I 

116TH CONGRESS 

1ST SESSION H. R. 5368 

To provide for secure disclosure of tax-return information to carry out the 

Higher Education Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2019 

Ms. DELBENE introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for secure disclosure of tax-return information 

to carry out 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 ‘‘Faster Access to Fed5 eral Student Aid Act of 2019’’. 


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1 SEC. 2. SECURE DISCLOSURE OF TAX-RETURN INFORMA2 TION TO CARRY OUT THE HIGHER EDU3 CATION ACT OF 1965. 

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

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

6 as follows: 

7 ‘‘(13) DISCLOSURE OF RETURN INFORMATION

8 TO CARRY OUT THE HIGHER EDUCATION ACT OF

9 1965.— 

10 ‘‘(A) APPLICATIONS AND RECERTIFI11 CATIONS FOR INCOME-CONTINGENT OR INCOME12 BASED REPAYMENT.—The Secretary shall, upon 

13 written request from the Secretary of Edu14 cation, disclose to any authorized person, only 

15 for the purpose of (and to the extent necessary 

16 in) determining eligibility for, or repayment ob17 ligations under, income-contingent or income18 based repayment plans under title IV of the 

19 Higher Education Act of 1965 with respect to 

20 loans under part D of such title, the following 

21 return information from returns (for any tax22 able year specified by the Secretary of Edu23 cation as relevant to such purpose) of an indi24 vidual certified by the Secretary of Education 

25 as having provided approval under section 

26 494(a)(2) of such Act (as in effect on the date 


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1 of enactment of this paragraph) for such disclo2 sure: 

3 ‘‘(i) Taxpayer identity information. 

4 ‘‘(ii) Filing status. 

5 ‘‘(iii) Adjusted gross income. 

6 ‘‘(iv) Total number of exemptions 

7 claimed, if applicable. 

8 ‘‘(v) Number of dependents taken into 

9 account in determining the credit allowed 

10 under section 24. 

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

12 was no return filed. 

13 ‘‘(B) DISCHARGE OF LOAN BASED ON

14 TOTAL AND PERMANENT DISABILITY.—The 

15 Secretary shall, upon written request from the 

16 Secretary of Education, disclose to any author17 ized person, only for the purpose of (and to the 

18 extent necessary in) monitoring and reinstating 

19 loans under title IV of the Higher Education 

20 Act of 1965 that were discharged based on a 

21 total and permanent disability (within the 

22 meaning of section 437(a) of such Act), the fol23 lowing return information from returns (for any 

24 taxable year specified by the Secretary of Edu25 cation as relevant to such purpose) of an indiVerDate Sep 11 2014 02:24 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5368.IH H5368

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1 vidual certified by the Secretary of Education 

2 as having provided approval under section 

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

4 of enactment of this paragraph) for such disclo5 sure: 

6 ‘‘(i) The return information described 

7 in clauses (i), (ii), and (vi) of subpara8 graph (A). 

9 ‘‘(ii) The return information described 

10 in subparagraph (C)(ii). 

11 ‘‘(C) FEDERAL STUDENT FINANCIAL

12 AID.—The Secretary shall, upon written request 

13 from the Secretary of Education, disclose to 

14 any authorized person, only for the purpose of 

15 (and to the extent necessary in) determining eli16 gibility for, and amount of, Federal student fi17 nancial aid under a program authorized under 

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

19 IV of the Higher Education Act of 1965 the 

20 following return information from returns (for 

21 the taxable year used for purposes of section 

22 480(a) of such Act) of an individual certified by 

23 the Secretary of Education as having provided 

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


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

2 paragraph) for such disclosure: 

3 ‘‘(i) Return information described in 

4 clauses (i) through (vi) of subparagraph 

5 (A). 

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

7 from self-employment (as defined in sec8 tion 1402(a)), wages (as defined in section 

9 3121(a) or 3401(a)), and taxable income 

10 from a farming business (as defined in sec11 tion 236A(e)(4)). 

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

13 ‘‘(iv) Amount of any credit allowed 

14 under section 25A. 

15 ‘‘(v) Amount of individual retirement 

16 account distributions not included in ad17 justed gross income. 

18 ‘‘(vi) Amount of individual retirement 

19 account contributions and payments to 

20 self-employed SEP, Keogh, and other 

21 qualified plans which were deducted from 

22 income. 

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

24 received. 


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1 ‘‘(viii) Amounts from retirement pen2 sions and annuities not included in ad3 justed gross income. 

