[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Page 31674]
[From the U.S. Government Publishing Office, www.gpo.gov]




               TO AMEND THE HIGHER EDUCATION ACT OF 1965

  Mr. MENENDEZ. I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. 2371, introduced earlier today.
  The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2371) to amend the Higher Education Act of 1965 
     to make technical corrections.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MENENDEZ. I ask unanimous consent that the bill be read a third 
time, passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2371) was ordered to be engrossed for a third reading, 
was read the third time, and passed, 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. 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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