational expenses and a sample budget based on the cost of attendance for the institution.

(B)

An explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)).

(C)

Based on the most recent data available from the American Community Survey available from the Department of Commerce, the estimated average income and percentage of employment in the State of domicile of the individual for individuals with—

(i)

a high school diploma or equivalent;

(ii)

some post-secondary education without completion of a degree or certificate; and

(iii)

a bachelor’s degree.

(D)

An introduction to the financial management resources provided by the Financial Literacy and Education Commission.

(E)

An explanation of how the student may seek additional financial assistance from the institution’s financial aid office due to a change in the student’s financial circumstances, and the contact information for such office.

(3)

Students receiving Federal Pell Grants

The information to be provided under paragraph (1)(A) to each student receiving a Federal Pell Grant shall include the following:

(A)

An explanation of the terms and conditions of the Federal Pell Grant.

(B)

An explanation of approved educational expenses for which the student may use the Federal Pell Grant.

(C)

An explanation of why the student may have to repay the Federal Pell Grant.

(D)

An explanation of the maximum number of semesters or equivalent for which the student may be eligible to receive a Federal Pell Grant, and a statement of the amount of time remaining for which the student may be eligible to receive a Federal Pell Grant.

(E)

An explanation that, in the case of a student who transfers to another institution, the amount of time remaining for which a student may be eligible to receive a Federal Pell Grant, as provided under subparagraph (D), will not change, regardless of whether all of the courses completed by such student are accepted for purposes of meeting specific degree or program requirements by the institution to which such student transfer.

(4)

Borrowers receiving loans made under part D (other than Parent PLUS Loans)

The information to be provided under paragraph (1)(A) to a borrower of a loan made under part D (other than a Federal Direct PLUS Loan made on behalf of a dependent student) shall include the following:

(A)

To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.

(B)

An explanation of the use of the master promissory note.

(C)

An explanation that the borrower is not required to accept the full amount of the loan offered to the borrower.

(D)

An explanation that the borrower should consider accepting any grant, scholarship, or State or Federal work-study jobs for which the borrower is eligible prior to accepting Federal student loans.

(E)

A recommendation to the borrower to exhaust the borrower’s Federal student loan options prior to taking out private education loans, an explanation that Federal student loans typically offer better terms and conditions than private education loans, an explanation of treatment of loans made under part D and private education loans in bankruptcy, and an explanation that if a borrower decides to take out a private education loan—

(i)

the borrower has the ability to select a private educational lender of the borrower’s choice;

(ii)

the proposed private education loan may impact the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title; and

(iii)

the borrower has a right—

(I)

to accept the terms of the private education loan within 30 calendar days following the date on which the application for such loan is approved and the borrower receives the required disclosure documents, pursuant to section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)); and

(II)

to cancel such loan within 3 business days of the date on which the loan is consummated, pursuant to section 128(e)(7) of such Act (15 U.S.C. 1638(e)(7)).

(F)

An explanation of the approved educational expenses for which the borrower may use a loan made under part D.

(G)

Information on the annual and aggregate loan limits for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans.

(H)

An explanation that, in the case of a student who transfers to another institution, the loan amounts such student received before such transfer shall be used in determining the aggregate loan amount of the student, regardless of whether all of the courses completed by such student are accepted for purposes of meeting specific degree or program requirements by the institution to which such student transfers.

(I)

Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.

(J)

In the case of a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan, the option of the borrower to pay the interest while the borrower is in school.

(K)

The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining at least half-time enrollment.

(L)

An explanation of the importance of contacting the appropriate offices at the institution of higher education if the borrower withdraws prior to completing the borrower's program of study so that the institution can provide exit counseling, including information regarding the borrower's repayment options and loan consolidation.

(M)

For a first-time borrower—

(i)

a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection;

(ii)

based on such anticipated balance, the anticipated monthly payment amount under, at minimum—

(I)

the standard repayment plan; and

(II)

the income-driven repayment plans the borrower is eligible for, as determined using regionally available data from the Bureau of Labor Statistics of the average starting salary for the occupation in which the borrower has an interest in or intends to be employed; and

(iii)

an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on the average cumulative indebtedness at graduation for borrowers of loans made under part D who are in the same program of study as the borrower.

(N)

For a borrower with an outstanding balance of principal or interest due on a loan made under this title—

(i)

a current statement of the amount of such outstanding balance and interest accrued;

(ii)

based on such outstanding balance, the anticipated monthly payment amount under, at minimum, the standard repayment plan and, using regionally available data from the Bureau of Labor Statistics of the average starting salary for the occupation the borrower intends to be employed, the income-driven repayment plans the borrower is eligible for; and

(iii)

an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on—

(I)

the outstanding balance described in clause (i);

(II)

the anticipated outstanding balance on the loan for which the student is receiving counseling under this subsection; and

(III)

a projection for any other loans made under part D that the borrower is reasonably expected to accept during the borrower’s program of study based on at least the expected increase in the cost of attendance of such program.

