Us Congress 2023-2024 Regular Session

Us Congress House Bill HB6795 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 6795
55 To amend the Internal Revenue Code of 1986 to provide incentives for
66 education.
77 IN THE HOUSE OF REPRESENTATIVES
88 DECEMBER14, 2023
99 Mr. B
1010 URLISON(for himself and Mr. CARTERof Texas) introduced the
1111 following bill; which was referred to the Committee on Ways and Means
1212 A BILL
1313 To amend the Internal Revenue Code of 1986 to provide
1414 incentives for education.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘Achieving Choice in 4
1919 Education Act’’ or the ‘‘ACE Act’’. 5
2020 SEC. 2. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND AD-6
2121 DITIONAL ELEMENTARY AND SECONDARY EX-7
2222 PENSES. 8
2323 (a) I
2424 NGENERAL.—Section 529(c)(7) of the Internal 9
2525 Revenue Code of 1986 is amended to read as follows: 10
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2929 ‘‘(7) TREATMENT OF ELEMENTARY AND SEC -1
3030 ONDARY TUITION.—Any reference in this section to 2
3131 the term ‘qualified higher education expense’ shall 3
3232 include a reference to the following expenses in con-4
3333 nection with enrollment or attendance at, or for stu-5
3434 dents enrolled at or attending, an elementary or sec-6
3535 ondary public, private, or religious school: 7
3636 ‘‘(A) Tuition. 8
3737 ‘‘(B) Curriculum and curricular materials. 9
3838 ‘‘(C) Books or other instructional mate-10
3939 rials. 11
4040 ‘‘(D) Online educational materials. 12
4141 ‘‘(E) Tuition for tutoring or educational 13
4242 classes outside of the home, including at a tu-14
4343 toring facility, but only if the tutor or instruc-15
4444 tor is not related to the student and— 16
4545 ‘‘(i) is licensed as a teacher in any 17
4646 State, 18
4747 ‘‘(ii) has taught at an eligible edu-19
4848 cational institution, or 20
4949 ‘‘(iii) is a subject matter expert in the 21
5050 relevant subject. 22
5151 ‘‘(F) Fees for a nationally standardized 23
5252 norm-referenced achievement test, an advanced 24
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5656 placement examination, or any examinations re-1
5757 lated to college or university admission. 2
5858 ‘‘(G) Fees for dual enrollment in an insti-3
5959 tution of higher education. 4
6060 ‘‘(H) Educational therapies for students 5
6161 with disabilities provided by a licensed or ac-6
6262 credited practitioner or provider, including oc-7
6363 cupational, behavioral, physical, and speech-lan-8
6464 guage therapies. 9
6565 Such term shall include expenses for the purposes 10
6666 described in subparagraphs (A) through (H) in con-11
6767 nection with a homeschool (whether treated as a 12
6868 homeschool or a private school for purposes of appli-13
6969 cable State law).’’. 14
7070 (b) E
7171 FFECTIVEDATE.—The amendment made by 15
7272 this section shall apply to distributions made after the 16
7373 date of the enactment of this Act. 17
7474 SEC. 3. INCREASE IN LIMITATION ON DISTRIBUTIONS 18
7575 FROM 529 PLANS FOR ELEMENTARY AND SEC-19
7676 ONDARY SCHOOL EXPENSES. 20
7777 (a) I
7878 NGENERAL.—Section 529(e)(3)(A) of the Inter-21
7979 nal Revenue Code of 1986 is amended by striking 22
8080 ‘‘$10,000’’ in the flush matter at the end and inserting 23
8181 ‘‘$20,000’’. 24
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8585 (b) EFFECTIVEDATE.—The amendment made by 1
8686 this section shall apply to taxable years beginning after 2
8787 December 31, 2023. 3
8888 SEC. 4. GIFT TAX EXCLUSIONS. 4
8989 (a) G
9090 IFTTAXEXCLUSION FORCONTRIBUTIONS TO 5
9191 529 P
9292 LANS.—Section 2503(b) of the Internal Revenue 6
9393 Code of 1986 is amended by adding at the end the fol-7
9494 lowing new paragraph: 8
9595 ‘‘(3) E
9696 XCLUSION FOR CONTRIBUTIONS TO 529 9
9797 PLANS.—The dollar amount in effect under para-10
9898 graph (1) with respect to gifts (to which such para-11
9999 graph applies) made to any person during any cal-12
100100 endar year shall be increased (not in excess of 13
101101 $20,000) by the amount of such gifts made during 14
