20 U.S.C. § 1098h
Procedure and requirements for requesting tax return information from the Internal Revenue Service
United States · Title 20 — EDUCATION · Status: effective
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- Citation
- 20 U.S.C. § 1098h, Procedure and requirements for requesting tax return information from the Internal Revenue Service, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/452212
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Full text
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, including return information, is required to be provided on such application, shall—
notify such individuals that—
if such individuals provide approval under subparagraph (B)—
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—
require, as a condition of eligibility for such repayment plan, that such individuals—
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—
require, as a condition of eligibility for such discharge, that such individual—
affirmatively approve the disclosure described in paragraph (1)(A)(i)(I) and agree that such approval shall serve as an ongoing approval of such disclosure until the earlier of—
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.
The information in a complete, unredacted Student Aid Report (including any return information disclosed under section 6103(l)(13) of title 26) with respect to an application described in subsection (a)(1) of an applicant for Federal student financial aid—
upon request for such information by such applicant, shall be provided to such applicant by—
A discussion of the information in an application described in subsection (a)(1) (including any return information disclosed under section 6103(l)(13) of title 26) of an applicant between an institution of higher education and the applicant may, with the written consent of the applicant, include an individual selected by the applicant (such as an advisor) to participate in such discussion.
A person receiving information under paragraph (1)(B) or (2) with respect to an applicant shall not use the information for any purpose other than the express purpose for which consent was granted by the applicant and shall not disclose such information to any other person without the express permission of, or request by, the applicant.
In this subsection:
The term “Student Aid Report” has the meaning given the term in section 668.2 of title 34, Code of Federal Regulations (or successor regulations).
The term “written consent” means a separate, written document that is signed and dated (which may include by electronic format) by an applicant, which—
An institution of higher education shall—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- FUTURE ActHouse: 319–96Senate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally
- An act to provide for reconciliation pursuant to title II of H. Con. Res. 14.