II 

116TH CONGRESS 

1ST SESSION H. R. 5363 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2019 

Received 

AN ACT 

To reauthorize mandatory funding programs for historically 

Black colleges and universities and other minority-serving 

institutions, 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; REFERENCES. 

2 This Act may be cited as the ‘‘Fostering Under3 graduate Talent by Unlocking Resources for Education 

4 Act’’ or the ‘‘FUTURE Act’’. 

5 SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING IN6 STITUTIONS. 

7 Section 371(b)(1)(A) of the Higher Education Act of 

8 1965 (20 U.S.C. 1067q(b)(1)(A)) is amended by striking 

9 ‘‘for each of the fiscal years 2008 through 2019.’’ and all 

10 that follows through the end of the subparagraph and in11 serting ‘‘for fiscal year 2020 and each fiscal year there12 after.’’. 

13 SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMA14 TION TO CARRY OUT THE HIGHER EDU15 CATION ACT OF 1965. 

16 (a) IN GENERAL.—Paragraph (13) of section 6103(l) 

17 of the Internal Revenue Code of 1986 is amended to read 

18 as follows: 

19 ‘‘(13) DISCLOSURE OF RETURN INFORMATION

20 TO CARRY OUT THE HIGHER EDUCATION ACT OF

21 1965.— 

22 ‘‘(A) APPLICATIONS AND RECERTIFI23 CATIONS FOR INCOME-CONTINGENT OR INCOME24 BASED REPAYMENT.—The Secretary shall, upon 

25 written request from the Secretary of Edu26 cation, disclose to any authorized person, only 


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1 for the purpose of (and to the extent necessary 

2 in) determining eligibility for, or repayment ob3 ligations under, income-contingent or income4 based repayment plans under title IV of the 

5 Higher Education Act of 1965 with respect to 

6 loans under part D of such title, the following 

7 return information from returns (for any tax8 able year specified by the Secretary of Edu9 cation as relevant to such purpose) of an indi10 vidual certified by the Secretary of Education 

11 as having provided approval under section 

12 494(a)(2) of such Act (as in effect on the date 

13 of enactment of this paragraph) for such disclo14 sure: 

15 ‘‘(i) Taxpayer identity information. 

16 ‘‘(ii) Filing status. 

17 ‘‘(iii) Adjusted gross income. 

18 ‘‘(iv) Total number of exemptions 

19 claimed, if applicable. 

20 ‘‘(v) Number of dependents taken into 

21 account in determining the credit allowed 

22 under section 24. 

23 ‘‘(vi) If applicable, the fact that there 

24 was no return filed. 


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1 ‘‘(B) DISCHARGE OF LOAN BASED ON

2 TOTAL AND PERMANENT DISABILITY.—The 

3 Secretary shall, upon written request from the 

4 Secretary of Education, disclose to any author5 ized person, only for the purpose of (and to the 

6 extent necessary in) monitoring and reinstating 

7 loans under title IV of the Higher Education 

8 Act of 1965 that were discharged based on a 

9 total and permanent disability (within the 

10 meaning of section 437(a) of such Act), the fol11 lowing return information from returns (for any 

12 taxable year specified by the Secretary of Edu13 cation as relevant to such purpose) of an indi14 vidual certified by the Secretary of Education 

15 as having provided approval under section 

16 494(a)(3) of such Act (as in effect on the date 

17 of enactment of this paragraph) for such disclo18 sure: 

19 ‘‘(i) The return information described 

20 in clauses (i), (ii), and (vi) of subpara21 graph (A). 

22 ‘‘(ii) The return information described 

23 in subparagraph (C)(ii). 

24 ‘‘(C) FEDERAL STUDENT FINANCIAL

25 AID.—The Secretary shall, upon written request 


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1 from the Secretary of Education, disclose to 

2 any authorized person, only for the purpose of 

3 (and to the extent necessary in) determining eli4 gibility for, and amount of, Federal student fi5 nancial aid under a program authorized under 

6 subpart 1 of part A, part C, or part D of title 

7 IV of the Higher Education Act of 1965 the 

8 following return information from returns (for 

9 the taxable year used for purposes of section 

10 480(a) of such Act) of an individual certified by 

11 the Secretary of Education as having provided 

12 approval under section 494(a)(1) of such Act 

13 (as in effect on the date of enactment of this 

14 paragraph) for such disclosure: 

15 ‘‘(i) Return information described in 

16 clauses (i) through (vi) of subparagraph 

17 (A). 

