In the Senate of the United States, 

December 5, 2019. 

Resolved, That the bill from the House of Representatives (H.R. 2486) entitled ‘‘An Act to reauthorize mandatory 

funding programs for historically Black colleges and universities and other minority-serving institutions.’’, do pass with 

the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; REFERENCES. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Fos3 tering Undergraduate Talent by Unlocking Resources for 

4 Education Act’’ or the ‘‘FUTURE Act’’. 

5 (b) REFERENCES.—Except as otherwise expressly pro6 vided, whenever in this Act an amendment or repeal is ex7 pressed in terms of an amendment to, or repeal of, a section 

8 or other provision, the reference shall be considered to be 
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1 made to a section or other provision of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1001 et seq.). 

3 SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING IN4 STITUTIONS. 

5 Section 371(b)(1)(A) (20 U.S.C. 1067q(b)(1)(A)) is 

6 amended by striking ‘‘for each of the fiscal years 2008 

7 through 2019.’’ and all that follows through the end of the 

8 subparagraph and inserting ‘‘for fiscal year 2020 and each 

9 fiscal year thereafter.’’. 

10 SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMA11 TION TO CARRY OUT THE HIGHER EDU12 CATION ACT OF 1965. 

13 (a) AMENDMENTS TO THE INTERNAL REVENUE CODE

14 OF 1986.— 

15 (1) IN GENERAL.—Paragraph (13) of section 

16 6103(l) of the Internal Revenue Code of 1986 is 

17 amended to read as follows: 

18 ‘‘(13) DISCLOSURE OF RETURN INFORMATION TO

19 CARRY OUT THE HIGHER EDUCATION ACT OF 1965.— 

20 ‘‘(A) INCOME-CONTINGENT OR INCOME21 BASED REPAYMENT AND TOTAL AND PERMANENT

22 DISABILITY DISCHARGE.—The Secretary shall, 

23 upon written request from the Secretary of Edu24 cation, disclose to officers, employees, and con25 tractors of the Department of Education, as spe-
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1 cifically authorized and designated by the Sec2 retary of Education, only for the purpose of (and 

3 to the extent necessary in) establishing enroll4 ment, renewing enrollment, administering, and 

5 conducting analyses and forecasts for estimating 

6 costs related to income-contingent or income7 based repayment programs, and the discharge of 

8 loans based on a total and permanent disability 

9 (within the meaning of section 437(a) of the 

10 Higher Education Act of 1965), under title IV of 

11 the Higher Education Act of 1965, the following 

12 return information (as defined in subsection 

13 (b)(2)) with respect to taxpayers identified by 

14 the Secretary of Education as participating in 

15 the loan programs under title IV of such Act, for 

16 taxable years specified by such Secretary: 

17 ‘‘(i) Taxpayer identity information 

18 with respect to such taxpayer. 

19 ‘‘(ii) The filing status of such tax20 payer. 

21 ‘‘(iii) The adjusted gross income of 

22 such taxpayer. 

23 ‘‘(iv) Total number of exemptions 

24 claimed, or total number of individuals and 
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1 dependents claimed, as applicable, on the 

2 return. 

3 ‘‘(v) Number of children with respect to 

4 which tax credits under section 24 are 

5 claimed on the return. 

6 ‘‘(B) FEDERAL STUDENT FINANCIAL AID.— 

7 The Secretary shall, upon written request from 

8 the Secretary of Education, disclose to officers, 

9 employees, and contractors of the Department of 

10 Education, as specifically authorized and des11 ignated by the Secretary of Education, only for 

12 the purpose of (and to the extent necessary in) 

13 determining eligibility for, and amount of, Fed14 eral student financial aid under programs au15 thorized by parts A, C, and D of title IV of the 

16 Higher Education Act of 1965 (as in effect on 

17 the date of the enactment of the Fostering Under18 graduate Talent by Unlocking Resources for 

19 Education Act) and conducting analyses and 

20 forecasts for estimating costs related to such pro21 grams, the following return information (as de22 fined in subsection (b)(2)) with respect to tax23 payers identified by the Secretary of Education 

24 as applicants for Federal student financial aid 
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1 under such parts of title IV of such Act, for tax2 able years specified by such Secretary: 

3 ‘‘(i) Taxpayer identity information 

4 with respect to such taxpayer. 

5 ‘‘(ii) The filing status of such tax6 payer. 

7 ‘‘(iii) The adjusted gross income of 

8 such taxpayer. 

