[Congressional Record Volume 165, Number 197 (Tuesday, December 10, 2019)]
[House]
[Pages H9961-H9967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOSTERING UNDERGRADUATE TALENT BY UNLOCKING RESOURCES FOR EDUCATION ACT
Ms. ADAMS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5363), to reauthorize mandatory funding programs for historically
Black colleges and universities and other minority-serving
institutions, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5363
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
This Act may be cited as the ``Fostering Undergraduate
Talent by Unlocking Resources for Education Act'' or the
``FUTURE Act''.
SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS.
Section 371(b)(1)(A) of the Higher Education Act of 1965
(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) 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) Applications and recertifications for income-
contingent or income-based repayment.--The Secretary shall,
upon written request from the Secretary of Education,
disclose to any authorized person, only for the purpose of
(and to the extent necessary in) determining eligibility for,
or repayment obligations under, income-contingent or income-
based repayment plans under title IV of the Higher Education
Act of 1965 with respect to loans under part D of such title,
the following return information from returns (for any
taxable year specified by the Secretary of Education as
relevant to such purpose) of an individual certified by the
Secretary of Education as having provided approval under
section 494(a)(2) of such Act (as in effect on the date of
enactment of this paragraph) for such disclosure:
``(i) Taxpayer identity information.
``(ii) Filing status.
``(iii) Adjusted gross income.
``(iv) Total number of exemptions claimed, if applicable.
``(v) Number of dependents taken into account in
determining the credit allowed under section 24.
``(vi) If applicable, the fact that there was no return
filed.
``(B) Discharge of loan based on total and permanent
disability.--The Secretary shall, upon written request from
the Secretary of Education, disclose to any authorized
person, only for the purpose of (and to the extent necessary
in) monitoring and reinstating loans under title IV of the
Higher Education Act of 1965 that were discharged based on a
total and permanent disability (within the meaning of section
437(a) of such Act), the following return information from
returns (for any taxable year specified by the Secretary of
Education as relevant to such purpose) of an individual
certified by the Secretary of Education as having provided
approval under section 494(a)(3) of such Act (as in effect on
the date of enactment of this paragraph) for such disclosure:
``(i) The return information described in clauses (i),
(ii), and (vi) of subparagraph (A).
``(ii) The return information described in subparagraph
(C)(ii).
``(C) Federal student financial aid.--The Secretary shall,
upon written request from the Secretary of Education,
disclose to any authorized person, only for the purpose of
(and to the extent necessary in) determining eligibility for,
and amount of, Federal student financial aid under a program
authorized under subpart 1 of part A, part C, or part D of
title IV of the Higher Education Act of 1965 the following
return information from returns (for the taxable year used
for purposes of section 480(a) of such Act) of an individual
certified by the Secretary of Education as having provided
approval under section 494(a)(1) of such Act (as in effect on
the date of enactment of this paragraph) for such disclosure:
``(i) Return information described in clauses (i) through
(vi) of subparagraph (A).
``(ii) The amount of any net earnings from self-employment
(as defined in section 1402(a)), wages (as defined in section
3121(a) or 3401(a)), and taxable income from a farming
business (as defined in section 236A(e)(4)).
``(iii) Amount of total income tax.
``(iv) Amount of any credit allowed under section 25A.
``(v) Amount of individual retirement account distributions
not included in adjusted gross income.
``(vi) Amount of individual retirement account
contributions and payments to self-employed SEP, Keogh, and
other qualified plans which were deducted from income.
``(vii) Amount of tax-exempt interest received.
``(viii) Amounts from retirement pensions and annuities not
included in adjusted gross income.
``(ix) 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.
``(x) If applicable, the amount reported on Schedule C (or
an equivalent successor schedule) as net profit or loss.
``(D) Additional uses of disclosed information.--
``(i) In general.--In addition to the purposes for which
information is disclosed under subparagraphs (A), (B), and
(C), return information so disclosed may be used by an
authorized person, with respect to income-contingent or
income-based repayment plans, awards of Federal student
financial aid under a program authorized under subpart 1 of
part A, part C, or part D of title IV
[[Page H9962]]
of the Higher Education Act of 1965, and discharges of loans
based on a total and permanent disability (within the meaning
of section 437(a) of such Act), for purposes of--
``(I) reducing the net cost of improper payments under such
plans, relating to such awards, or relating to such
discharges,
``(II) oversight activities by the Office of Inspector
General of the Department of Education as authorized by the
Inspector General Act of 1978, and
``(III) conducting analyses and forecasts for estimating
costs related to such plans, awards, or discharges.
``(ii) Limitation.--The purposes described in clause (i)
shall not include the conduct of criminal investigations or
prosecutions.
``(iii) Redisclosure to institutions of higher education,
state higher education agencies, and designated scholarship
organizations.--Authorized persons may redisclose return
information received under subparagraph (C), solely for the
use in the application, award, and administration of
financial aid awarded by the Federal government or awarded by
a person described in subclause (I), (II), or (III), to the
following persons:
``(I) An institution of higher education participating in a
program 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 an entity
designated (prior to the date of the enactment of this
clause) by the Secretary of Education under section
483(a)(3)(E) of such Act.
This clause shall only apply to the extent that the taxpayer
with respect to whom the return information relates provides
written consent for such redisclosure to the Secretary of
Education.
