    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-91
    116th Congress

    An Act

    To reauthorize mandatory funding programs for historically Black
    colleges and universities and other minority-serving institutions, and
    for other purposes. <>

    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.

    [[Page 1190]]

    ``(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.

    [[Page 1191]]

    ``(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 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

    [[Page 1192]]

    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 ``(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

    [[Page 1193]]

    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--

    [[Page 1194]]

    ``(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.--

    [[Page 1195]]

    ``(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);
    ``(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.''.

    [[Page 1196]]

    (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

    [[Page 1197]]

    (3) the date that is 1 year after the report date described
    in paragraph (2).

    Approved December 19, 2019.

    LEGISLATIVE HISTORY--H.R. 5363:
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    CONGRESSIONAL RECORD, Vol. 165 (2019):
    Dec. 10, considered and passed House and Senate.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    Dec. 19, Presidential statement.