II 

110TH CONGRESS 

1ST SESSION S. 360 

To amend the Internal Revenue Code of 1986 to expand expenses which 

qualify for the Hope Scholarship Credit and to make the Hope Scholarship Credit and the Lifetime Learning Credit refundable. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2007 

Mr. BINGAMAN (for himself and Mr. SMITH) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to expand 

expenses which qualify for the Hope Scholarship Credit 

and to make the Hope Scholarship Credit and the Lifetime Learning Credit refundable. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Greater Access To 

5 Education Act of 2007’’. 


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1 SEC. 2. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED 

2 AS PART OF HOPE SCHOLARSHIP CREDIT. 

3 (a) QUALIFIED TUITION AND RELATED EXPENSES

4 EXPANDED TO INCLUDE ROOM AND BOARD, BOOKS, 

5 SUPPLIES, AND EQUIPMENT.—Paragraph (1) of section 

6 25A(f) of the Internal Revenue Code of 1986 (defining 

7 qualified tuition and related expenses) is amended by add8 ing at the end the following new subparagraph: 

9 ‘‘(D) ADDITIONAL EXPENSES ALLOWED

10 FOR HOPE SCHOLARSHIP CREDIT.—For pur11 poses of the Hope Scholarship Credit, such 

12 term shall, with respect to any academic period, 

13 include— 

14 ‘‘(i) reasonable costs for such period 

15 incurred by the eligible student for room 

16 and board while attending the eligible edu17 cational institution, and 

18 ‘‘(ii) fees, books, supplies, and equip19 ment required for such period for courses 

20 of instruction at the eligible educational in21 stitution.’’. 

22 (b) HOPE SCHOLARSHIP CREDIT NOT REDUCED BY

23 FEDERAL PELL GRANTS AND SUPPLEMENTAL EDU24 CATIONAL OPPORTUNITY GRANTS.—Subsection (g) of sec25 tion 25A of such Code (relating to special rules) is amend26 ed by adding at the end the following new paragraph: 


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1 ‘‘(8) PELL AND SEOG GRANTS.—For purposes 

2 of the Hope Scholarship Credit, paragraph (2) shall 

3 not apply to amounts paid for an individual as a 

4 Federal Pell Grant or a Federal supplemental edu5 cational opportunity grant under subparts 1 and 3, 

6 respectively, of part A of title IV of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1070a and 1070b et 

8 seq., respectively).’’. 

9 (c) EXPANDED HOPE EXPENSES NOT SUBJECT TO

10 INFORMATION REPORTING REQUIREMENTS.—Subsection 

11 (e) of section 6050S of such Code (relating to definitions) 

12 is amended by striking ‘‘subsection (g)(2)’’ and inserting 

13 ‘‘subsections (f)(1)(D) and (g)(2)’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to expenses paid after December 

16 31, 2006 (in tax years ending after such date), for edu17 cation furnished in academic periods beginning after such 

18 date. 

19 SEC. 3. HOPE AND LIFETIME LEARNING CREDITS TO BE RE20 FUNDABLE. 

21 (a) CREDIT TO BE REFUNDABLE.—Section 25A of 

22 the Internal Revenue Code of 1986 (relating to Hope and 

23 Lifetime Learning credits), as amended by section 2, is 

24 hereby moved to subpart C of part IV of subchapter A 


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1 of chapter 1 of such Code (relating to refundable credits) 

2 and inserted after section 35. 

3 (b) TECHNICAL AMENDMENTS.— 

4 (1) Section 36 of the Internal Revenue Code of 

5 1986 is redesignated as section 37. 

6 (2) Section 25A of such Code (as moved by 

7 subsection (a)) is redesignated as section 36. 

8 (3) Paragraph (1) of section 36(a) of such Code 

9 (as redesignated by paragraph (2)) is amended by 

10 striking ‘‘this chapter’’ and inserting ‘‘this subtitle’’. 

11 (4) Subparagraph (B) of section 72(t)(7) of 

12 such Code is amended by striking ‘‘section 

13 25A(g)(2)’’ and inserting ‘‘section 36(g)(2)’’. 

14 (5) Subparagraph (A) of section 135(d)(2) of 

15 such Code is amended by striking ‘‘section 25A’’ and 

16 inserting ‘‘section 36’’. 

17 (6) Section 221(d) of such Code is amended— 

18 (A) by striking ‘‘section 25A(g)(2)’’ in 

19 paragraph (2)(B) and inserting ‘‘section 

20 36(g)(2)’’, 

21 (B) by striking ‘‘section 25A(f)(2)’’ in the 

22 matter following paragraph (2)(B) and insert23 ing ‘‘section 36(f)(2)’’, and 

24 (C) by striking ‘‘section 25A(b)(3)’’ in 

25 paragraph (3) and inserting ‘‘section 36(b)(3)’’. 


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1 (7) Section 222 of such Code is amended— 

2 (A) by striking ‘‘section 25A’’ in subpara3 graph (A) of subsection (c)(2) and inserting 

4 ‘‘section 36’’, 

5 (B) by striking ‘‘section 25A(f)’’ in sub6 section (d)(1) and inserting ‘‘section 36(f)’’, 

7 and 

8 (C) by striking ‘‘section 25A(g)(2)’’ in sub9 section (d)(1) and inserting ‘‘section 36(g)(2)’’. 

10 (8) Section 529 of such Code is amended— 

11 (A) by striking ‘‘section 25A(g)(2)’’ in sub12 clause (I) of subsection (c)(3)(B)(v) and insert13 ing ‘‘section 36(g)(2)’’, 

14 (B) by striking ‘‘section 25A’’ in subclause 

15 (II) of subsection (c)(3)(B)(v) and inserting 

16 ‘‘section 36’’, and 

17 (C) by striking ‘‘section 25A(b)(3)’’ in 

18 clause (i) of subsection (e)(3)(B) and inserting 

19 ‘‘section 36(b)(3)’’. 

20 (9) Section 530 of such Code is amended— 

21 (A) by striking ‘‘section 25A(g)(2)’’ in sub22 clause (I) of subsection (d)(2)(C)(i) and insert23 ing ‘‘section 36(g)(2)’’, 


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1 (B) by striking ‘‘section 25A’’ in subclause 

2 (II) of subsection (d)(2)(C)(i) and inserting 

3 ‘‘section 36’’, and 

4 (C) by striking ‘‘section 25A(g)(2)’’ in 

5 clause (iii) of subsection (d)(4)(B) and inserting 

6 ‘‘section 36(g)(2)’’. 

7 (10) Subsection (e) of section 6050S of such 

8 Code is amended by striking ‘‘section 25A’’ and in9 serting ‘‘section 36’’. 

10 (11) Subparagraph (J) of section 6213(g)(2) of 

11 such Code is amended by striking ‘‘section 

12 25A(g)(1)’’ and inserting ‘‘section 36(g)(1)’’. 

13 (12) Paragraph (2) of section 1324(b) of title 

14 31, United States Code, is amended by inserting be15 fore the period ‘‘or from section 36 of such Code’’. 

16 (13) The table of sections for subpart C of part 

17 IV of subchapter A of chapter 1 of the Internal Rev18 enue Code of 1986 is amended by striking the item 

19 relating to section 36 and inserting the following: 

‘‘Sec. 36. Hope and Lifetime Learning credits. 

‘‘Sec. 37. Overpayments of tax.’’. 

20 (14) The table of sections for subpart A of such 

21 part IV is amended by striking the item relating to 

22 section 25A. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2006. 

Æ 


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