``(E) Authorized person.--For purposes of this paragraph,
the term `authorized person' means, with respect to
information disclosed under subparagraph (A), (B), or (C),
any person who--
``(i) is an officer, employee, or contractor, of the
Department of Education, and
``(ii) is specifically authorized and designated by the
Secretary of Education for purposes of such subparagraph
(applied separately with respect to each such subparagraph).
``(F) Joint returns.--In the case of a joint return, any
disclosure authorized under subparagraph (A), (B), or (C)
with respect to an individual shall be treated for purposes
of this paragraph as applying with respect to the
taxpayer.''.
(b) Confidentiality of Return Information.--Section
6103(a)(3) of such Code is amended by inserting ``, (13)''
after ``(12)''.
(c) Conforming Amendments.--
(1) Section 6103(p)(3)(A) of such Code is amended by
striking ``(13)''.
(2) Section 6103(p)(4) of such Code is amended by inserting
``, (13)'' after after ``(l)(10)'' each place it appears.
(d) Effective Date.--The amendments made by this section
shall apply to disclosures after the date of the enactment of
this Act.
(e) Requirement to Designate the Inspector General of the
Department of Education as an Authorized Person.--The
Secretary of Education shall authorize and designate the
Inspector General of the Department of Education as an
authorized person under subparagraph (E)(ii) of section
6103(l)(13) of the Internal Revenue Code of 1986 for purposes
of subparagraphs (A), (B), and (C) of such section.
(f) Report to Treasury.--The Secretary of Education shall
annually submit a written report to the Secretary of the
Treasury--
(1) regarding redisclosures of return information under
subparagraph (D)(iii) of section 6103(l)(13) of the Internal
Revenue Code of 1986, including the number of such
redisclosures, and
(2) regarding any unauthorized use, access, or disclosure
of return information disclosed under such section.
(g) Report to Congress.--The Secretary of the Treasury (or
the Secretary's designee) shall annually submit a written
report to Congress regarding disclosures under section
6103(l)(13) of the Internal Revenue Code of 1986, including
information provided to the Secretary under subsection (f).
SEC. 4. AUTOMATIC RECERTIFICATION OF INCOME.
(a) Income-contingent Repayment.--
(1) In general.--Section 455(e) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end
the following:
``(8) Automatic recertification.--
``(A) In general.--The Secretary shall establish and
implement, with respect to any borrower described in
subparagraph (B), procedures to--
``(i) use return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986, pursuant to
approval provided under section 494, to determine the
repayment obligation of the borrower without further action
by the borrower;
``(ii) allow the borrower (or the spouse of the borrower),
at any time, to opt out of disclosure under such section
6103(l)(13) and instead provide such information as the
Secretary may require to determine the repayment obligation
of the borrower (or withdraw from the repayment plan under
this subsection); and
``(iii) provide the borrower with an opportunity to update
the return information so disclosed before the determination
of the repayment obligation of the borrower.
``(B) Applicability.--Subparagraph (A) shall apply to each
borrower of a loan made under this part who, on or after the
date on which the Secretary establishes procedures under such
subparagraph--
``(i) selects, or is required to repay such loan pursuant
to, an income-contingent repayment plan; or
``(ii) recertifies income or family size under such
plan.''.
(2) Conforming amendment.--Section 455(e)(6) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(e)(6)) is amended--
(A) by striking ``including notification of such borrower''
and all that follows through ``that if a borrower'' and
inserting ``including notification of such borrower, that if
a borrower''; and
(B) by striking ``as determined using the information
described in subparagraph (A), or the alternative
documentation described in paragraph (3)''.
(b) Income-based Repayment.--Section 493C(c) of the Higher
Education Act of 1965 (20 U.S.C. 1098e(c)) is amended--
(1) by striking ``The Secretary shall establish'' and
inserting the following:
``(1) In general.--The Secretary shall establish''; and
(2) by striking ``The Secretary shall consider'' and
inserting the following:
``(2) Procedures for eligibility.--The Secretary shall--
``(A) consider'';
(3) by striking ``428C(b)(1)(E).'' and inserting the
following: ``428C(b)(1)(E); and
``(B) carry out, with respect to borrowers of any loan made
under part D (other than an excepted PLUS loan or excepted
consolidation loan), procedures for income-based repayment
plans that are equivalent to the procedures carried out under
section 455(e)(8) with respect to income-contingent repayment
plans.''.
SEC. 5. AUTOMATIC INCOME MONITORING PROCEDURES AFTER A TOTAL
AND PERMANENT DISABILITY DISCHARGE.
Section 437(a) of the Higher Education Act of 1965 (20
U.S.C. 1087(a)) is amended by adding at the end the
following:
``(3) Automatic income monitoring.--
``(A) In general.--The Secretary shall establish and
implement, with respect to any borrower described in
subparagraph (B), procedures to--
``(i) use return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986, pursuant to
approval provided under section 494, to determine the
borrower's continued eligibility for the loan discharge
described in subparagraph (B);
``(ii) allow the borrower, at any time, to opt out of
disclosure under such section 6103(l)(13) and instead provide
such information as the Secretary may require to determine
the borrower's continued eligibility for such loan discharge;
and
``(iii) provide the borrower with an opportunity to update
the return information so disclosed before determination of
such borrower's continued eligibility for such loan
discharge.
``(B) Applicability.--Subparagraph (A) shall apply--
``(i) to each borrower of a loan that is discharged due to
the total and permanent disability (within the meaning of
this subsection) of the borrower; and
``(ii) during the period beginning on the date on which
such loan is so discharged and ending on the first day on
which such loan may no longer be reinstated.''.