9 ‘‘(iv) The amount of any net earnings 

10 from self-employment (as defined in section 

11 1402), wages (as defined in section 3121(a) 

12 or 3401(a)), taxable income from a farming 

13 business (as defined in section 236A(e)(4)), 

14 and investment income for the period re15 ported on the return. 

16 ‘‘(v) The total income tax of such tax17 payer. 

18 ‘‘(vi) Total number of exemptions 

19 claimed, or total number of individuals and 

20 dependents claimed, as applicable, on the 

21 return. 

22 ‘‘(vii) Number of children with respect 

23 to which tax credits under section 24 are 

24 claimed on the return. 
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1 ‘‘(viii) Amount of any credit claimed 

2 under section 25A for the taxable year. 

3 ‘‘(ix) Amount of individual retirement 

4 account distributions not included in ad5 justed gross income for the taxable year. 

6 ‘‘(x) Amount of individual retirement 

7 account contributions and payments to self8 employed SEP, Keogh, and other qualified 

9 plans which were deducted from income for 

10 the taxable year. 

11 ‘‘(xi) The amount of tax-exempt inter12 est. 

13 ‘‘(xii) Amounts from retirement pen14 sions and annuities not included in ad15 justed gross income for the taxable year. 

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

17 of the following schedules (or equivalent suc18 cessor schedules) were filed with the return: 

19 ‘‘(I) Schedule A. 

20 ‘‘(II) Schedule B. 

21 ‘‘(III) Schedule D. 

22 ‘‘(IV) Schedule E. 

23 ‘‘(V) Schedule F. 

24 ‘‘(VI) Schedule H. 
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1 ‘‘(xiv) If applicable, the fact that 

2 Schedule C (or an equivalent successor 

3 schedule) was filed with the return showing 

4 a gain or loss greater than $10,000. 

5 ‘‘(xv) If applicable, the fact that there 

6 is no return filed for such taxpayer for the 

7 applicable year. 

8 ‘‘(C) RESTRICTION ON USE OF DISCLOSED

9 INFORMATION.— 

10 ‘‘(i) IN GENERAL.—Return informa11 tion disclosed under subparagraphs (A) and 

12 (B) may be used by officers, employees, and 

13 contractors of the Department of Education, 

14 as specifically authorized and designated by 

15 the Secretary of Education, only for the 

16 purposes and to the extent necessary de17 scribed in such subparagraphs and for miti18 gating risks (as defined in clause (ii)) relat19 ing to the programs described in such sub20 paragraphs. 

21 ‘‘(ii) MITIGATING RISKS.—For pur22 poses of this subparagraph, the term ‘miti23 gating risks’ means, with respect to the pro24 grams described in subparagraphs (A) and 

25 (B), 
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1 ‘‘(I) oversight activities by the Of2 fice of Inspector General of the Depart3 ment of Education as authorized by 

4 the Inspector General Act of 1978, as 

5 amended, and 

6 ‘‘(II) reducing the net cost of im7 proper payments to Federal financial 

8 aid recipients. 

9 Such term does not include the conduct of 

10 criminal investigations or prosecutions. 

11 ‘‘(iii) REDISCLOSURE TO INSTITUTIONS

12 OF HIGHER EDUCATION, STATE HIGHER

13 EDUCATION AGENCIES, AND DESIGNATED

14 SCHOLARSHIP ORGANIZATIONS.—The Sec15 retary of Education, and officers, employees, 

16 and contractors of the Department of Edu17 cation, may disclose return information re18 ceived under subparagraph (B), solely for 

19 the use in the application, award, and ad20 ministration of student financial aid or aid 

21 awarded by such entities as the Secretary of 

22 Education may designate, to the following 

23 persons: 

24 ‘‘(I) An institution of higher edu25 cation with which the Secretary of 
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1 Education has an agreement under 

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

3 of title IV of the Higher Education Act 

4 of 1965. 

5 ‘‘(II) A State higher education 

6 agency. 

7 ‘‘(III) A scholarship organization 

8 which is designated by the Secretary of 

9 Education as of the date of the enact10 ment of the Fostering Undergraduate 

11 Talent by Unlocking Resources for 

12 Education Act as an organization eli13 gible to receive the information pro14 vided under this clause. 

15 The preceding sentence shall only apply to 

16 the extent that the taxpayer with respect to 

17 whom the return information relates pro18 vides consent for such disclosure to the Sec19 retary of Education as part of the applica20 tion for Federal student financial aid under 

21 title IV of the Higher Education Act of 

22 1965. 