102102 such calendar year to qualified tuition programs (as 15
103103 defined in section 529) with respect to which such 16
104104 person is the designated beneficiary.’’. 17
105105 (b) E
106106 FFECTIVEDATE.—The amendments made by 18
107107 this section shall apply to gifts made after December 31, 19
108108 2023. 20
109109 SEC. 5. TAX-EXEMPT BONDS RESTRICTED TO STATES THAT 21
110110 IMPLEMENT SCHOOL CHOICE LAWS. 22
111111 (a) I
112112 NGENERAL.—Section 103 of the Internal Rev-23
113113 enue Code of 1986 is amended by adding at the end the 24
114114 following new subsection: 25
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118118 ‘‘(d) RESTRICTION TO STATESTHATIMPLEMENT 1
119119 S
120120 CHOOLCHOICELAWS.— 2
121121 ‘‘(1) I
122122 N GENERAL.—Subsection (a) shall not 3
123123 apply to any State or local bond unless such bond 4
124124 is issued by a minimum school choice State or a po-5
125125 litical subdivision of such a State. 6
126126 ‘‘(2) P
127127 ARTIAL EXCLUSION WITH RESPECT TO 7
128128 CERTAIN STATES.— 8
129129 ‘‘(A) I
130130 N GENERAL.—In the case of any 9
131131 State or local bond issued by a minimum school 10
132132 choice State which does not meet the require-11
133133 ments of subparagraph (B) (or issued by any 12
134134 political subdivision of such a State), subsection 13
135135 (a) shall be applied by substituting ‘50 percent 14
136136 of the interest’ for ‘interest’. 15
137137 ‘‘(B) R
138138 EQUIREMENTS.—A minimum school 16
139139 choice State meets the requirements of this sub-17
140140 paragraph if the Secretary determines that— 18
141141 ‘‘(i) at least 65 percent of the speci-19
142142 fied school age children are eligible for one 20
143143 or more of such State’s school choice pro-21
144144 grams, and 22
145145 ‘‘(ii) the average amount spent by 23
146146 such State on the education of each speci-24
147147 fied school age child eligible for one or 25
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151151 more such State’s school choice programs 1
152152 is at least 75 percent of the average 2
153153 amount spent by such State on the edu-3
154154 cation of each specified school age child 4
155155 not eligible for one or more of such pro-5
156156 grams. 6
157157 ‘‘(3) M
158158 INIMUM SCHOOL CHOICE STATE .—For 7
159159 purposes of this subsection, the term ‘minimum 8
160160 school choice State’ means any State if the Sec-9
161161 retary determines that— 10
162162 ‘‘(A) such State has enacted one or more 11
163163 school choice programs, 12
164164 ‘‘(B) at least 40 percent of the specified 13
165165 school age children are eligible for one or more 14
166166 of such State’s school choice programs, and 15
167167 ‘‘(C) the average amount spent by such 16
168168 State on the education of each specified school 17
169169 age child eligible for one or more such State’s 18
170170 school choice programs is at least 60 percent of 19
171171 the average amount spent by such State on the 20
172172 education of each specified school age child not 21
173173 eligible for one or more of such programs. 22
174174 ‘‘(4) S
175175 CHOOL CHOICE PROGRAMS .—For pur-23
176176 poses of this subsection, the term ‘school choice pro-24
177177 gram’ means, with respect to any State, each of the 25
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181181 following with respect to elementary and secondary 1
182182 education in such State: 2
183183 ‘‘(A) Tax credit scholarship programs. 3
184184 ‘‘(B) Voucher programs. 4
185185 ‘‘(C) Education savings account program. 5
186186 ‘‘(D) Refundable tax credit for private edu-6
187187 cation expenses. 7
188188 ‘‘(5) S
189189 PECIFIED SCHOOL AGE CHILD .—For pur-8
190190 poses of this subsection, the term ‘specified school 9
191191 age child’ means, with respect to any State, any in-10
192192 dividual residing in such State who has not attained 11
193193 age 18.’’. 12
194194 (b) E
195195 FFECTIVEDATE.—The amendment made by 13
196196 this section shall apply to bonds issued after the date of 14
197197 the enactment of this Act. 15
198198 Æ
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