SEC. 6. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN
INFORMATION FROM THE INTERNAL REVENUE SERVICE.
(a) In General.--Part G of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at
the end the following:
``SEC. 494. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX
RETURN INFORMATION FROM THE INTERNAL REVENUE
SERVICE.
``(a) Notification and Approval Requirements.--
``(1) Federal student financial aid.--In the case of any
written or electronic application under section 483 by an
individual for Federal student financial aid under a program
authorized under subpart 1 of part A, part C, or part D, the
Secretary, with respect to such individual and any parent or
spouse whose financial information is required to be provided
on such application, shall--
``(A) notify such individuals that--
``(i) if such individuals provide approval under
subparagraph (B), the Secretary will have the authority to
request that the Secretary of the Treasury disclose return
information of such individuals to authorized persons (as
defined in section 6103(l)(13) of the Internal Revenue Code
of 1986) for the relevant purposes described in such section;
and
``(ii) the failure to provide such approval for such
disclosure will result in the Secretary being unable to
calculate eligibility for such aid to such individual; and
``(B) require, as a condition of eligibility for such aid,
that such individuals affirmatively approve the disclosure
described in subparagraph (A)(i).
``(2) Income-contingent and income-based repayment.--
``(A) New applicants.--In the case of any written or
electronic application by an individual for an income-
contingent or income-based repayment plan for a loan under
part D, the Secretary, with respect to such individual and
any spouse of such individual, shall--
``(i) provide to such individuals the notification
described in paragraph (1)(A)(i);
[[Page H9963]]
``(ii) require, as a condition of eligibility for such
repayment plan, that such individuals--
``(I) affirmatively approve the disclosure described in
paragraph (1)(A)(i) and agree that such approval shall serve
as an ongoing approval of such disclosure until the date on
which the individual elects to opt out of such disclosure
under section 455(e)(8) or the equivalent procedures
established under section 493C(c)(2)(B), as applicable; or
``(II) provide such information as the Secretary may
require to confirm the eligibility of such individual for
such repayment plan.
``(B) Recertifications.--With respect to the first written
or electronic recertification (after the date of the
enactment of the FUTURE Act) of an individual's income or
family size for purposes of an income-contingent or income-
based repayment plan (entered into before the date of the
enactment of the FUTURE Act) for a loan under part D, the
Secretary, with respect to such individual and any spouse of
such individual, shall meet the requirements of clauses (i)
and (ii) of subparagraph (A) with respect to such
recertification.
``(3) Total and permanent disability.--In the case of any
written or electronic application by an individual for a
discharge of a loan under this title based on total and
permanent disability (within the meaning of section 437(a))
that requires income monitoring, the Secretary shall--
``(A) provide to such individual the notification described
in paragraph (1)(A)(i); and
``(B) require, as a condition of eligibility for such
discharge, that such individual--
``(i) affirmatively approve the disclosure described in
paragraph (1)(A)(i) and agree that such approval shall serve
as an ongoing approval of such disclosure until the earlier
of--
``(I) the date on which the individual elects to opt out of
such disclosure under section 437(a)(3)(A); or
``(II) the first day on which such loan may no longer be
reinstated; or
``(ii) provide such information as the Secretary may
require to confirm the eligibility of such individual for
such discharge.
``(b) Limit on Authority.--The Secretary shall only have
authority to request that the Secretary of the Treasury
disclose return information under section 6103(l)(13) of the
Internal Revenue Code of 1986 with respect to an individual
if the Secretary of Education has obtained approval under
subsection (a) for such disclosure.''.
(b) Conforming Amendment.--Section 484(q) of the Higher
Education Act of 1965 (20 U.S.C. 1091(q)) is repealed.
SEC. 7. INCREASED FUNDING FOR FEDERAL PELL GRANTS.
Section 401(b)(7)(A)(iv) of the Higher Education Act of
1965 (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
inserting ``$1,170,000,000''.
SEC. 8. 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 how such implementation had affected
the processing of applications for Federal student financial
aid, applications for income-based repayment and income-
contingent repayment, and applications for discharge of loans
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) based on total and permanent disability; 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).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
North Carolina (Ms. Adams) and the gentleman from South Dakota (Mr.
Johnson) each will control 20 minutes.
The Chair recognizes the gentlewoman from North Carolina.
General Leave
Ms. ADAMS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on H.R. 5363, the Fostering Undergraduate
Talent by Unlocking Resources for Education, or FUTURE Act.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. ADAMS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to support H.R. 5363, the Fostering Undergraduate
Talent by Unlocking Resources for Education, or the FUTURE Act. We can
also simply call it FUTURE Act 2.0.
Mr. Speaker, 3 months ago, on September 17, the House of
Representatives unanimously passed the first version of the FUTURE Act,
H.R. 2486, which would have reauthorized title III, part F of the
Higher Education Act for the next 2 years. We acted on that day because
this important program, which prepares the 8 million students at our
Nation's minority-serving institutions for careers in STEM, expired on
September 30.
Unfortunately, inaction on the part of the Senate left us in a
situation where colleges and universities have already had to begin
laying off staff, and smaller schools have planned to cut back
programmatic offerings to stay afloat.
Fortunately, Congress has shown that we can actually come together
and work in a bipartisan, bicameral fashion to make the lives of our
citizens better. The agreement reached in H.R. 5363 will not only
reauthorize 255 million in mandatory funding for historically Black
colleges and universities and all MSIs for 2 years, it will reauthorize
this funding permanently.