18 ‘‘(ii) The amount of any net earnings 

19 from self-employment (as defined in sec20 tion 1402(a)), wages (as defined in section 

21 3121(a) or 3401(a)), and taxable income 

22 from a farming business (as defined in sec23 tion 236A(e)(4)). 

24 ‘‘(iii) Amount of total income tax. 


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1 ‘‘(iv) Amount of any credit allowed 

2 under section 25A. 

3 ‘‘(v) Amount of individual retirement 

4 account distributions not included in ad5 justed gross income. 

6 ‘‘(vi) Amount of individual retirement 

7 account contributions and payments to 

8 self-employed SEP, Keogh, and other 

9 qualified plans which were deducted from 

10 income. 

11 ‘‘(vii) Amount of tax-exempt interest 

12 received. 

13 ‘‘(viii) Amounts from retirement pen14 sions and annuities not included in ad15 justed gross income. 

16 ‘‘(ix) If applicable, the fact that any 

17 of the following schedules (or equivalent 

18 successor schedules) were filed with the re19 turn: 

20 ‘‘(I) Schedule A. 

21 ‘‘(II) Schedule B. 

22 ‘‘(III) Schedule D. 

23 ‘‘(IV) Schedule E. 

24 ‘‘(V) Schedule F. 

25 ‘‘(VI) Schedule H. 


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1 ‘‘(x) If applicable, the amount re2 ported on Schedule C (or an equivalent 

3 successor schedule) as net profit or loss. 

4 ‘‘(D) ADDITIONAL USES OF DISCLOSED IN5 FORMATION.— 

6 ‘‘(i) IN GENERAL.—In addition to the 

7 purposes for which information is disclosed 

8 under subparagraphs (A), (B), and (C), re9 turn information so disclosed may be used 

10 by an authorized person, with respect to 

11 income-contingent or income-based repay12 ment plans, awards of Federal student fi13 nancial aid under a program authorized 

14 under subpart 1 of part A, part C, or part 

15 D of title IV of the Higher Education Act 

16 of 1965, and discharges of loans based on 

17 a total and permanent disability (within 

18 the meaning of section 437(a) of such 

19 Act), for purposes of— 

20 ‘‘(I) reducing the net cost of im21 proper payments under such plans, re22 lating to such awards, or relating to 

23 such discharges, 

24 ‘‘(II) oversight activities by the 

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1 partment of Education as authorized 

2 by the Inspector General Act of 1978, 

3 and 

4 ‘‘(III) conducting analyses and 

5 forecasts for estimating costs related 

6 to such plans, awards, or discharges. 

7 ‘‘(ii) LIMITATION.—The purposes de8 scribed in clause (i) shall not include the 

9 conduct of criminal investigations or pros10 ecutions. 

11 ‘‘(iii) REDISCLOSURE TO INSTITU12 TIONS OF HIGHER EDUCATION, STATE

13 HIGHER EDUCATION AGENCIES, AND DES14 IGNATED SCHOLARSHIP ORGANIZATIONS.— 

15 Authorized persons may redisclose return 

16 information received under subparagraph 

17 (C), solely for the use in the application, 

18 award, and administration of financial aid 

19 awarded by the Federal government or 

20 awarded by a person described in sub21 clause (I), (II), or (III), to the following 

22 persons: 

23 ‘‘(I) An institution of higher edu24 cation participating in a program 

25 under subpart 1 of part A, part C, or 


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1 part D of title IV of the Higher Edu2 cation Act of 1965. 

3 ‘‘(II) A State higher education 

4 agency. 

5 ‘‘(III) A scholarship organization 

6 which is an entity designated (prior to 

7 the date of the enactment of this 

8 clause) by the Secretary of Education 

9 under section 483(a)(3)(E) of such 

10 Act. 

11 This clause shall only apply to the extent 

12 that the taxpayer with respect to whom the 

13 return information relates provides written 

14 consent for such redisclosure to the Sec15 retary of Education. 

16 ‘‘(E) AUTHORIZED PERSON.—For pur17 poses of this paragraph, the term ‘authorized 

18 person’ means, with respect to information dis19 closed under subparagraph (A), (B), or (C), 

20 any person who— 

21 ‘‘(i) is an officer, employee, or con22 tractor, of the Department of Education, 

23 and 

24 ‘‘(ii) is specifically authorized and des25 ignated by the Secretary of Education for 


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1 purposes of such subparagraph (applied 

2 separately with respect to each such sub3 paragraph). 

4 ‘‘(F) JOINT RETURNS.—In the case of a 

5 joint return, any disclosure authorized under 

6 subparagraph (A), (B), or (C) with respect to 

7 an individual shall be treated for purposes of 

8 this paragraph as applying with respect to the 

9 taxpayer.’’. 