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

5 of the following schedules (or equivalent 

6 successor schedules) were filed with the re7 turn: 

8 ‘‘(I) Schedule A. 

9 ‘‘(II) Schedule B. 

10 ‘‘(III) Schedule D. 

11 ‘‘(IV) Schedule E. 

12 ‘‘(V) Schedule F. 

13 ‘‘(VI) Schedule H. 

14 ‘‘(x) If applicable, the amount re15 ported on Schedule C (or an equivalent 

16 successor schedule) as net profit or loss. 

17 ‘‘(D) ADDITIONAL USES OF DISCLOSED IN18 FORMATION.— 

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

20 purposes for which information is disclosed 

21 under subparagraphs (A), (B), and (C), re22 turn information so disclosed may be used 

23 by an authorized person, with respect to 

24 income-contingent or income-based repay25 ment plans, awards of Federal student fiVerDate Sep 11 2014 02:24 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5368.IH H5368

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1 nancial aid under a program authorized 

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

3 D of title IV of the Higher Education Act 

4 of 1965, and discharges of loans based on 

5 a total and permanent disability (within 

6 the meaning of section 437(a) of such 

7 Act), for purposes of— 

8 ‘‘(I) reducing the net cost of im9 proper payments under such plans, re10 lating to such disbursements, or relat11 ing to such discharges, 

12 ‘‘(II) oversight activities by the 

13 Office of Inspector General of the De14 partment of Education as authorized 

15 by the Inspector General Act of 1978, 

16 and 

17 ‘‘(III) conducting analyses and 

18 forecasts for estimating costs related 

19 to such plans, disbursements, or dis20 charges. 

21 ‘‘(ii) LIMITATION.—The purposes de22 scribed in clause (i) shall not include the 

23 conduct of criminal investigations or pros24 ecutions. 


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1 ‘‘(iii) REDISCLOSURE TO INSTITU2 TIONS OF HIGHER EDUCATION, STATE

3 HIGHER EDUCATION AGENCIES, AND DES4 IGNATED SCHOLARSHIP ORGANIZATIONS.— 

5 Authorized persons may redisclose return 

6 information received under subparagraph 

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

8 award, and administration of financial aid 

9 awarded by the Federal Government or 

10 awarded by a person described in sub11 clause (I), (II), or (III), to the following 

12 persons: 

13 ‘‘(I) An institution of higher edu14 cation participating in a program 

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

16 part D of title IV of the Higher Edu17 cation Act of 1965. 

18 ‘‘(II) A State higher education 

19 agency. 

20 ‘‘(III) A scholarship organization 

21 which is an entity designated (prior to 

22 the date of the enactment of this 

23 clause) by the Secretary of Education 

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

25 Act. 


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1 This clause shall only apply to the extent 

2 that the taxpayer with respect to whom the 

3 return information relates provides written 

4 consent for such redisclosure to the Sec5 retary of Education. 

6 ‘‘(E) AUTHORIZED PERSON.—For pur7 poses of this paragraph, the term ‘authorized 

8 person’ means, with respect to information dis9 closed under subparagraph (A), (B), or (C), 

10 any person who— 

11 ‘‘(i) is an officer, employee, or con12 tractor, of the Department of Education, 

13 and 

14 ‘‘(ii) is specifically authorized and des15 ignated by the Secretary of Education for 

16 purposes of such subparagraph (applied 

17 separately with respect to each such sub18 paragraph). 

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

20 joint return, any disclosure authorized under 

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

22 an individual shall be treated for purposes of 

23 this paragraph as applying with respect to the 

24 taxpayer.’’. 


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1 (b) CONFIDENTIALITY OF RETURN INFORMATION.— 

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

3 ‘‘, (13)’’ after ‘‘(12)’’. 

4 (c) CONFORMING AMENDMENTS.— 

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

6 amended by striking ‘‘(13)’’. 

7 (2) Section 6103(p)(4) of such Code is amend8 ed by inserting ‘‘, (13)’’ after ‘‘(l)(10)’’ each place 

9 it appears. 

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

11 this section shall apply to disclosures made after the Sec12 retary of the Treasury (or the Secretary’s designee) sub13 mits a written notification to the Committee on Ways and 

14 Means of the House of Representatives and the Committee 

15 on Finance of the Senate that the Secretary of Education 

16 has demonstrated a readiness to comply with the stand17 ards outlined in Internal Revenue Service Publication 

18 1075 with respect to return information received under 

19 section 6103(l)(13) of the Internal Revenue Code of 1986. 