A permanent reauthorization means that for the rest of time, long
after we are all gone, Mr. Speaker, diverse college students can count
on a robust investment from their Federal Government. And it was all
done because we, as Members, were able to put aside partisanship, come
together for the common cause of ensuring a bright and prosperous
future for millions of low-income, first-generation college students of
color.
Mr. Speaker, the FUTURE Act 2.0 is, once again, responsible
legislation that is completely paid for. There are a number of people
to thank for getting this bill to the floor today, but I want to
particularly recognize the leadership of Chairman Neal of the Committee
on Ways and Means and Representative DelBene for her partnership.
Because of these collaborative efforts, the House today can once again
address the number one priority of our minority-serving institutions,
which educate nearly 30 percent of all undergraduate students in
America.
Mr. Speaker, I include in the Record a letter from the American
Council on Education and 42 other national organizations in support of
the FUTURE Act's passage today by the House.
American Council on Education,
Washington, DC, December 10, 2019.
Representative Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Representative Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Dear Speaker Pelosi and Minority Leader McCarthy: On behalf
of the organizations listed below, we write to express our
strong support for H.R. 5363, the FUTURE Act. This
legislation is fully offset and offers practical solutions to
critical issues facing students and institutions. H.R. 5363
has strong bipartisan support, which is reflected in the fact
that previous iterations of this bill passed the House under
suspension in September, and an amended version passed the
Senate under unanimous consent last week.
This legislation addresses several important issues. First,
it would restore, and make permanent, critical mandatory
funding for Historically Black Colleges and Universities,
Hispanic-Serving Institutions, Tribal Colleges and
Universities and other Minority-Serving Institutions that had
expired at the end of September, allowing those institutions
to strengthen STEM education programs and build institutional
capacity to better serve students. It is vital that this
funding be restored immediately as campuses are already
making decisions regarding staffing, facilities and
programming, which are directly influenced by the
availability of this support.
Beyond the benefits to historically under-resourced
institutions, the FUTURE Act would make significant
improvements to the federal student aid system, by
simplifying and streamlining the processes for applying for
student aid and repaying student loans. This will
dramatically simplify the Free Application for Federal
Student Aid (FAFSA) and make it far easier for low- and
middle-income families to apply for and receive federal
student aid. In addition, the changes proposed in the
legislation will also make the process of paying for college
significantly easier for students and their families. This
bill would also strengthen the accuracy and effectiveness of
the administration of these programs.
[[Page H9964]]
Finally, the bill includes additional funding for the
Federal Pell Grant program, which is the cornerstone of
federal student aid. These grants enable millions of low-
income students to access and afford college, and we
appreciate the inclusion of additional support for this
valuable program.
For all of these reasons, we urge you, and the Members you
represent, to support this legislation when it comes to the
floor for a vote today. We appreciate your attention to this
important legislation and look forward to working with you to
ensure passage into law of the FUTURE Act.
Sincerely,
Ted Mitchell,
President.
On behalf of:
Achieving the Dream, Inc.; ACPA-College Student Educators
International; American Association of Colleges of Nursing;
American Association of Collegiate Registrars and Admissions
Officers; American Association of Community Colleges;
American Association of State Colleges and Universities;
American Association of University Professors; American
Council on Education; American Dental Education Association;
American Indian Higher Education Consortium; Association of
American Universities; Association of American Colleges and
Universities; Association of Catholic Colleges and
Universities; Association of Governing Boards of Universities
and Colleges.
Association of Jesuit Colleges and Universities;
Association of Public and Land-grant Universities; College
and University Professional Association for Human Resources;
Common App; Consortium of Universities of the Washington
Metropolitan Area; Council for Advancement and Support of
Education; Council for Higher Education Accreditation;
Council for Opportunity in Education; Council of Graduate
Schools; Council of Independent Colleges; Council on Social
Work Education; EDUCAUSE ETS; Hispanic Association of
Colleges and Universities; NAFSA: Association of
International Educators.
NASPA-Student Affairs Administrators in Higher Education;
National Association for College Admission Counseling;
National Association for Equal Opportunity in Higher
Education; National Association of College and University
Business Officers; National Association of Colleges and
Employers; National Association of Independent Colleges and
Universities; National Association of Student Financial Aid
Administrators; National Council for Community and Education
Partnerships; Phi Beta Kappa Society; The College Board;
TMCF; UNCF; UPCEA.
Ms. ADAMS. Mr. Speaker, I reserve the balance of my time.
Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, we live in a highly divided time, of course, high levels
of polarization, but I would submit, Mr. Speaker, that one thing that
every Member of this esteemed body can agree upon is they want people
to be able to work their way out of poverty, that that pathway out of
poverty is a critically important part of the American story.
And one thing that I know deep in my heart, and I know that my
colleague, Congresswoman Adams, agrees, and that is that education is a
powerful tool. Education and hard work creates opportunity for people
to be able to build better lives, and that is why we gather here today:
the FUTURE Act, Fostering Undergraduate Talent by Unlocking Resources
for Education Act.
Now, Congress has long recognized the importance of historically
Black colleges and Tribal colleges, of which there are a number in
South Dakota, and we will hear more about them in a bit, and there are
other minority-serving institutions. They play a critically important
role in building that pathway out of poverty that we have been talking
about.
We also know what a large role STEM--science, technology, engineering
and math--is playing in our country today, and we know that it will
play an even larger role in the future. And so what this bill does,
what the FUTURE Act does, is make sure that the Congressional
commitment to that STEM education continues for a decade.