10 (b) CONFIDENTIALITY OF RETURN INFORMATION.— 

11 Section 6103(a)(3) of such Code is amended by inserting 

12 ‘‘, (13)’’ after ‘‘(12)’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) Section 6103(p)(3)(A) of such Code is 

15 amended by striking ‘‘(13)’’. 

16 (2) Section 6103(p)(4) of such Code is amend17 ed by inserting ‘‘, (13)’’ after ‘‘(l)(10)’’ each place 

18 it appears. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to disclosures after the date of the 

21 enactment of this Act. 

22 (e) REQUIREMENT TO DESIGNATE THE INSPECTOR

23 GENERAL OF THE DEPARTMENT OF EDUCATION AS AN

24 AUTHORIZED PERSON.—The Secretary of Education shall 

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1 partment of Education as an authorized person under sub2 paragraph (E)(ii) of section 6103(l)(13) of the Internal 

3 Revenue Code of 1986 for purposes of subparagraphs (A), 

4 (B), and (C) of such section. 

5 (f) REPORT TO TREASURY.—The Secretary of Edu6 cation shall annually submit a written report to the Sec7 retary of the Treasury— 

8 (1) regarding redisclosures of return informa9 tion under subparagraph (D)(iii) of section 

10 6103(l)(13) of the Internal Revenue Code of 1986, 

11 including the number of such redisclosures; and 

12 (2) regarding any unauthorized use, access, or 

13 disclosure of return information disclosed under such 

14 section. 

15 (g) REPORT TO CONGRESS.—The Secretary of the 

16 Treasury (or the Secretary’s designee) shall annually sub17 mit a written report to Congress regarding disclosures 

18 under section 6103(l)(13) of the Internal Revenue Code 

19 of 1986, including information provided to the Secretary 

20 under subsection (f). 

21 SEC. 4. AUTOMATIC RECERTIFICATION OF INCOME. 

22 (a) INCOME-CONTINGENT REPAYMENT.— 

23 (1) IN GENERAL.—Section 455(e) of the Higher 

24 Education Act of 1965 (20 U.S.C. 1087e(e)) is 

25 amended by adding at the end the following: 


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1 ‘‘(8) AUTOMATIC RECERTIFICATION.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 establish and implement, with respect to any 

4 borrower described in subparagraph (B), proce5 dures to— 

6 ‘‘(i) use return information disclosed 

7 under section 6103(l)(13) of the Internal 

8 Revenue Code of 1986, pursuant to ap9 proval provided under section 494, to de10 termine the repayment obligation of the 

11 borrower without further action by the bor12 rower; 

13 ‘‘(ii) allow the borrower (or the spouse 

14 of the borrower), at any time, to opt out 

15 of disclosure under such section 

16 6103(l)(13) and instead provide such infor17 mation as the Secretary may require to de18 termine the repayment obligation of the 

19 borrower (or withdraw from the repayment 

20 plan under this subsection); and 

21 ‘‘(iii) provide the borrower with an op22 portunity to update the return information 

23 so disclosed before the determination of the 

24 repayment obligation of the borrower. 


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1 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

2 shall apply to each borrower of a loan made 

3 under this part who, on or after the date on 

4 which the Secretary establishes procedures 

5 under such subparagraph— 

6 ‘‘(i) selects, or is required to repay 

7 such loan pursuant to, an income-contin8 gent repayment plan; or 

9 ‘‘(ii) recertifies income or family size 

10 under such plan.’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 455(e)(6) of the Higher Education Act of 1965 (20 

13 U.S.C. 1087e(e)(6)) is amended— 

14 (A) by striking ‘‘including notification of 

15 such borrower’’ and all that follows through 

16 ‘‘that if a borrower’’ and inserting ‘‘including 

17 notification of such borrower, that if a bor18 rower’’; and 

19 (B) by striking ‘‘as determined using the 

20 information described in subparagraph (A), or 

21 the alternative documentation described in 

22 paragraph (3)’’. 

23 (b) INCOME-BASED REPAYMENT.—Section 493C(c) 

24 of the Higher Education Act of 1965 (20 U.S.C. 1098e(c)) 

25 is amended— 


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1 (1) by striking ‘‘The Secretary shall establish’’ 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish’’; and 

5 (2) by striking ‘‘The Secretary shall consider’’ 

6 and inserting the following: 

7 ‘‘(2) PROCEDURES FOR ELIGIBILITY.—The Sec8 retary shall— 

9 ‘‘(A) consider’’; 

10 (3) by striking ‘‘428C(b)(1)(E).’’ and inserting 

11 the following: ‘‘428C(b)(1)(E); and 

12 ‘‘(B) carry out, with respect to borrowers 

13 of any loan made under part D (other than an 

14 excepted PLUS loan or excepted consolidation 

15 loan), procedures for income-based repayment 

16 plans that are equivalent to the procedures car17 ried out under section 455(e)(8) with respect to 

18 income-contingent repayment plans.’’. 