20 (e) REQUIREMENT TO DESIGNATE THE INSPECTOR

21 GENERAL OF THE DEPARTMENT OF EDUCATION AS AN

22 AUTHORIZED PERSON.—The Secretary of Education shall 

23 authorize and designate the Inspector General of the De24 partment of Education as an authorized person under sub25 paragraph (E)(ii) of section 6103(l)(13) of the Internal 


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

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

3 (f) REPORT TO TREASURY.—The Secretary of Edu4 cation shall annually submit a written report to the Sec5 retary of the Treasury— 

6 (1) regarding redisclosures of return informa7 tion under subparagraph (D)(iii) of section 

8 6103(l)(13) of the Internal Revenue Code of 1986, 

9 including the number of such redisclosures; and 

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

11 disclosure of return information disclosed under such 

12 section. 

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

14 Treasury (or the Secretary’s designee) shall annually sub15 mit a written report to Congress regarding disclosures 

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

17 of 1986, including information provided to the Secretary 

18 under subsection (f). 

19 SEC. 3. AUTOMATIC RECERTIFICATION OF INCOME. 

20 (a) INCOME-CONTINGENT REPAYMENT.— 

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

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

23 amended by adding at the end the following: 

24 ‘‘(8) AUTOMATIC RECERTIFICATION.— 


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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 repayment obligation of the 

10 borrower without further action by the bor11 rower; 

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

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

14 of disclosure under such section 

15 6103(l)(13) and instead provide such infor16 mation as the Secretary may require to de17 termine the repayment obligation of the 

18 borrower (or withdraw from the repayment 

19 plan under this subsection); and 

20 ‘‘(iii) provide the borrower with an op21 portunity to update the return information 

22 so disclosed before the determination of the 

23 repayment obligation of the borrower. 

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

25 shall apply to each borrower of a loan made 


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

2 which the Secretary establishes procedures 

3 under such subparagraph— 

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

5 such loan pursuant to, an income-contin6 gent repayment plan; or 

7 ‘‘(ii) recertifies income or family size 

8 under such plan.’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 455(e)(6) of the Higher Education Act of 1965 (20 

11 U.S.C. 1087e(e)(6)) is amended— 

12 (A) by striking ‘‘including notification of 

13 such borrower’’ and all that follows through 

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

15 notification of such borrower, that if a bor16 rower’’; and 

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

18 information described in subparagraph (A), or 

19 the alternative documentation described in 

20 paragraph (3)’’. 

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

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

23 is amended— 

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

25 and inserting the following: 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish’’; and 

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

4 and inserting the following: 

5 ‘‘(2) PROCEDURES FOR ELIGIBILITY.—The Sec6 retary shall— 

7 ‘‘(A) consider’’; 

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

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

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

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

12 excepted PLUS loan or excepted consolidation 

13 loan), procedures for income-based repayment 

14 plans that are equivalent to the procedures car15 ried out under section 455(e)(8) with respect to 

16 income-contingent repayment plans.’’. 

17 SEC. 4. AUTOMATIC INCOME MONITORING PROCEDURES 

18 AFTER A TOTAL AND PERMANENT DIS19 ABILITY DISCHARGE. 

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

21 (20 U.S.C. 1087(a)) is amended by adding at the end the 

22 following: 

23 ‘‘(3) AUTOMATIC INCOME MONITORING.— 

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

25 establish and implement, with respect to any 


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1 borrower described in subparagraph (B), proce2 dures to— 

3 ‘‘(i) use return information disclosed 

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

5 Revenue Code of 1986, pursuant to ap6 proval provided under section 494, to de7 termine the borrower’s continued eligibility 

8 for the loan discharge described in sub9 paragraph (B); 

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

11 to opt out of disclosure under such section 

12 6103(l)(13) and instead provide such infor13 mation as the Secretary may require to de14 termine the borrower’s continued eligibility 

15 for such loan discharge; and 

16 ‘‘(iii) provide the borrower with an op17 portunity to update the return information 

18 so disclosed before determination of such 

19 borrower’s continued eligibility for such 

20 loan discharge. 

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

22 shall apply— 

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

24 discharged due to the total and permanent 


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1 disability (within the meaning of this sub2 section) of the borrower; and 

3 ‘‘(ii) during the period beginning on 

4 the date on which such loan is so dis5 charged and ending on the first day on 

6 which such loan may no longer be rein7 stated.’’. 

