[Congressional Record Volume 152, Number 106 (Thursday, August 3, 2006)]
[Senate]
[Pages S8809-S8810]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MARTINEZ:
  S. 3792. A bill to amend the Internal Revenue Code of 1986 to allow a 
credit against tax for qualified elementary and secondary education 
tuition; to the Committee on Finance.
  Mr. MARTINEZ. Mr. President, today I rise to discuss a bill that aims 
to give America's children access to greater educational opportunities. 
As history has taught us, advanced societies are always built on a 
foundation of a few shared values--and education is a chief component 
of that foundation.
  For 21st century America to continue to lead the world, the leaders 
of this great Nation of ours must remain committed to providing every 
American child the opportunity to succeed in the classroom. A quality 
education unlocks the doors that lead to bigger life opportunities. As 
the axiom goes, knowledge is power [attributed to Sir Francis Bacon].
  In addition, our educational system should be helping parents to make 
better choices, not taking choices away from them.
  That is why I am introducing the Tax and Education Assistance for 
Children (TEACH) Act of 2006.
  Representative Vito Fossella of New York has already introduced this 
bill in the House of Representatives, where it has collected 34 
cosponsors. Six of those cosponsors come from my home State of Florida. 
Those cosponsors are Jeff Miller, Ginny Brown-Waite, Dave Weldon, John 
Mica, Katherine Harris and Tom Feeney.
  There is a good reason for this. In Florida and across America today, 
our public schools are facing new and troubling challenges.
  Many public schools are suffering from overcrowding, leading to a 
myriad of problems such as teacher shortages, threats to campus 
security, a lack of books, desks, and computers, to name a few. In this 
country, known to the world as a ``land of opportunity,'' American 
parents deserve better than to have their children suffer through a 
failing school system.
  We live in a consumer-driven society where numerous choices abound: 
car or SUV, caffeinated or decaf, book in print or book on tape.
  We live in a country where you can make airline reservations from a 
portable electronic device, where a doctor can remotely assist in a 
surgery from thousands of miles away, where we can power our homes with 
Sun, wind, or water, and yet too often parents do not have a basic 
choice for their children: public school or private school.
  Many parents would like to send their children to a traditional 
private, religious, or military school, however, they are often unable 
to do so because of the high costs of such an endeavor.
  Many middle-class parents make enough to take care of their families, 
but not enough for their families to pick up and move to a better 
school district or for them to send their children to a private school 
where they are living.
  As we know, it is the innate desire of parents to want to provide the 
very best for their children. While public schools are the right choice 
for tens of millions of American children each and every year, more 
than 5 million American students currently attend private schools at 
little or no cost to American taxpayers.
  We want to help students reach their maximum potential. In this 
country and around the globe, the best educated people are nearly 
always the ones leading their respective communities forward.
  This bill would establish a tax credit of up to $4,500 per family for 
private elementary or secondary school tuition. Single parents would 
also be eligible for the credit.
  And because we always want to be responsible with how taxpayers' 
money is spent, the tax credit is nonrefundable. To elaborate, this 
means that if tuition is only three thousand dollars at a school, 
families will only be able to deduct that amount.
  This credit would pass along a small portion of taxpayer savings back 
to the families that help generate it.
  For all those middle-class and lower income families across America 
who feel trapped, who feel as if they don't have the power to choose 
what is best for their children and their educational needs, the TEACH 
Act of 2006 will make it possible for them to choose the best learning 
environment for their children.
  It is also important to note that this bill does not institute a 
voucher program. Instead, as a Federal income tax credit, it helps 
families to have choices, while not detracting from the funding sources 
needed to continue upkeep of and improvements in our public schools.
  This bill would alleviate the financial burden on our public schools, 
and thus allow schools to devote greater resources toward improving the 
educational experience for all students.
  And the American taxpayer should not worry that this bill will reduce 
the funding for their child's school or for any other public school--it 
won't. What it will do is increase the value of every child's 
educational experience, be it in a public or private school.
  According to the U.S. Census Bureau statistics from 2004, the cost of 
educating a student in the public school system is close to $8,000 a 
year. Multiplied out, this comes to a total savings of over $42 billion 
a year for our public school systems.
  If the millions of privately educated students in this country were 
to be publicly educated, every taxpayer would have to bear that burden.
  With this legislation, parents win because their children get the 
best education possible and the American taxpayer wins because they owe 
nothing more.
  And where Florida is concerned, according to the aforementioned U.S. 
Census Bureau statistics, approximately, $6,000 is spent annually per 
public school student in the Sunshine State.
  With more than 350,000 students attending private schools in Florida 
annually, our State's taxpayers save $2.2 billion--and that savings can 
benefit public schools.
  The TEACH Act of 2006 would help to add to those savings.
  America is an ownership society where people get to make choices 
about how they spend their money and where they are going to spend it.
  With a choice as important as where and how our children are 
educated, we need to put more of the power in the hands of the parents.
  While this is in no way comprehensive education reform, it is another 
big step in the right direction.
  I encourage my Senate colleagues to learn more about the TEACH Act 
and to work with me to push through this legislation that will help our 
children across America receive the education that they need.
  Remember, if we do not continue to invest in our future today, 
tomorrow will not show us the bright promise that it can. Let us carry 
that promise home to more Americans today.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3792

       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 ``Tax and Education Assistance 
     for Children (TEACH) Act of 2006''.

     SEC. 2. CREDIT FOR QUALIFIED ELEMENTARY AND SECONDARY 
                   EDUCATION TUITION.

       (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 25D the following new section:

     ``SEC. 25E. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION 
                   TUITION.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for a taxable 
     year an amount equal to the qualified elementary and 
     secondary education tuition paid or incurred by the taxpayer 
     during the taxable year.
       ``(b) Dollar Limitation.--The amount allowed as a credit 
     under subsection (a) with

[[Page S8810]]

     respect to the taxpayer for any taxable year shall not 
     exceed--
       ``(1) $4,500 in the case of a joint return,
       ``(2) $4,500 in the case of an individual who is not 
     married, and
       ``(3) $2,250 in the case of a married individual filing a 
     separate return.
       ``(c) Qualified Elementary and Secondary Education 
     Tuition.--
       ``(1) In general.--The term `qualified elementary and 
     secondary education tuition' means expenses for tuition which 
     are incurred in connection with the enrollment or attendance 
     of any dependent of the taxpayer with respect to whom the 
     taxpayer is allowed a deduction under section 151 as an 
     elementary or secondary school student at a private or 
     religious school.
       ``(2) School.--The term `school' means any school which 
     provides elementary education or secondary education 
     (kindergarten through grade 12), as determined under State 
     law.''.
       (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 25D 
     the following new item:

``Sec. 25E. Qualified elementary and secondary education tuition.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2006.
                                 ______