(O)

The obligation of the borrower to repay the full amount of the loan, regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion.

(P)

The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation, and a notice of the institution’s most recent cohort default rate (defined in section 435(m)), an explanation of the cohort default rate, the most recent national average cohort default rate, and the most recent national average cohort default rate for the category of institution described in section 435(m)(4) to which the institution belongs.

(Q)

Information on the National Student Loan Data System and how the borrower can access the borrower's records.

(R)

The contact information for the institution’s financial aid office or other appropriate office at the institution the borrower may contact if the borrower has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan.

(5)

Borrowers receiving Parent PLUS Loans for dependent students

The information to be provided under paragraph (1)(A) to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student shall include the following:

(A)

The information described in subparagraphs (A) through (C) and (O) through (R) of paragraph (4).

(B)

A notification that some students may qualify for other financial aid and an explanation that the student for whom the borrower is taking out the loan should consider accepting any grant, scholarship, or State or Federal work-study jobs for which such student is eligible prior to borrowing Parent PLUS Loans.

(C)

For a first-time borrower of such loan—

(i)

a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection;

(ii)

based on such anticipated balance, the anticipated monthly payment amount under the standard repayment plan; and

(iii)

an estimate of the projected monthly payment amount under the standard repayment plan, based on the average cumulative indebtedness of other borrowers of Federal Direct PLUS Loans made on behalf of dependent students who are in the same program of study as the student on whose behalf the borrower borrowed the loan.

(D)

For a borrower with an outstanding balance of principal or interest due on such loan—

(i)

a statement of the amount of such outstanding balance;

(ii)

based on such outstanding balance, the anticipated monthly payment amount under the standard repayment plan; and

(iii)

an estimate of the projected monthly payment amount under the standard repayment plan, based on—

(I)

the outstanding balance described in clause (i);

(II)

the anticipated outstanding balance on the loan for which the borrower is receiving counseling under this subsection; and

(III)

a projection for any other Federal Direct PLUS Loan made on behalf of the dependent student that the borrower is reasonably expected to accept during the program of study of such student based on at least the expected increase in the cost of attendance of such program.

(E)

Debt management strategies that are designed to facilitate the repayment of such indebtedness.

(F)

An explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, pay each loan while the dependent child is still in school, pay the interest on the loan while the loan is in deferment, and change repayment plans.

(G)

For each Federal Direct PLUS Loan made on behalf of a dependent student for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s Website.

(6)

Annual loan acceptance

Prior to making the first disbursement of a loan made under part D (other than a Federal Direct Consolidation Loan) to a borrower for an award year, an eligible institution, shall, as part of carrying out the counseling requirements of this subsection for the loan, ensure that after receiving the applicable counseling under paragraphs (2), (4), and (5) for the loan the borrower accepts the loan for such award year and for such amount as is specified by the borrower by—

(A)

signing the master promissory note for the loan;

(B)

signing and returning to the institution a separate written statement that affirmatively states that the borrower accepts the loan; or

(C)

electronically signing an electronic version of the statement described in subparagraph (B).

(7)

Construction

Nothing in this section shall be construed to prohibit an eligible institution from providing additional information and counseling services to recipients of Federal student aid under this title, provided that any additional information and counseling services for recipients of Federal student aid shall not preclude or be considered a condition for disbursement of such aid.

(8)

Counseling sessions conducted in person

Institutions of higher education may encourage individuals to attend in-person loan counseling sessions under paragraph (1)(A).

.

3.

Exit Counseling

Section 485(b) of the Higher Education Act of 1965 (20 U.S.C. 1092(b)) is amended—

(1)

in paragraph (1)(A)—

(A)

in the matter preceding clause (i), by striking through financial aid offices or otherwise and inserting through the use of an interactive program, during an exit counseling session that is in-person or online, or through the use of the online counseling tool described in subsection (n)(1)(A);

(B)

by redesignating clauses (i) through (ix) as clauses (v) through (xiii), respectively;

(C)

by inserting before clause (v), as so redesignated, the following:

(i)

a summary of the outstanding balance of principal and interest due on the loans made to the borrower under part B, D, or E;

(ii)

an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment;

(iii)

an explanation that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of deferment or forbearance, prior to the capitalization of the interest;