19 SEC. 5. AUTOMATIC INCOME MONITORING PROCEDURES 

20 AFTER A TOTAL AND PERMANENT DIS21 ABILITY DISCHARGE. 

22 Section 437(a) of the Higher Education Act of 1965 

23 (20 U.S.C. 1087(a)) is amended by adding at the end the 

24 following: 

25 ‘‘(3) AUTOMATIC INCOME MONITORING.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 establish and implement, with respect to any 

3 borrower described in subparagraph (B), proce4 dures to— 

5 ‘‘(i) use return information disclosed 

6 under section 6103(l)(13) of the Internal 

7 Revenue Code of 1986, pursuant to ap8 proval provided under section 494, to de9 termine the borrower’s continued eligibility 

10 for the loan discharge described in sub11 paragraph (B); 

12 ‘‘(ii) allow the borrower, at any time, 

13 to opt out of disclosure under such section 

14 6103(l)(13) and instead provide such infor15 mation as the Secretary may require to de16 termine the borrower’s continued eligibility 

17 for such loan discharge; and 

18 ‘‘(iii) provide the borrower with an op19 portunity to update the return information 

20 so disclosed before determination of such 

21 borrower’s continued eligibility for such 

22 loan discharge. 

23 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

24 shall apply— 


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1 ‘‘(i) to each borrower of a loan that is 

2 discharged due to the total and permanent 

3 disability (within the meaning of this sub4 section) of the borrower; and 

5 ‘‘(ii) during the period beginning on 

6 the date on which such loan is so dis7 charged and ending on the first day on 

8 which such loan may no longer be rein9 stated.’’. 

10 SEC. 6. PROCEDURE AND REQUIREMENTS FOR REQUEST11 ING TAX RETURN INFORMATION FROM THE 

12 INTERNAL REVENUE SERVICE. 

13 (a) IN GENERAL.—Part G of title IV of the Higher 

14 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend15 ed by adding at the end the following: 

16 ‘‘SEC. 494. PROCEDURE AND REQUIREMENTS FOR RE17 QUESTING TAX RETURN INFORMATION FROM 

18 THE INTERNAL REVENUE SERVICE. 

19 ‘‘(a) NOTIFICATION AND APPROVAL REQUIRE20 MENTS.— 

21 ‘‘(1) FEDERAL STUDENT FINANCIAL AID.—In 

22 the case of any written or electronic application 

23 under section 483 by an individual for Federal stu24 dent financial aid under a program authorized under 

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1 retary, with respect to such individual and any par2 ent or spouse whose financial information is required 

3 to be provided on such application, shall— 

4 ‘‘(A) notify such individuals that— 

5 ‘‘(i) if such individuals provide ap6 proval under subparagraph (B), the Sec7 retary will have the authority to request 

8 that the Secretary of the Treasury disclose 

9 return information of such individuals to 

10 authorized persons (as defined in section 

11 6103(l)(13) of the Internal Revenue Code 

12 of 1986) for the relevant purposes de13 scribed in such section; and 

14 ‘‘(ii) the failure to provide such ap15 proval for such disclosure will result in the 

16 Secretary being unable to calculate eligi17 bility for such aid to such individual; and 

18 ‘‘(B) require, as a condition of eligibility 

19 for such aid, that such individuals affirmatively 

20 approve the disclosure described in subpara21 graph (A)(i). 

22 ‘‘(2) INCOME-CONTINGENT AND INCOME-BASED

23 REPAYMENT.— 

24 ‘‘(A) NEW APPLICANTS.—In the case of 

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1 vidual for an income-contingent or income2 based repayment plan for a loan under part D, 

3 the Secretary, with respect to such individual 

4 and any spouse of such individual, shall— 

5 ‘‘(i) provide to such individuals the 

6 notification described in paragraph 

7 (1)(A)(i); 

8 ‘‘(ii) require, as a condition of eligi9 bility for such repayment plan, that such 

10 individuals— 

11 ‘‘(I) affirmatively approve the 

12 disclosure described in paragraph 

13 (1)(A)(i) and agree that such approval 

14 shall serve as an ongoing approval of 

15 such disclosure until the date on 

16 which the individual elects to opt out 

17 of such disclosure under section 

18 455(e)(8) or the equivalent procedures 

19 established under section 

20 493C(c)(2)(B), as applicable; or 

21 ‘‘(II) provide such information as 

22 the Secretary may require to confirm 

23 the eligibility of such individual for 

24 such repayment plan. 