Mr. Speaker, $255 million a year has gone to historically Black
institutions, Tribal colleges, and other minority-serving institutions.
It has unlocked great potential and great opportunity. We do know that
these institutions work. We know that they are worth investing in. We
know that graduates of those minority-serving institutions earn more
and have more successful careers than people who do not graduate from
those institutions.
And, in fact, we know that for many of the institutions, their
outcomes for their students are better than the outcomes for students
who graduate from non-minority-serving institutions. This a powerful
story, and it is worth investing in.
We talked about that for a decade this program has been in place and
it has been working. The 10-year authorization lapsed earlier this
year--September 30, 2019. We have an opportunity here today for this
Chamber to reinvest in what works and to get our work done on, at
least, close to on time.
So, Mr. Speaker, I have other comments to make, particularly about
Tribal colleges, but at this point, I reserve the balance of my time.
Ms. ADAMS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Washington (Ms. DelBene).
Ms. DelBENE. Mr. Speaker, I thank Congresswoman Adams for her
incredible work on this legislation.
Yesterday, I reintroduced an updated version of the Faster Access to
Federal Student Aid Act, also known as the FAFSA Act.
My bill, through better integration with the Department of Education
and the IRS, would simplify the application, verification, and student
loan repayment process. My bill also provides a more secure way for
taxpayer data to be shared between the IRS and the Department of
Education for the purposes of verifying income for applicants
requesting or renewing eligibility for income-driven loan repayment
plans.
My home State of Washington ranged 48 in FAFSA application completion
among high school seniors last year, leaving millions of dollars in
grants to attend college on the table. With the ever-rising cost of
education, that is unacceptable. Each year, roughly 19 percent of
borrowers in income-driven repayment fail to recertify their income on
time, resulting in payment spikes and interest capitalization for
approximately 1.3 million borrowers.
This important legislation is the first step in reducing the
burdensome verification process for students and parents filing for
aid, addressing a difficult challenge many students face accessing and
affording higher education.
I am honored to be working with my colleagues in the Senate, Chairman
Alexander and Ranking Member Murray, to simplify and streamline the
FAFSA application process and increase access to higher education for
students across the country. This bipartisan approach to FAFSA
simplification has been a long time coming.
I am pleased we were able to get the entirety of my bill included in
the FUTURE Act, which I urge my colleagues to support today. In these
challenging times, this kind of bipartisan solution is something that
we can all support.
Mr. JOHNSON of South Dakota. Mr. Speaker, for 22 years, Texas has
been ably represented by Congressman Kevin Brady, who has done a
fantastic job serving Texas in this country. But I do have to brag, he
is still a favored son of his native State of South Dakota, where Rapid
City and Vermillion remember him well.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas (Mr. Brady).
Mr. BRADY. Mr. Speaker, I thank Congressman Johnson for yielding me
time, and I thank him for his leadership for that great State.
Mr. Speaker, I rise in opposition--to be clear--not to the underlying
bill. I strongly support the education provision; the one that would
strengthen historically Black colleges and universities and other
minority-serving institutions. In fact, that provision has passed this
House with, I believe, unanimous support. But I do rise in opposition
to the dangerous precedent set by the tax provision included in this
bill. I don't believe taxpayer rights should be trampled in this
process.
The Senate, as you know, airdropped an unrelated $2.5 billion
provision that threatens taxpayer privacy and creates a dangerous
opportunity to potentially misuse our private tax information. The
bill, for the first time, now authorizes new large-scale sharing of
previously protected taxpayer information. With hundreds of
contractors, thousands of educational institutions, and other
bureaucrats, in many cases, without taxpayer consent and, potentially,
without the safeguards that protect it.
The scale we are talking about here is huge. We are talking about at
least 31 million individual disclosures of taxpayer information every
year and hundreds of thousands a year after that.
[[Page H9965]]
This would be the third largest disclosure of taxpayer information for
non-tax purposes in the history, second only to the Census and the
Affordable Care Act.
It doesn't have to be this way. We have another option that pays for
this bill but protects taxpayer information.
And why is that privacy so important? The IRS has more information
about you than almost any other agency in the Federal Government. They
know how many kids you have, how much money you make, whether you have
a home office, you bought a hybrid car. They know how much money you
donate; they know your marital status. That kind of information is
valuable. Almost every Federal agency would like access to it.
More importantly, a lot of bad actors would like to have access to
it. And out of this bill, these bad actors could have access for many
years after you go to school. We know Watergate the hearings revealed a
White House attorney who had tried to use IRS information to target
political enemies. And administrations have tried to do this for
farmers, unsuccessfully.
Congress recognized this vast amount of private information could be
abused, and we acted to protect it. Those protections ensure taxpayer
information is kept confidential unless it meets certain exemptions.
Over the years, we have added exemptions and we have deleted them,
but every time Congress has carefully considered the cost and the
consequences of those actions. But this bill's amendment is being
rushed through the House without that appropriate care or
consideration.
Today, when you file a form for a loan or a repayment or all that,
you fill out that information, or you download the taxpayer
information. That will be blocked. No more can you do that. So in the
future, these millions of records will be out in the nether lands for
years after you graduate from college. And as you know, once your data
is out there--the horse is out of the barn--you can never get it back.
Mr. Speaker, so I rise today in opposition to this bill, basically to
ask, ``let's pause.'' Let's pause this play, which we all support,
replace this privacy risk with another pay-for we can all agree on
while more work is done in this measure.
Ms. ADAMS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Washington (Ms. DelBene).
