[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]
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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