(iv)

an explanation that the borrower may be approached during the repayment process by third-party student debt relief companies, that they should use caution in any such dealings, and that the typical services provided by these companies are already offered to borrowers free of charge through servicers;

;

(D)

in clause (v), as so redesignated—

(i)

by striking sample information showing the average and inserting information, based on the borrower’s outstanding balance described in clause (i), showing the borrower’s; and

(ii)

by striking of each plan and inserting of at least the standard repayment plan and the income-driven repayment plans the borrower is eligible for;

(E)

in clause (x), as so redesignated—

(i)

by inserting decreased credit score, after credit reports,; and

(ii)

by inserting reduced ability to rent or purchase a home or car, potential difficulty in securing employment, after Federal law,;

(F)

in clause (xi), as so redesignated, by striking consolidation loan under section 428C or a;

(G)

in clauses (xii) and (xiii), as so redesignated, by striking and at the end; and

(H)

by adding at the end the following:

(xiv)

for each of the borrower’s loans made under part B, D, or E for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s Website; and

(xv)

an explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)).

;

(2)

in paragraph (1)(B)—

(A)

by inserting online or before in writing; and

(B)

by adding before the period at the end the following: , except that in the case of an institution using the online counseling tool described in subsection (n)(1)(A), the Secretary shall attempt to provide such information to the student in the manner described in subsection (n)(3)(C); and

(3)

in paragraph (2)(C), by inserting , such as the online counseling tool described in subsection (n)(1)(A), after electronic means.

4.

Online counseling tools

Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is further amended by adding at the end the following:

(n)

Online counseling tools

(1)

In general

Beginning not later than 1 year after the date of enactment of the Empowering Students Through Enhanced Financial Counseling Act, the Secretary shall maintain—

(A)

an online counseling tool that provides the exit counseling required under subsection (b) and meets the applicable requirements of this subsection; and

(B)

an online counseling tool that provides the annual counseling required under subsection (l) and meets the applicable requirements of this subsection.

(2)

Requirements of tools

In maintaining the online counseling tools described in paragraph (1), the Secretary shall ensure that each such tool is—

(A)

consumer tested, in consultation with other relevant Federal agencies, to ensure that the tool is effective in helping individuals understand their rights and obligations with respect to borrowing a loan made under part D or receiving a Federal Pell Grant;

(B)

understandable to students receiving Federal Pell Grants and borrowers of loans made under part D; and

(C)

freely available to all eligible institutions.

(3)

Record of counseling completion

The Secretary shall—

(A)

use each online counseling tool described in paragraph (1) to keep a record of which individuals have received counseling using the tool, and notify the applicable institutions of the individual’s completion of such counseling;

(B)

in the case of a borrower who receives annual counseling for a loan made under part D using the tool described in paragraph (1)(B), notify the borrower by when the borrower should accept, in a manner described in subsection (l)(6), the loan for which the borrower has received such counseling; and

(C)

in the case of a borrower described in subsection (b)(1)(B) at an institution that uses the online counseling tool described in paragraph (1)(A) of this subsection, the Secretary shall attempt to provide the information described in subsection (b)(1)(A) to the borrower through such tool.

.

5.

Longitudinal study on the effectiveness of student loan counseling

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall begin conducting a rigorous, longitudinal study of the impact and effectiveness of the student loan counseling—

(1)

provided under subsections (b), (l), and (n) of section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092), as amended by this Act; and

(2)

provided through such other means as the Secretary of Education may determine.

(b)

Contents

(1)

Borrower information

The longitudinal study carried out under subsection (a) shall include borrower information, in the aggregate and disaggregated by race, ethnicity, gender, income, and status as an individual with a disability, on—

(A)

student persistence;

(B)

degree attainment;

(C)

program completion;

(D)

successful entry into student loan repayment;

(E)

cumulative borrowing levels; and

(F)

such other factors as the Secretary of Education may determine.

(2)

Exception

The disaggregation under paragraph (1) shall not be required in a case in which the number of borrowers in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual borrower.

(c)

Interim Reports

Not later than 18 months after the commencement of the study under subsection (a), and annually thereafter, the Secretary of Education shall evaluate the progress of the study and report any short-term findings to the appropriate committees of Congress.

6.

Availability of funds

(a)

Use of existing funds

Of the amount authorized to be appropriated for maintaining the Department of Education’s Financial Awareness Counseling Tool, $2,000,000 shall be available to carry out this Act and the amendments made by this Act.

(b)

No additional funds authorized

No funds are authorized to be appropriated by this Act to carry out this Act or the amendments made by this Act.

Passed the House of Representatives September 5, 2018.

Karen L. Haas,

Clerk.