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1 ‘‘(B) RECERTIFICATIONS.—With respect to 

2 the first written or electronic recertification 

3 (after the date of the enactment of the FU4 TURE Act) of an individual’s income or family 

5 size for purposes of an income-contingent or in6 come-based repayment plan (entered into before 

7 the date of the enactment of the FUTURE 

8 Act) for a loan under part D, the Secretary, 

9 with respect to such individual and any spouse 

10 of such individual, shall meet the requirements 

11 of clauses (i) and (ii) of subparagraph (A) with 

12 respect to such recertification. 

13 ‘‘(3) TOTAL AND PERMANENT DISABILITY.—In 

14 the case of any written or electronic application by 

15 an individual for a discharge of a loan under this 

16 title based on total and permanent disability (within 

17 the meaning of section 437(a)) that requires income 

18 monitoring, the Secretary shall— 

19 ‘‘(A) provide to such individual the notifi20 cation described in paragraph (1)(A)(i); and 

21 ‘‘(B) require, as a condition of eligibility 

22 for such discharge, that such individual— 

23 ‘‘(i) affirmatively approve the disclo24 sure described in paragraph (1)(A)(i) and 

25 agree that such approval shall serve as an 


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1 ongoing approval of such disclosure until 

2 the earlier of— 

3 ‘‘(I) the date on which the indi4 vidual elects to opt out of such disclo5 sure under section 437(a)(3)(A); or 

6 ‘‘(II) the first day on which such 

7 loan may no longer be reinstated; or 

8 ‘‘(ii) provide such information as the 

9 Secretary may require to confirm the eligi10 bility of such individual for such discharge. 

11 ‘‘(b) LIMIT ON AUTHORITY.—The Secretary shall 

12 only have authority to request that the Secretary of the 

13 Treasury disclose return information under section 

14 6103(l)(13) of the Internal Revenue Code of 1986 with 

15 respect to an individual if the Secretary of Education has 

16 obtained approval under subsection (a) for such disclo17 sure.’’. 

18 (b) CONFORMING AMENDMENT.—Section 484(q) of 

19 the Higher Education Act of 1965 (20 U.S.C. 1091(q)) 

20 is repealed. 

21 SEC. 7. INCREASED FUNDING FOR FEDERAL PELL GRANTS. 

22 Section 401(b)(7)(A)(iv) of the Higher Education Act 

23 of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended— 


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1 (1) in subclause (X), by striking 

2 ‘‘$1,430,000,000’’ and inserting ‘‘$1,455,000,000’’; 

3 and 

4 (2) in subclause (XI), by striking 

5 ‘‘$1,145,000,000’’ and inserting ‘‘$1,170,000,000’’. 

6 SEC. 8. REPORTS ON IMPLEMENTATION. 

7 (a) IN GENERAL.—Not later than each specified 

8 date, the Secretary of Education and the Secretary of the 

9 Treasury shall issue joint reports to the Committees on 

10 Health, Education, Labor, and Pensions and Finance of 

11 the Senate and the Committees on Education and Labor 

12 and Ways and Means of the House of Representatives re13 garding the amendments made by this Act. Each such re14 port shall include, as applicable— 

15 (1) an update on the status of implementation 

16 of the amendments made by this Act; 

17 (2) an evaluation of how such implementation 

18 had affected the processing of applications for Fed19 eral student financial aid, applications for income20 based repayment and income-contingent repayment, 

21 and applications for discharge of loans under title IV 

22 of the Higher Education Act of 1965 (20 U.S.C. 

23 1070 et seq.) based on total and permanent dis24 ability; and 


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1 (3) implementation issues and suggestions for 

2 potential improvements. 

3 (b) SPECIFIED DATE.—For purposes of subsection 

4 (a), the term ‘‘specified date’’ means— 

5 (1) the date that is 90 days after the date of 

6 the enactment of this Act; 

7 (2) the date that is 120 days after the first day 

8 that the disclosure process established under section 

9 6103(l)(13) of the Internal Revenue Code of 1986, 

10 as amended by section 3(a) of this Act, is oper11 ational and accessible to officers, employees, and 

12 contractors of the Department of Education (as spe13 cifically authorized and designated by the Secretary 

14 of Education); and 

15 (3) the date that is 1 year after the report date 

16 described in paragraph (2). 

Passed the House of Representatives December 10, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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