[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1575 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1575

 To amend the Internal Revenue Code of 1986 to provide assistance with 
elementary and secondary educational costs to parents of children with 
                             disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2003

   Mr. Paul 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 provide assistance with 
elementary and secondary educational costs to parents of children with 
                             disabilities.

    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 ``Help and Opportunities for Parents 
of Exceptional Children Act of 2003''.

SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATIONAL EXPENSES OF 
              CHILDREN WITH DISABILITIES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25B the 
following new section:

``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATIONAL EXPENSES OF 
              CHILDREN WITH DISABILITIES.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to the qualified educational expenses paid 
during such taxable year for elementary or secondary education of each 
child with a disability who is a dependent of the taxpayer with respect 
to whom the taxpayer is allowed a deduction under section 151.
    ``(b) Limitation.--The credit allowed by subsection (a) shall not 
exceed $3,000 per child with a disability for any taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified educational expenses.--
                    ``(A) In general.--The term `qualified educational 
                expenses' means cost of attendance in connection with 
                the elementary or secondary education of a student at a 
                qualified educational institution. Under regulations 
                prescribed by the Secretary, rules similar to the rules 
                relating to cost of attendance (within the meaning of 
                section 472 of the Higher Education Act of 1965 (20 
                U.S.C. 1087ll) (as in effect on the date of the 
                enactment of this paragraph) shall apply for purposes 
                of the preceding sentence.
                    ``(B) Coordination with education savings 
                accounts.--The amount taken into account under 
                subsection (a) with respect to a child shall be reduced 
                by the amount of any distribution from any Coverdell 
                education savings account of which such child is a 
                beneficiary which is not includible in gross income for 
                the taxable year by reason of section 530(d)(2)(A).
            ``(2) Qualified educational institution.--The term 
        `qualified educational institution' means any educational 
        institution (including any private, parochial, religious, or 
        home school) organized for the purpose of providing elementary 
        or secondary education.
            ``(3) Child with a disability.--The term `child with a 
        disability' shall have the same meaning as the meaning given to 
        such term by section 602(3) of the Individuals with 
        Disabilities Act (20 U.S.C. 1401(3)).
    ``(d) Adjustments for Inflation.--
            ``(1) In general.--In the case of any taxable year 
        beginning in a calendar year after 2003, the $3,000 amount 
        contained in subsection (b) shall be increased by an amount 
        equal to--
                    ``(A) $3,000, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins by substituting `calendar year 
                2002' for `calendar year 1992' in subparagraph (B) 
                thereof.
            ``(2) Rounding.--If any increase determined under paragraph 
        (1) is not a multiple of $10, such increase shall be rounded to 
        the next highest multiple of $10.
    ``(e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section, including regulations providing for claiming 
the credit under this section on form 1040EZ.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 25B the following new 
item:

                              ``Sec. 25C. Credit for elementary and 
                                        secondary educational expenses 
                                        of children with 
                                        disabilities.''.
    (c) Effective Date.--The amendments made by this Act shall apply to 
taxable years beginning after December 31, 2002.
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