[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2371 Considered and Passed Senate (CPS)]







110th CONGRESS
  1st Session
                                S. 2371

      To amend the Higher Education Act of 1965 to make technical 
                              corrections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2007

   Mr. Kennedy introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
      To amend the Higher Education Act of 1965 to make technical 
                              corrections.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITION OF UNTAXED INCOME AND BENEFITS.

    (a) Amendment.--Section 480(b) of the Higher Education Act of 1965 
(20 U.S.C. 1087vv(b)) is amended by striking paragraph (2) and 
inserting the following:
            ``(2) The term `untaxed income and benefits' shall not 
        include--
                    ``(A) the amount of additional child tax credit 
                claimed for Federal income tax purposes;
                    ``(B) welfare benefits, including assistance under 
                a State program funded under part A of title IV of the 
                Social Security Act and aid to dependent children;
                    ``(C) the amount of earned income credit claimed 
                for Federal income tax purposes;
                    ``(D) the amount of credit for Federal tax on 
                special fuels claimed for Federal income tax purposes;
                    ``(E) the amount of foreign income excluded for 
                purposes of Federal income taxes; or
                    ``(F) untaxed social security benefits.''.
    (b) Effective Date.--This section and the amendment made by this 
section shall take effect on July 1, 2009.

SEC. 2. INCOME-BASED REPAYMENT FOR MARRIED BORROWERS FILING SEPARATELY.

    Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) 
is amended by adding at the end the following:
    ``(d) Special Rule for Married Borrowers Filing Separately.--In the 
case of a married borrower who files a separate Federal income tax 
return, the Secretary shall calculate the amount of the borrower's 
income-based repayment under this section solely on the basis of the 
borrower's student loan debt and adjusted gross income.''.
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