23 ‘‘(D) REQUIREMENT OF NOTIFICATION OF

24 REQUEST FOR TAX RETURN INFORMATION.—Sub25 paragraphs (A) and (B) shall apply to any dis-
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1 closure of return information with respect to a 

2 taxpayer only if the Secretary of Education has 

3 provided to such taxpayer the notification re4 quired by section 494 of the Higher Education 

5 Act of 1965 prior to such disclosure.’’. 

6 (2) CONFIDENTIALITY OF RETURN INFORMA7 TION.—Section 6103(a)(3) of such Code is amended 

8 by inserting ‘‘, (13)(A), (13)(B)’’ after ‘‘(12)’’. 

9 (3) CONFORMING AMENDMENTS.—Section 

10 6103(p)(4) of such Code is amended— 

11 (A) by inserting ‘‘(A), (13)(B)’’ after ‘‘(13)’’ 

12 each place it occurs, and 

13 (B) by inserting ‘‘, (13)(A), (13)(B)’’ after 

14 ‘‘(l)(10)’’ each place it occurs. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to disclosures made under section 

17 6103(l)(13) of the Internal Revenue Code of 1986 (as 

18 amended by this section) after the date of the enactment 

19 of this Act. 

20 SEC. 4. NOTIFICATION OF REQUEST FOR TAX RETURN IN21 FORMATION. 

22 (a) IN GENERAL.—Part G of title IV (20 U.S.C. 1088 

23 et seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 494. NOTIFICATION OF REQUEST FOR TAX RETURN 

2 INFORMATION. 

3 ‘‘The Secretary shall advise students and borrowers 

4 who submit an application for Federal student financial 

5 aid under this title or for the discharge of a loan based 

6 on permanent and total disability, as described in section 

7 437(a), or who request an income-contingent or income8 based repayment plan on their loan (as well as parents and 

9 spouses who sign such an application or request or a Master 

10 Promissory Note on behalf of those students and borrowers) 

11 that the Secretary has the authority to request that the In12 ternal Revenue Service disclose their tax return information 

13 (as well as that of parents and spouses who sign such an 

14 application or request or a Master Promissory Note on be15 half of those students and borrowers) to officers, employees, 

16 and contractors of the Department of Education as author17 ized under section 6103(1)(13) of the Internal Revenue Code 

18 of 1986, to the extent necessary for the Secretary to carry 

19 out this title.’’. 

20 (b) CONFORMING AMENDMENT.—Section 484(q) (20 

21 U.S.C. 1091(q)) is amended to read as follows: 

22 ‘‘(q) reserved’’. 

23 SEC. 5. INCREASED FUNDING FOR FEDERAL PELL GRANTS. 

24 Section 401(b)(7)(A)(iv) (20 U.S.C. 

25 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 insert ‘‘$1,170,000,000’’. 

6 SEC. 6. REPORTS ON IMPLEMENTATION. 

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

8 the Secretary of Education and the Secretary of the Treas9 ury shall issue joint reports to the Committees on Health, 

10 Education, Labor, and Pensions and Finance of the Senate 

11 and the Committees on Education and Labor and Ways 

12 and Means of the House of Representatives regarding the 

13 amendments made by this Act. Each such report shall in14 clude, as applicable— 

15 (1) an update on the status of implementation of 

16 the amendments made by this Act, 

17 (2) an evaluation of the processing of applica18 tions for Federal student financial aid, and applica19 tions for income-based repayment and income contin20 gent repayment, under title IV of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1070 et seq.), in ac22 cordance with the amendments made by this Act, and 

23 (3) implementation issues and suggestions for 

24 potential improvements. 
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1 (b) SPECIFIED DATE.—For purposes of subsection (a), 

2 the term ‘‘specified date’’ means— 

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

4 enactment of this Act, 

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

6 that the disclosure process established under section 

7 6103(l)(13) of the Internal Revenue Code of 1986, as 

8 amended by section 3(a) of this Act, is operational 

9 and accessible to officers, employees, and contractors 

10 of the Department of Education (as specifically au11 thorized and designated by the Secretary of Edu12 cation), and 

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

14 described in paragraph (2). 

Attest: 

Secretary. 
116TH CONGRESS 

1ST SESSION H.R. 2486 

AMENDMENT