Ms. DelBENE. Mr. Speaker, I think this bill is all about making sure
that we support consumer privacy and that we do it in a streamlined
way. So the legislation in this bill would actually make this more
secure for consumers.
And, again, I reiterate, the underlying legislation, the FAFSA Act,
was passed out by the Republican majority and the Senate Finance
Committee almost a year ago, and then passed the Senate by unanimous
consent shortly after. So it is a truly bipartisan effort.
Currently, each year when verifying their income for an income-based
repayment plan, students have to manually go into their FAFSA account
and submit their IRS documents. They are submitting those documents.
The FAFSA Act would create a more secure way for folks to have their
IRS information be sent to the Department of Education for verification
by having their data go directly. That is a more secure and streamlined
process.
That streamlined process means that 8 to 9 million applicants who are
currently unable to access their IRS data for their FAFSA applications
for verification, that means this process will be automated and they
would be able to move forward with going to school and receiving the
support that they need.
{time} 1315
So, I strongly disagree with the concerns the gentleman raised. This
is strengthening security, strengthening privacy.
Also, students and parent borrowers always have the opportunity to
opt out of that transfer. They consent to it originally. They can opt
out of that transfer, if they so wish, later on.
Mr. Speaker, I strongly urge folks to support this bill, which
strengthens privacy and supports streamlining for parents and students.
Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, Chief Sitting Bull said: ``Let us put our minds together
and see what life we can make for our children.''
Now, Chief Sitting Bull has cast a long shadow in South Dakota and
that general geographic area. His words are as true today as they were
when he uttered them. And he is the namesake for one of the impressive,
successful, hardworking Tribal colleges in South Dakota.
They are collectively serving and improving the lives of thousands
of, largely, Native students, although, some White students as well.
And the outcomes are fantastic. They really are changing lives. They
work every single day, often in difficult geographic environments,
often in difficult financial environments, to help students who are so
often first-generation students take those important educational steps
to find that pathway toward a more successful life.
This is worth investing in. I have been to these colleges. Over my 20
years in and out of the public sector, I have been to Oglala Lakota
College, and I have been to Sitting Bull College and Sinte Gleska and
Sisseton Wahpeton.
The names of these presidents--Vermillion, Azure, Bordeaux, and
Shortbull--these are legends in the educational arena. Those leaders
and their staffs are using these dollars to deploy this STEM education
in a way that really works.
And we all know, Mr. Speaker, how important STEM education is. I
suspect we all understand that 15 of the 20 fastest growing careers are
in the STEM fields. They require advanced study in science, in
mathematics. We understand that job growth over the course of the next
10 years in these STEM fields will be 100 percent higher than job
growth in other fields.
Now, that is not in any way an attempt to minimize the importance of
other types of education, of course; but, if we want to have students
at historically Black colleges and Tribal universities and other
minority-serving institutions be prepared to be a key part of this
growing American economy, the FUTURE Act and the STEM education that it
supports is critically important.
Mr. Speaker, I reserve the balance of my time.
Ms. ADAMS. Mr. Speaker, I thank the gentleman for his comments, and I
will add my testimony to that, a 40-year college professor at Bennett
College in Greensboro, North Carolina, an HBCU, a fine HBCU, a women's
college; and having done my studies at North Carolina A&T State
University twice--my bachelor's and master's there--and knowing that
North Carolina has more HBCUs than any other State, we are proud of
that.
Having said that, Mr. Speaker, I yield 2 minutes to the gentlewoman
from Oregon (Ms. Bonamici), who is also a member of the Education and
Labor Committee and chair of the Subcommittee on Civil Rights and Human
Services.
Ms. BONAMICI. Mr. Speaker, I rise today in support of H.R. 5363, the
FUTURE Act.
This bill will provide critical support to our Nation's minority-
serving institutions by permanently reauthorizing mandatory funding for
historically Black colleges and universities, Tribally controlled
colleges and universities, and other minority-serving institutions.
These schools serve an important role in expanding opportunities for
African American students and historically unrepresented student
populations.
Congress must do all we can to make sure these institutions have the
resources they need to support their students, and I thank
Representative Adams for her tireless leadership on this issue.
In addition to the critical support for the historically Black
colleges and universities and minority-serving institutions, this bill
will also allow for the secure--and I repeat, secure--direct transfer
of taxpayer data from the IRS to the Department of Education to enroll
and reenroll borrowers in income-driven repayment plans. This change
will make a real difference for borrowers.
We know that borrowers with small loan balances are more likely to
default than borrowers with six-figure debts. Those who owe less than
$10,000
[[Page H9966]]
are most likely to default, are less likely to have completed their
degrees, and are often burdened by low incomes or unemployment.
I have heard from many borrowers in northwest Oregon who describe
loan repayment as anxiety-inducing, daunting, and overwhelming; and I
have heard from several constituents who faced financial consequences
for missing the deadline to annually recertify their income for income-
driven repayment plans.
This change will protect many borrowers from default by getting and
keeping them in manageable, income-driven repayment plans. This bill
will also remove burdensome paper requirements for borrowers who are
totally and permanently disabled.
This has been a longtime priority of mine through the bipartisan
SIMPLE Act, and I applaud my colleague, Representative DelBene, for her
leadership on the language included in the bill before us today.
Finally, I am pleased that this bill includes a much-needed increase
in Pell grant funding.
Mr. Speaker, I urge all of my colleagues to support this critical
legislation when it comes to the floor, as we continue our work to make
college more affordable and equitable for everyone.
Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, in August, I was at Sitting Bull College, and I had an
opportunity, over the course of half a day or so, to speak with the
instructors, the professors, the administrators, and, most importantly,
the students there. The stories of these students brought such a smile
to my face.
If anybody is having a bad day, you have got to go to one of these
Tribal colleges. You have got to hear from the students who are seeing
the prospects for a better tomorrow improve every single day they sit
in the classroom; to see these facilities, which are not the fanciest
campuses in America, but are places where people with large hearts and
with limited resources have built a center of learning and economic
opportunity.
One student had had a very difficult life, and I asked her: So why do
you persevere? Why are you here? Why are you doing homework late into
the night so you can be prepared for class? Wouldn't it be easier to go
do something else?
She said: Congressman Johnson, the life I have had isn't the life
that I want to have. My children deserve better, and, sir, I am going
to give it to them.
Hard work alone can only do so much. Hard work, when paired with
education, can unlock the universe. This is happening in our country,
and it is worth investing in.
Mr. Speaker, I reserve the balance of my time.
Ms. ADAMS. Mr. Speaker, may I inquire how much time remains on either
side.
The SPEAKER pro tempore. The gentlewoman from North Carolina has 11
minutes remaining. The gentleman from South Dakota has 9 minutes
remaining.
Ms. ADAMS. Mr. Speaker, I yield 4 minutes to the gentleman from
Virginia (Mr. Scott), the capable chair of the Committee on Education
and Labor.
Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlewoman for her
leadership in bringing this bill to the floor, and I want to thank all
of my House and Senate colleagues who have worked diligently on this
legislation.
Historically Black colleges and universities, Tribally controlled
colleges and universities, and other minority-serving institutions play
a significant role in expanding access to higher education for low-
income students and students of color.
Collectively, they educate more than one-fourth of all
undergraduates--nearly 6 million students--including many first-time
college students and students from our Nation's most underserved
communities.
Historically Black colleges and universities specifically make up
less than 3 percent of colleges and universities, yet they produce
almost 20 percent of all Black graduates, half of all Black
professionals, and over a third of all Black STEM graduates.
Unfortunately, despite their outsized role in serving our Nation's
most underserved students, HBCUs and MSIs have historically been
underresourced compared to other institutions of higher education.
That is why, 3 months ago, the House unanimously passed the FUTURE
Act, a proposal to provide vital funding for HBCUs and other MSIs.
Regrettably, that funding had expired on September 30. This bill will
restore that funding.
In fact, after careful negotiation and compromise, this bill we are
voting on today does not just restore the guarantee of more than $250
million a year for HBCUs and MSIs; it permanently authorizes that
funding. It also facilitates stronger cooperation between the IRS and
the Department of Education to simplify the Free Application for
Federal Student Aid, or FAFSA, to make it easier for students to access
student aid and repay their loans.
I want to note that, as mentioned, the FUTURE Act streamlines the
income-driven repayment process for millions of Direct Loan borrowers.
For the 12.4 million borrowers with a Federal Family Education Loan,
the loan from our old program that is winding down, this bill does not
disturb the Treasury's authority to continue operating the data
retrieval tool. This tool allows borrowers, including FFEL borrowers,
to retrieve their own tax information for the purposes of certifying
their income for an income-driven repayment plan.
Many FFEL borrowers are currently enrolled in income-driven repayment
plans and rely on this existing tool made available by the Internal
Revenue Service and the Department of Education. This legislation does
not eliminate the authority for the data retrieval tool, and, indeed,
we urge the Secretaries of Treasury and Education to maintain that tool
to ensure that all FFEL borrowers, especially those whose loans are
owned by the Department of Education, have streamlined access to
manageable monthly payments.
Before I close, I would like to give special thanks to Chairman Neal
of the Ways and Means Committee for his dedication and hard work in
negotiating to bring this bill to the floor. Thanks to his leadership,
we are voting on a bill today that will expand access to both
institutions of higher learning and student aid for generations to
come.
Mr. Speaker, I urge my colleagues to support the FUTURE Act.
Mr. JOHNSON of South Dakota. Mr. Speaker, just a short note about
Congresswoman Adams.
I have the honor of serving with her on both the Education and Labor
Committee as well as the Agriculture Committee, and, every time we have
a committee hearing, I get an opportunity to see her hard work, her
respect, her conscientiousness, her approach toward making this
institution be the best that it can be. She has done yeoman's work in
getting us to this point.
I would advise the Congresswoman as well as the Speaker that I have
no further speakers and that I am prepared to close at the appropriate
time, sir.
Mr. Speaker, I reserve the balance of my time.
Ms. ADAMS. Mr. Speaker, I thank the gentleman for his kind remarks,
and it is a real pleasure serving with him and working with him on this
particular issue.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr.
Doggett).
Mr. DOGGETT. Mr. Speaker, today's bill, which I am pleased to
cosponsor, accomplishes much good. While providing critical support for
minority-serving institutions like Huston-Tillotson in Austin, it
includes provisions from the bipartisan Student Aid Simplification Act,
which I introduced earlier this year. It will assist students in all
universities, and it is also mighty important to graduates repaying
student debt.
I salute the chairman, Mr. Scott, for the work of his committee;
College Forward and National College Access Network, who have worked
with me on this for months; and, certainly, Senators Murray and
Alexander for moving this through the Senate.
