[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14184-H14185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      MAKING TECHNICAL CORRECTIONS TO HIGHER EDUCATION ACT OF 1965

  Mrs. McCARTHY of New York. Mr. Speaker, I move to suspend the rules 
and pass the Senate bill (S. 2371) to amend the Higher Education Act of 
1965 to make technical corrections, as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2371

       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.

[[Page H14185]]

     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.''.

     SEC. 3. TEACH GRANTS TECHNICAL AMENDMENTS.

       Subpart 9 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070g et seq.) is amended--
       (1) in section 420L(1)(B), by striking ``sound'' and 
     inserting ``responsible''; and
       (2) in section 420M--
       (A) by striking ``academic year'' each place it appears in 
     subsections (a)(1) and (c)(1) and inserting ``year''; and
       (B) in subsection (c)(2)--
       (i) by striking ``other student assistance'' and inserting 
     ``other assistance the student may receive''; and
       (ii) by striking the second sentence.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Mrs. McCarthy) and the gentleman from Pennsylvania (Mr. 
Platts) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Mrs. McCARTHY of New York. Mr. Speaker, I request 5 legislative days 
during which Members may insert material relevant to S. 2371 into the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. McCARTHY of New York. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mrs. McCARTHY of New York asked and was given permission to revise 
and extend her remarks.)
  Mrs. McCARTHY of New York. Mr. Speaker, I rise in support of the 
amendment to S. 2371. This bill makes technical corrections to the 
College Cost Reduction and Access Act in order to ensure that the 
Department of Education and other relevant stakeholders reflect 
congressional intent when implementing the law.
  Mr. Speaker, during this Congress we have made significant 
commitments to our Nation's students and families by putting resources 
into the hands of those that need it the most.
  The College Cost Reduction and Access Act as passed and signed by the 
President does more to help Americans pay for college than any other 
effort since the GI Bill, at no new cost to taxpayers.
  Specifically, the legislation provided a landmark investment of $20 
billion in additional funding for Pell Grants, reductions in the 
interest rates on student loans, and the creation of programs to help 
students manage debt, as well as encourage individuals to pursue public 
service.
  Providing this critical funding is a large part of our efforts to 
increase access and affordability to higher education. Our work on 
reforming and strengthening higher education is not finished for this 
Congress.
  I look forward to working with Chairman Miller and the rest of the 
Education and Labor Committee on the reauthorization of the Higher 
Education Act as it continues through the process. As passed by the 
Senate and amended in this bill, the technical amendments contained in 
the bill clarify the definition of untaxed income and benefits to 
ensure it does not include those items in the calculation that were 
removed from the list under CCRAA; clarifies that married borrowers' 
income-based repayment payments shall be determined solely on the 
individual borrower's loan information and the individual's income 
without considering the spouse's income or any other loan debt that 
they may have if the married borrower files taxes separately; conforms 
language in the TEACH Grant Program to ensure appropriate 
implementation.
  Mr. Speaker, swift passage of S. 2371, as amended, will ensure that 
students and families will fully benefit from the programs, funding, 
and intent provided in the College Cost Reduction and Access Act. I 
urge my colleagues to support this provision.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PLATTS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 2371, a bill providing for 
technical changes to the College Cost Reduction and Access Act of 2007. 
This bill includes two necessary clarifications and corrections to 
ensure that this act, a series of financial aid changes made through 
this year's budget reconciliation process, is implemented as Congress 
intended.
  The bill before us today would make some, but not all, of the 
important technical amendments that are needed to ensure that the 
Department of Education is able to put this law into place in a manner 
consistent with congressional intent. The bill clarifies the untaxed 
income and benefit items that are to be included in the needs analysis 
formula for purposes of determining what a family can actually pay for 
their child's education. It also ensures that borrowers selecting the 
new income-based repayment plan will not face a penalty simply because 
they are married. Finally, the bill also provides technical amendments 
to the TEACH Grant program.
  There are several other important technical corrections in a bill 
that the House passed prior to the Thanksgiving Day recess. The changes 
clarified that members of the Armed Forces Reserves are eligible for 
student loan deferments when they return home after serving abroad. The 
House-passed bill also encouraged families to adopt older children by 
permitting any student that was in foster care through the age of 13 to 
be treated as an independent student, even if the child was adopted 
after the age of 13. Unfortunately, most of these changes will not be 
enacted because our colleagues on the other side of the Capitol 
eliminated them from the bill, despite the bipartisan support shown for 
these important reforms here in the House.
  These reforms are technical in nature, but their consequences will be 
far-reaching. Prior to the Thanksgiving Day recess, the Education and 
Labor Committee unanimously passed a bill to expand college access and 
affordability. Consistent with that goal, this package of technical 
corrections will improve our financial aid programs by clarifying the 
intent of the recently enacted College Cost Reduction and Access Act. I 
urge my colleagues to join me in supporting this important measure.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. McCARTHY of New York. Mr. Speaker, in closing, I want to thank 
Chairman Miller for his leadership on this important issue which will 
keep costs down for our Nation's students, and I urge each Member to 
support this reauthorization.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Mrs. McCarthy) that the House suspend the 
rules and pass the Senate bill, S. 2371, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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