2019 US Code
Title 20 - Education
Chapter 28 - Higher Education Resources and Student Assistance
Subchapter IV - Student Assistance
Part G - General Provisions Relating to Student Assistance Programs
Sec. 1098h - Procedure and requirements for requesting tax return information from the Internal Revenue Service
| 20 U.S.C. § 1098h (2019) |
| §1098h. Procedure and requirements for requesting tax return information from the Internal Revenue Service |
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(a) Notification and approval requirements
(1) Federal student financial aid
In the case of any written or electronic application under section 1090 of this title 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 title 26) 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). 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 1087e(e)(8) of this title or the equivalent procedures established under section 1098e(c)(2)(B) of this title, as applicable; or (II) provide such information as the Secretary may require to confirm the eligibility of such individual for such repayment plan. With respect to the first written or electronic recertification (after December 19, 2019) of an individual's income or family size for purposes of an income-contingent or income-based repayment plan (entered into before December 19, 2019) 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. In the case of any written or electronic application by an individual for a discharge of a loan under this subchapter based on total and permanent disability (within the meaning of section 1087(a) of this title) 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 1087(a)(3)(A) of this title; 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. The Secretary shall only have authority to request that the Secretary of the Treasury disclose return information under section 6103(l)(13) of title 26 with respect to an individual if the Secretary of Education has obtained approval under subsection (a) for such disclosure. |
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(Pub. L. 89–329, title IV, §494, as added Pub. L. 116–91, §6(a), Dec. 19, 2019, 133 Stat. 1194.) |
| United States Code, 2018 Edition, Supplement 1, Title 20 - EDUCATION |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV - STUDENT ASSISTANCE Part G - General Provisions Relating to Student Assistance Programs Sec. 1098h - Procedure and requirements for requesting tax return information from the Internal Revenue Service |
| section 1098h |
| 2019 |
| January 24, 2020 |
| No |
| standard |
| 133 Stat. 1194 |
| Public Law 89-329, Public Law 116-91 |
