[Congressional Record Volume 165, Number 194 (Thursday, December 5, 2019)]
[Senate]
[Pages S6894-S6895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1255. Mr. SCOTT, of South Carolina (for Mr. Alexander (for 
himself, Mrs. Murray, Mr. Scott of South Carolina, Mr. Jones, Mr. Burr, 
and Mr. Coons)) proposed an amendment to the bill H.R. 2486, to 
reauthorize mandatory funding programs for historically Black colleges 
and universities and other minority-serving institutions; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``Fostering 
     Undergraduate Talent by Unlocking Resources for Education 
     Act'' or the ``FUTURE Act''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.).

     SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS.

       Section 371(b)(1)(A) (20 U.S.C. 1067q(b)(1)(A)) is amended 
     by striking ``for each of the fiscal years 2008 through 
     2019.'' and all that follows through the end of the 
     subparagraph and inserting ``for fiscal year 2020 and each 
     fiscal year thereafter.''.

     SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMATION TO CARRY 
                   OUT THE HIGHER EDUCATION ACT OF 1965.

       (a) Amendments to the Internal Revenue Code of 1986.--
       (1) In general.--Paragraph (13) of section 6103(l) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(13) Disclosure of return information to carry out the 
     higher education act of 1965.--
       ``(A) Income-contingent or income-based repayment and total 
     and permanent disability discharge.--The Secretary shall, 
     upon written request from the Secretary of Education, 
     disclose to officers, employees, and contractors of the 
     Department of Education, as specifically authorized and 
     designated by the Secretary of Education, only for the 
     purpose of (and to the extent necessary in) establishing 
     enrollment, renewing enrollment, administering, and 
     conducting analyses and forecasts for estimating costs 
     related to income-contingent or income-based repayment 
     programs, and the discharge of loans based on a total and 
     permanent disability (within the meaning of section 437(a) of 
     the Higher Education Act of 1965), under title IV of the 
     Higher Education Act of 1965, the following return 
     information (as defined in subsection (b)(2)) with respect to 
     taxpayers identified by the Secretary of Education as 
     participating in the loan programs under title IV of such 
     Act, for taxable years specified by such Secretary:
       ``(i) Taxpayer identity information with respect to such 
     taxpayer.
       ``(ii) The filing status of such taxpayer.
       ``(iii) The adjusted gross income of such taxpayer.
       ``(iv) Total number of exemptions claimed, or total number 
     of individuals and dependents claimed, as applicable, on the 
     return.
       ``(v) Number of children with respect to which tax credits 
     under section 24 are claimed on the return.
       ``(B) Federal student financial aid.--The Secretary shall, 
     upon written request from the Secretary of Education, 
     disclose to officers, employees, and contractors of the 
     Department of Education, as specifically authorized and 
     designated by the Secretary of Education, only for the 
     purpose of (and to the extent necessary in) determining 
     eligibility for, and amount of, Federal student financial aid 
     under programs authorized by parts A, C, and D of title IV of 
     the Higher Education Act of 1965 (as in effect on the date of 
     the enactment of the Fostering Undergraduate Talent by 
     Unlocking Resources for Education Act) and conducting 
     analyses and forecasts for estimating costs related to such 
     programs, the following return information (as defined in 
     subsection (b)(2)) with respect to taxpayers identified by 
     the Secretary of Education as applicants for Federal student 
     financial aid under such parts of title IV of such Act, for 
     taxable years specified by such Secretary:
       ``(i) Taxpayer identity information with respect to such 
     taxpayer.
       ``(ii) The filing status of such taxpayer.
       ``(iii) The adjusted gross income of such taxpayer.
       ``(iv) The amount of any net earnings from self-employment 
     (as defined in section 1402), wages (as defined in section 
     3121(a) or 3401(a)), taxable income from a farming business 
     (as defined in section 236A(e)(4)), and investment income for 
     the period reported on the return.
       ``(v) The total income tax of such taxpayer.
       ``(vi) Total number of exemptions claimed, or total number 
     of individuals and dependents claimed, as applicable, on the 
     return.
       ``(vii) Number of children with respect to which tax 
     credits under section 24 are claimed on the return.
       ``(viii) Amount of any credit claimed under section 25A for 
     the taxable year.
       ``(ix) Amount of individual retirement account 
     distributions not included in adjusted gross income for the 
     taxable year.
       ``(x) Amount of individual retirement account contributions 
     and payments to self-employed SEP, Keogh, and other qualified 
     plans which were deducted from income for the taxable year.
       ``(xi) The amount of tax-exempt interest.
       ``(xii) Amounts from retirement pensions and annuities not 
     included in adjusted gross income for the taxable year.
       ``(xiii) If applicable, the fact that any of the following 
     schedules (or equivalent successor schedules) were filed with 
     the return:

       ``(I) Schedule A.
       ``(II) Schedule B.
       ``(III) Schedule D.
       ``(IV) Schedule E.
       ``(V) Schedule F.
       ``(VI) Schedule H.

       ``(xiv) If applicable, the fact that Schedule C (or an 
     equivalent successor schedule) was filed with the return 
     showing a gain or loss greater than $10,000.
       ``(xv) If applicable, the fact that there is no return 
     filed for such taxpayer for the applicable year.
       ``(C) Restriction on use of disclosed information.--
       ``(i) In general.--Return information disclosed under 
     subparagraphs (A) and (B) may be used by officers, employees, 
     and contractors of the Department of Education, as 
     specifically authorized and designated by the Secretary of 
     Education, only for the purposes and to the extent necessary 
     described in such subparagraphs and for mitigating risks (as 
     defined in clause (ii)) relating to the programs described in 
     such subparagraphs.
       ``(ii) Mitigating risks.--For purposes of this 
     subparagraph, the term `mitigating risks' means, with respect 
     to the programs described in subparagraphs (A) and (B),

       ``(I) oversight activities by the Office of Inspector 
     General of the Department of Education as authorized by the 
     Inspector General Act of 1978, as amended, and
       ``(II) reducing the net cost of improper payments to 
     Federal financial aid recipients.