8 SEC. 5. PROCEDURE AND REQUIREMENTS FOR REQUEST9 ING TAX RETURN INFORMATION FROM THE 

10 INTERNAL REVENUE SERVICE. 

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

12 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend13 ed by adding at the end the following: 

14 ‘‘SEC. 494. PROCEDURE AND REQUIREMENTS FOR RE15 QUESTING TAX RETURN INFORMATION FROM 

16 THE INTERNAL REVENUE SERVICE. 

17 ‘‘(a) NOTIFICATION AND APPROVAL REQUIRE18 MENTS.— 

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

20 the case of any written or electronic application 

21 under section 483 by an individual for Federal stu22 dent financial aid under a program authorized under 

23 subpart 1 of part A, part C, or part D, the Sec24 retary, with respect to such individual and any parVerDate Sep 11 2014 02:24 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5368.IH H5368

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1 ent or spouse whose financial information is required 

2 to be provided on such application, shall— 

3 ‘‘(A) notify such individuals that— 

4 ‘‘(i) if such individuals provide ap5 proval under subparagraph (B), the Sec6 retary will have the authority to request 

7 that the Secretary of the Treasury disclose 

8 return information of such individuals to 

9 authorized persons (as defined in section 

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

11 of 1986) for the relevant purposes de12 scribed in such section; and 

13 ‘‘(ii) the failure to provide such ap14 proval for such disclosure will result in the 

15 Secretary being unable to calculate eligi16 bility for such aid to such individual; and 

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

18 for such aid, that such individuals affirmatively 

19 approve the disclosure described in subpara20 graph (A)(i). 

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

22 REPAYMENT.— 

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

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1 based repayment plan for a loan under part D, 

2 the Secretary, with respect to such individual 

3 and any spouse of such individual, shall— 

4 ‘‘(i) provide to such individuals the 

5 notification described in paragraph 

6 (1)(A)(i); 

7 ‘‘(ii) require, as a condition of eligi8 bility for such repayment plan, that such 

9 individuals— 

10 ‘‘(I) affirmatively approve the 

11 disclosure described in paragraph 

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

13 shall serve as an ongoing approval of 

14 such disclosure until the date on 

15 which the individual elects to opt out 

16 of such disclosure under section 

17 455(e)(8) or the equivalent procedures 

18 established under section 

19 493C(c)(2)(B), as applicable; or 

20 ‘‘(II) provide such information as 

21 the Secretary may require to confirm 

22 the eligibility of such individual for 

23 such repayment plan. 

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

25 the first written or electronic recertification 


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1 (after the date of the enactment of the Faster 

2 Access to Federal Student Aid Act of 2019) of 

3 an individual’s income or family size for pur4 poses of an income-contingent or income-based 

5 repayment plan (entered into before the date of 

6 the enactment of the Faster Access to Federal 

7 Student Aid Act of 2019) for a loan under part 

8 D, the Secretary, with respect to such indi9 vidual and any spouse of such individual, shall 

10 meet the requirements of clauses (i) and (ii) of 

11 subparagraph (A) with respect to such recertifi12 cation. 

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. 6. REPORTS ON IMPLEMENTATION. 

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

23 date, the Secretary of Education and the Secretary of the 

24 Treasury shall issue joint reports to the Committees on 

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


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1 the Senate and the Committees on Education and Labor 

2 and Ways and Means of the House of Representatives re3 garding the amendments made by this Act. Each such re4 port shall include, as applicable— 

5 (1) an update on the status of implementation 

6 of the amendments made by this Act; 

7 (2) an evaluation of how such implementation 

8 had affected the processing of applications for Fed9 eral student financial aid, applications for income10 based repayment and income-contingent repayment, 

11 and applications for discharge of loans under title IV 

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

13 1070 et seq.) based on total and permanent dis14 ability; and 

15 (3) implementation issues and suggestions for 

16 potential improvements. 

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

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

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

20 the enactment of this Act; 

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

22 that the disclosure process established under section 

23 6103(l)(13) of the Internal Revenue Code of 1986, 

24 as amended by section 3(a) of this Act, is oper25 ational and accessible to officers, employees, and 


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1 contractors of the Department of Education (as spe2 cifically authorized and designated by the Secretary 

3 of Education); and 

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

5 described in paragraph (2). 

Æ 


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