[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1338 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1338

 To amend the Internal Revenue Code of 1986 to increase the amount of 
   the charitable contribution deduction, to allow such deduction to 
    individuals who do not itemize other deductions, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1997

 Mr. Souder (for himseflf, Mrs. Myrick, Mr. Largent, Mr. McIntosh, Mr. 
Weller, Mr. Shadegg, Mr. Watts of Oklahoma, Mr. Coburn, Mrs. Kelly, Mr. 
  English of Pennsylvania, Mrs. Chenoweth, Mr. Duncan, Mr. Kolbe, Mr. 
     Bartlett of Maryland, Mr. Weldon of Florida, Mr. Graham, Mr. 
   Sensenbrenner, Mr. Cox of California, Mr. Chabot, Mr. Paul, Mrs. 
  Emerson, and Mr. Calvert) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to increase the amount of 
   the charitable contribution deduction, to allow such deduction to 
    individuals who do not itemize other deductions, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Giving Incentive and Volunteer 
Empowerment (GIVE) Act''.

SEC. 2. MODIFICATIONS TO DEDUCTION FOR CHARITABLE CONTRIBUTIONS.

    (a) Increase in Amount of Deduction for Individuals.--Paragraph (1) 
of section 170(a) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following: ``In the case of an individual, the 
amount of each charitable contribution shall be treated for purposes of 
this section as being equal to 120 percent of the amount of such 
contribution which (but for this sentence) would otherwise be taken 
into account under this section.''
    (b) Contributions Made After Close of Taxable Year.--Subsection (a) 
of section 170 of such Code is amended by adding at the end the 
following new paragraph:
            ``(4) Time when contributions deemed made.--The taxpayer 
        may elect to treat any charitable contribution which is made 
        not later than the time prescribed by law for filing the return 
        for the taxable year (not including extensions thereof) as 
        being made on the last day of such taxable year. Such an 
        election, once made, shall be irrevocable.''
    (c) Deduction Allowed To Individuals Who Do Not Itemize Other 
Deductions.--
            (1) In general.--Section 170 of such Code is amended by 
        redesignating subsection (m) as subsection (n) and by inserting 
        after subsection (l) the following new subsection:
    ``(m) Deduction for Individuals Not Itemizing Deductions.--In the 
case of an individual who does not itemize his deductions for the 
taxable year, the amount allowable under subsection (a) for the taxable 
year shall be taken into account as a direct charitable deduction under 
section 63 to the extent such amount exceeds $1,000 ($2,000 in the case 
of a joint return).''
            (2) Direct charitable deduction.--
                    (A) In general.--Subsection (b) of section 63 of 
                such Code is amended by striking ``and'' at the end of 
                paragraph (1), by striking the period at the end of 
                paragraph (2) and inserting ``, and'', and by adding at 
                the end thereof the following new paragraph:
            ``(3) the direct charitable deduction.''
                    (B) Definition.--Section 63 of such Code is amended 
                by redesignating subsection (g) as subsection (h) and 
                by inserting after subsection (f) the following new 
                subsection:
    ``(g) Direct Charitable Deduction.--For purposes of this section, 
the term `direct charitable deduction' means that portion of the amount 
allowable under section 170(a) which is taken as a direct charitable 
deduction for the taxable year under section 170(m).''
                    (C) Conforming amendment.--Subsection (d) of 
                section 63 of such Code is amended by striking ``and'' 
                at the end of paragraph (1), by striking the period at 
                the end of paragraph (2) and inserting ``, and'', and 
                by adding at the end thereof the following new 
                paragraph:
            ``(3) the direct charitable deduction.''
    (d) Charitable Contribution Deduction Not Subject To Overall 
Limitation on Itemized Deductions.--Subsection (c) of section 68 of 
such Code (relating to overall limitation on itemized deductions) is 
amended by striking ``and'' at the end of paragraph (2), by striking 
the period at the end of paragraph (3) and inserting ``, and'', and by 
adding at the end thereof the following new paragraph:
            ``(4) the deduction under section 170 (relating to 
        charitable, etc., contributions and gifts).''
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1996.
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