Home > 106th Congressional Bills > H.R. 4034 (rh) To reauthorize the United States Patent and Trademark Office. [Reported in House] ...H.R. 4034 (rh) To reauthorize the United States Patent and Trademark Office. [Reported in House] ...
108th CONGRESS
2d Session
H. R. 4034
To amend the Internal Revenue Code of 1986 to allow a credit against
income tax for teacher classroom supply expenses, for improving
elementary and secondary education, and for contributions for
scholarships to attend elementary and secondary schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 2004
Mr. DeMint (for himself, Mrs. Musgrave, Mr. Barrett of South Carolina,
and Mr. Hoekstra) 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 credit against
income tax for teacher classroom supply expenses, for improving
elementary and secondary education, and for contributions for
scholarships to attend elementary and secondary schools, 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 ``National Education Advancement (NEA)
and Teacher Relief Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND
SECONDARY SCHOOLS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND
SECONDARY SCHOOLS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 75 percent of the qualified charitable contributions of the
taxpayer for the taxable year.
``(b) Maximum Credit.--
``(1) Individuals.--In the case of a taxpayer other than a
corporation, the credit allowed by subsection (a) for any
taxable year shall not exceed $500 ($1,000 in the case of a
joint return).
``(2) Corporations.--In the case of a corporation, the
credit allowed by subsection (a) shall not exceed $100,000.
``(c) Qualified Charitable Contribution.--For purposes of this
section--
``(1) In general.--The term `qualified charitable
contribution' means, with respect to any taxable year, the
aggregate amount allowable as a deduction under section 170
(determined without regard to subsection (d)(1)) for cash
contributions--
``(A) to a school tuition organization,
``(B) for the improvement, renovation, or
construction of a school facility that is used
primarily to provide education at the elementary or
secondary level, and
``(C) for the acquisition of computer technology or
equipment (as defined in subparagraph (E)(i) of section
170(e)(6)), or for training related to the use of such
technology or equipment, for use in a school facility
described in subparagraph (B).
``(2) Certain expenses of elementary and secondary school
teachers.--
``(A) In general.--In the case of an individual who
is an eligible educator, the term `qualified charitable
contribution' includes amounts allowable as a deduction
by section 162 paid or incurred by the eligible
educator in connection with books, supplies (other than
nonathletic supplies for courses of instruction in
health or physical education), computer equipment
(including related software and services) and other
equipment, and supplementary materials used by the
eligible educator in the classroom.
``(B) Coordination with exclusions.--An amount
shall be allowed as a credit under this section for
expenses described in subparagraph (A) only to the
extent the amount of such expenses exceeds the amount
excludable under section 135, 529(c)(1), or 530(d)(2)
for the taxable year.
``(3) School tuition organization.--
``(A) In general.--The term `school tuition
organization' means any organization which--
``(i) is described in section 170(c)(2),
``(ii) allocates at least 90 percent of its
gross income and contributions and gifts to
elementary and secondary school scholarships,
and
``(iii) awards scholarships to any student
who is eligible for free or reduced cost lunch
under the school program established under the
Richard B. Russell National School Lunch Act.
``(B) Elementary and secondary school
scholarship.--The term `elementary and secondary school
scholarship' means any scholarship excludable from
gross income under section 117 for expenses related to
education at or below the 12th grade level.
``(4) Eligible educator.--
``(A) In general.--The term `eligible educator'
means, with respect to any taxable year, an individual
who is a kindergarten through grade 12 teacher,
instructor, counselor, principal, or aide in a school
for at least 900 hours during a school year.
``(B) School.--For purposes of subparagraph (A),
the term `school' means any school which provides
elementary education or secondary education
(kindergarten through grade 12), as determined under
State law.
``(5) School facility.--The term `school facility' shall
not include any stadium or other facility primarily used for
athletic contests or exhibitions or other events for which
admission is charged to the general public.
``(d) Special Rules.--
``(1) Denial of double benefit.--Amounts taken into account
under subsection (a) shall not be taken into account in
determining any deduction allowed under section 162 or 170.
``(2) Application with other credits.--The credit allowable
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(e) Election to Have Credit not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit for contributions for the benefit of elementary and
secondary schools.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. REVISION OF DEFINITION OF SCHOOL FOR PURPOSES OF QUALIFIED
ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
(a) In General.--Paragraph (4) of section 530(b) of the Internal
Revenue Code of 1986 (defining qualified elementary and secondary
education expenses) is amended--
(1) in clauses (i) and (ii) of subparagraph (A), by
striking ``public, private, or religious'', and
(2) in subparagraph (B), by inserting after ``any school''
the following: ``, including a public, private, religious, or
home school,''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
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