     Such term does not include the conduct of criminal 
     investigations or prosecutions.
       ``(iii) Redisclosure to institutions of higher education, 
     state higher education agencies, and designated scholarship 
     organizations.--The Secretary of Education, and officers, 
     employees, and contractors of the Department of Education, 
     may disclose return information received under subparagraph 
     (B), solely for the use in the application, award, and 
     administration of student financial aid or aid awarded by 
     such entities as the Secretary of Education may designate, to 
     the following persons:

       ``(I) An institution of higher education with which the 
     Secretary of Education has an agreement under subpart 1 of 
     part A, part C, or part D of title IV of the Higher Education 
     Act of 1965.
       ``(II) A State higher education agency.
       ``(III) A scholarship organization which is designated by 
     the Secretary of Education as of the date of the enactment of 
     the Fostering Undergraduate Talent by Unlocking Resources for 
     Education Act as an organization eligible to receive the 
     information provided under this clause.

     The preceding sentence shall only apply to the extent that 
     the taxpayer with respect to whom the return information 
     relates provides consent for such disclosure to the Secretary 
     of Education as part of the application for Federal student 
     financial aid under title IV of the Higher Education Act of 
     1965.
       ``(D) Requirement of notification of request for tax return 
     information.--Subparagraphs (A) and (B) shall apply to any 
     disclosure of return information with respect

[[Page S6895]]

     to a taxpayer only if the Secretary of Education has provided 
     to such taxpayer the notification required by section 494 of 
     the Higher Education Act of 1965 prior to such disclosure.''.
       (2) Confidentiality of return information.--Section 
     6103(a)(3) of such Code is amended by inserting ``, (13)(A), 
     (13)(B)'' after ``(12)''.
       (3) Conforming amendments.--Section 6103(p)(4) of such Code 
     is amended--
       (A) by inserting ``(A), (13)(B)'' after ``(13)'' each place 
     it occurs, and
       (B) by inserting ``, (13)(A), (13)(B)'' after ``(l)(10)'' 
     each place it occurs.
       (b) Effective Date.--The amendments made by this section 
     shall apply to disclosures made under section 6103(l)(13) of 
     the Internal Revenue Code of 1986 (as amended by this 
     section) after the date of the enactment of this Act.

     SEC. 4. NOTIFICATION OF REQUEST FOR TAX RETURN INFORMATION.

       (a) In General.--Part G of title IV (20 U.S.C. 1088 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 494. NOTIFICATION OF REQUEST FOR TAX RETURN 
                   INFORMATION.

       ``The Secretary shall advise students and borrowers who 
     submit an application for Federal student financial aid under 
     this title or for the discharge of a loan based on permanent 
     and total disability, as described in section 437(a), or who 
     request an income-contingent or income-based repayment plan 
     on their loan (as well as parents and spouses who sign such 
     an application or request or a Master Promissory Note on 
     behalf of those students and borrowers) that the Secretary 
     has the authority to request that the Internal Revenue 
     Service disclose their tax return information (as well as 
     that of parents and spouses who sign such an application or 
     request or a Master Promissory Note on behalf of those 
     students and borrowers) to officers, employees, and 
     contractors of the Department of Education as authorized 
     under section 6103(1)(13) of the Internal Revenue Code of 
     1986, to the extent necessary for the Secretary to carry out 
     this title.''.
       (b) Conforming Amendment.--Section 484(q) (20 U.S.C. 
     1091(q)) is amended to read as follows:
       ``(q) reserved''.

     SEC. 5. INCREASED FUNDING FOR FEDERAL PELL GRANTS.

       Section 401(b)(7)(A)(iv) (20 U.S.C. 1070a(b)(7)(A)(iv)) is 
     amended--
       (1) in subclause (X), by striking ``$1,430,000,000'' and 
     inserting ``$1,455,000,000''; and
       (2) in subclause (XI), by striking ``$1,145,000,000'' and 
     insert ``$1,170,000,000''.

     SEC. 6. REPORTS ON IMPLEMENTATION.

       (a) In General.--Not later than each specified date, the 
     Secretary of Education and the Secretary of the Treasury 
     shall issue joint reports to the Committees on Health, 
     Education, Labor, and Pensions and Finance of the Senate and 
     the Committees on Education and Labor and Ways and Means of 
     the House of Representatives regarding the amendments made by 
     this Act. Each such report shall include, as applicable--
       (1) an update on the status of implementation of the 
     amendments made by this Act,
       (2) an evaluation of the processing of applications for 
     Federal student financial aid, and applications for income-
     based repayment and income contingent repayment, under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), in accordance with the amendments made by this Act, 
     and
       (3) implementation issues and suggestions for potential 
     improvements.
       (b) Specified Date.--For purposes of subsection (a), the 
     term ``specified date'' means--
       (1) the date that is 90 days after the date of the 
     enactment of this Act,
       (2) the date that is 120 days after the first day that the 
     disclosure process established under section 6103(l)(13) of 
     the Internal Revenue Code of 1986, as amended by section 3(a) 
     of this Act, is operational and accessible to officers, 
     employees, and contractors of the Department of Education (as 
     specifically authorized and designated by the Secretary of 
     Education), and
       (3) the date that is 1 year after the report date described 
     in paragraph (2).

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