Too many students find the current Free Application for Federal
Student Aid, FAFSA, so complicated and the difficulty of getting all of
the financial information required so demanding that they never
complete the application. In fact, I was in San Antonio this past
weekend. The completion rate there is a mere 35 percent. So $2.6
billion in free money available for student
[[Page H9967]]
financial assistance goes unclaimed each year.
This bill will eliminate up to 22 FAFSA questions and require the
Department of Education and IRS to work together and do some of the
heavy lifting for the students by sharing the taxpayer information
required for FAFSA completion. This means an increase in access to Pell
grants and other educational opportunities, especially for first-time
students whose parents may work multiple jobs.
And the provisions included from the bill that we introduced earlier
this year will also eliminate problems that about 7 million students
who graduated have faced in the annual recertification process for
income-driven loans.
{time} 1330
These are folks who may owe a lot, but they don't earn a lot. They
include many teachers who have been kicked out of the Public Service
Loan Forgiveness program for not recertifying each year. We eliminate
that. These borrowers will now be protected from payment spikes.
We do all this through administrative simplification, through greater
accuracy, so the bill actually raises the $2.8 billion that we need for
our minority-serving institutions.
When more students can access all the education that they are willing
to work for, the students win, their families win, and our economy
wins. Investing in our students is one of the best investments we can
make, and investing in our minority-serving institutions means that
opportunity is available for all.
Mr. JOHNSON of South Dakota. Mr. Speaker, I reserve the balance of my
time.
Ms. ADAMS. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Castro).
Mr. CASTRO of Texas. Mr. Speaker, I rise today in support of H.R.
5363, the FUTURE Act.
I thank all the Members of Congress, the Members of the Senate, the
educational institutions, and the advocates who helped shepherd this
legislation.
Under the FUTURE Act, MSIs will permanently receive the $255 million
they need for the next 10 years. Without this funding, schools would
miss out on funding for STEM programs, academic counseling, and
financial support for students in need.
This funding can be the difference between millions of students being
able to afford college or attend college at all. This funding provides
many students of color with the only opportunity they have ever had to
enter fields where they are so often sorely underrepresented.
We must support these critical efforts by MSIs to help students
complete their college degrees and diversify STEM careers.
Today, many students continue to leave STEM fields while in college,
especially minority students. About 37 percent of Latino STEM students
and 40 percent of Black STEM students will switch majors during
college, compared to 29 percent of White STEM students. About 20
percent of Latino students and 26 percent of Black students will drop
out before completing their STEM degrees.
By providing schools with a means to support their students, we can
prevent these trends from continuing and help diversify all fields of
study. It will help dismantle the lingering discrimination found in
some career fields that these folks want to pursue.
When we diversify, we develop different perspectives, gather better
talent, and become more competitive globally, and I urge my colleagues
to support this piece of legislation.
Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, this bill does three important things.
First, it invests in these historically Black colleges, Tribal
colleges, and other minority-serving institutions we have been talking
about, and the value proposition for those is clear. It is a great
American success story.
The second important thing that the FUTURE Act does is invest in STEM
education. We have talked a fair amount today about what an important
and powerful engine that can be for economic growth within this
country.
We have also talked a fair amount today about the third component of
this bill, which is streamlining and modernizing this complicated
Federal student aid system that costs American taxpayers real money.
That streamlining will help.
Mr. Speaker, with that three-pronged value proposition, we have
before us the FUTURE Act, which will continue this wonderful American
investment in STEM education at these minority-serving institutions. I
ask my colleagues to support the FUTURE Act.
Mr. Speaker, I yield back the balance of my time.
Ms. ADAMS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank the gentleman from South Dakota (Mr. Johnson)
for all of his work and his support. Let me again thank all of my
colleagues who have helped to bring us to the precipice of solidifying
a robust Federal investment into HBCUs and MSIs for all time. I thank
Chairman Neal and Representative DelBene, as well as Chairman Bobby
Scott for his leadership every step of the way in this effort. I thank
the chair of the Congressional Black Caucus, Congresswoman Karen Bass,
and the chairs of the Congressional Hispanic Caucus and the
Congressional Asian Pacific American Caucus, Congressman Joaquin Castro
and Congresswoman Judy Chu. I thank the leadership of the House for
making HBCUs and MSIs and the students they serve a priority for this
body.
It is telling how important this issue is for the fate of our Nation
that we are considering this measure in the midst of all that Congress
has to do before the end of the year.
To the advocates, the United Negro College Fund, the Thurgood
Marshall College Fund, and NAFEO, whose members have sent over 65,000
letters and made calls to Members of Congress, I hope we can let them
know that while they have worked hard, their hard work has paid off.
Mr. Speaker, 8 million students from across America are counting on
us today. They are counting on Congress to keep its promise.
In 2008, when mandatory funding language was first authorized in
title III, this body approved the measure by a vote of 354-to-58.
Congress in 2008 understood the importance of our HBCUs and MSIs and
the educational opportunities that they specifically tailor to students
who have traditionally been denied access to adequately funded schools
throughout their lives. Congress understood how the program was needed
to help these institutions fulfill their mission to assist students in
meeting their goals. That fact remains true now more than ever.
Let's have a strong vote to pass FUTURE Act 2.0 out of this House
today. Bring it to the Senate and send it to the President's desk so
that our HBCUs and MSIs and their students can finally have certainty
from their government and know that when Congress makes a promise to
provide for their future, we mean what we say.
Mr. Speaker, I urge my colleagues to support the legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from North Carolina (Ms. Adams) that the House suspend the
rules and pass the bill, H.R. 5363, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ARRINGTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________