[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9320 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9320
To amend the Internal Revenue Code of 1986 to allow a refundable credit
against income tax for tuition expenses incurred for each qualifying
child of the taxpayer in attending public or private elementary or
secondary school.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2022
Mr. Smith of New Jersey 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 allow a refundable credit
against income tax for tuition expenses incurred for each qualifying
child of the taxpayer in attending public or private elementary or
secondary school.
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 ``Education, Achievement, and
Opportunity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private schools supplement the public school system and
are a vital component of our Nation's school network.
(2) The public school system was created to serve students,
not the other way around. Children should have the opportunity
to attend the school system that is most conducive to
developing their abilities, and parents have the right to
choose the public or private school that best meets their
child's individual needs.
SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36C the following new section:
``SEC. 36D. ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year the amount of the qualified
education expenses paid by the taxpayer during the taxable year
for each qualifying child of the taxpayer.
``(2) Amount per child.--The amount of credit allowable
under paragraph (1) for any taxable year with respect to the
qualified education expenses of each qualifying child of the
taxpayer shall not exceed $10,000.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) (after the application of subsection (a)(2))
shall be reduced (but not below zero) by $50 for each $1,000
(or fraction thereof) by which the taxpayer's modified adjusted
gross income exceeds the threshold amount.
``(2) Definitions and special rules.--For purposes of this
paragraph (1)--
``(A) Threshold amount.--The term `threshold
amount' means--
``(i) $150,000 in the case of a joint
return, and
``(ii) $75,000 in any other case.
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income increased by any amount excluded from gross
income under section 911, 931, or 933.
``(C) Marital status.--Marital status shall be
determined under section 7703.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--The term `qualifying child' has
the meaning given such term in section 24(c).
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at a
qualified educational institution, and
``(ii) so much of the following non-tuition
expenses as does not exceed $1,500:
``(I) Computers, educational
software, computer support services,
and books required for courses of
instruction at a qualified educational
institution.
``(II) Academic tutoring (by a
person other than the taxpayer).
``(III) Special needs services for
qualifying children who are children
with disabilities (as such term is
defined in section 602(3) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1401(3)).
``(IV) Fees for transportation
services to and from a private school,
if the transportation is provided by
the school and the school charges a fee
for the transportation.
``(V) Academic testing services.
``(B) Amounts excluded.--The term does not include
special school fees for nonacademic purposes, including
fees for student activities, athletics, insurance,
school uniforms, and nonacademic after-school
activities.
``(3) Qualified educational institution.--The term
`qualified educational institution' means any public, charter,
private, parochial, or religious school organized for the
purpose of providing elementary or secondary education, or
both, without regard to the religious nature, character,
affiliation, mission, beliefs, or exercise of such school.
``(d) Adjustment for Coverdell Savings Account Distributions.--The
amount of qualified education expenses taken into account under
subsection (a) with respect to an individual for a taxable year shall
be reduced (before the application of subsection (b)) by the sum of any
amounts not includible in gross income under section 530(d)(2) for such
taxable year by reason of the qualified elementary and secondary
education expenses (as defined in section 530(b)(3)) of such individual
for such taxable year.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36D,'' after ``36C,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36D. Elementary and secondary education expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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