[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 292 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 S. 292

 To amend the Internal Revenue Code of 1986 to allow a credit against 
   tax for charitable donations to nonprofit organizations providing 
 education scholarships to qualified elementary and secondary students.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2025

Mr. Cassidy (for himself, Mr. Scott of South Carolina, Mr. Cornyn, Mr. 
Daines, Mr. Thune, Mrs. Hyde-Smith, Mr. Schmitt, Mr. Sheehy, Mr. Budd, 
 Mr. Cotton, Mr. Kennedy, Mr. Tuberville, Mr. Justice, Mr. Risch, Mr. 
Barrasso, Mr. Tillis, Mr. Marshall, Mr. Young, Mr. Hawley, Mrs. Britt, 
Mrs. Blackburn, Mr. McCormick, Mr. Cramer, Mr. Wicker, Ms. Lummis, Mr. 
Ricketts, and Mr. Husted) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to allow a credit against 
   tax for charitable donations to nonprofit organizations providing 
 education scholarships to qualified elementary and secondary students.

    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 ``Educational Choice for Children Act 
of 2025''.

SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING 
              ORGANIZATIONS.

    (a) Credit for Individuals.--
            (1) In general.--Subpart A of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        inserting after section 25E the following new section:

``SEC. 25F. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION SCHOLARSHIPS.

    ``(a) Allowance of Credit.--In the case of an individual who is a 
citizen or resident of the United States (as defined in section 
7701(a)(9)), there shall be allowed as a credit against the tax imposed 
by this chapter for the taxable year an amount equal to the aggregate 
amount of qualified contributions made by the taxpayer during the 
taxable year.
    ``(b) Limitations.--
            ``(1) In general.--The credit allowed under subsection (a) 
        to any taxpayer for any taxable year shall not exceed an amount 
        equal to the greater of--
                    ``(A) 10 percent of the adjusted gross income of 
                the taxpayer for the taxable year, or
                    ``(B) $5,000.
            ``(2) Allocation of volume cap.--The credit allowed under 
        subsection (a) to any taxpayer for any taxable year shall not 
        exceed the amount of the volume cap allocated by the Secretary 
        to such taxpayer under section 3 of the Educational Choice for 
        Children Act of 2025 with respect to qualified contributions 
        made by the taxpayer during the taxable year.
            ``(3) Reduction based on state credit.--The amount allowed 
        as a credit under subsection (a) for a taxable year shall be 
        reduced by the amount allowed as a credit on any State tax 
        return of the taxpayer for qualified contributions made by the 
        taxpayer during the taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible student.--The term `eligible student' means 
        an individual who--
                    ``(A) is a member of a household with an income 
                which is not greater than 300 percent of the area 
                median gross income (as such term is used in section 
                42), and
                    ``(B) is eligible to enroll in a public elementary 
                or secondary school.
            ``(2) Qualified contribution.--The term `qualified 
        contribution' means a charitable contribution (as defined by 
        section 170(c)) to a scholarship granting organization in the 
        form of cash or marketable securities.
            ``(3) Qualified elementary or secondary education 
        expense.--The term `qualified elementary or secondary education 
        expense' means the following expenses in connection with 
        enrollment or attendance at, or for students enrolled at or 
        attending, a public or private elementary or secondary school 
        (including a religious elementary or secondary school):
                    ``(A) Tuition.
                    ``(B) Curricula and curricular materials.
                    ``(C) Books or other instructional materials.
                    ``(D) Online educational materials.
                    ``(E) Tuition for tutoring or educational classes 
                outside of the home, including at a tutoring facility, 
                but only if the tutor or instructor is not related to 
                the student and--
                            ``(i) is licensed as a teacher in any 
                        State,
                            ``(ii) has taught at--
                                    ``(I) a public or private 
                                elementary or secondary school, or
                                    ``(II) an institution of higher 
                                education (as defined in section 101(a) 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1001(a))), or
                            ``(iii) is a subject matter expert in the 
                        relevant subject.
                    ``(F) Fees for a nationally standardized norm-
                referenced achievement test, an advanced placement 
                examination, or any examinations related to admission 
                to an institution of higher education.
                    ``(G) Fees for dual enrollment in an institution of 
                higher education.
                    ``(H) Educational therapies for students with 
                disabilities provided by a licensed or accredited 
                practitioner or provider, including occupational, 
                behavioral, physical, and speech-language therapies.
        Such term shall include expenses for the purposes described in 
        subparagraphs (A) through (H) in connection with a home school 
        (whether treated as a home school or a private school for 
        purposes of applicable State law).
            ``(4) Scholarship granting organization.--The term 
        `scholarship granting organization' means any organization--
                    ``(A) which--
                            ``(i) is described in section 501(c)(3) and 
                        exempt from tax under section 501(a), and
                            ``(ii) is not a private foundation,
                    ``(B) substantially all of the activities of which 
                are providing scholarships for qualified elementary or 
                secondary education expenses of eligible students,
                    ``(C) which prevents the co-mingling of qualified 
                contributions with other amounts by maintaining one or 
                more separate accounts exclusively for qualified 
                contributions, and
                    ``(D) which either--
                            ``(i) meets the requirements of subsection 
                        (d), or
                            ``(ii) pursuant to State law, was able (as 
                        of the date of the enactment of this section) 
                        to receive contributions that are eligible for 
                        a State tax credit if such contributions are 
                        used by the organization to provide 
                        scholarships to individual elementary and 
                        secondary students, including scholarships for 
                        attending private schools.
    ``(d) Requirements for Scholarship Granting Organizations.--
            ``(1) In general.--An organization meets the requirements 
        of this subsection if--
                    ``(A) such organization provides scholarships to 2 
                or more students, provided that not all such students 
                attend the same school,
                    ``(B) such organization does not provide 
                scholarships for any expenses other than qualified 
                elementary or secondary education expenses,
                    ``(C) such organization provides a scholarship to 
                eligible students with a priority for--
                            ``(i) students awarded a scholarship the 
                        previous school year, and
                            ``(ii) after application of clause (i), any 
                        such students who have a sibling who was 
                        awarded a scholarship from such organization,
                    ``(D) such organization does not earmark or set 
                aside contributions for scholarships on behalf of any 
                particular student,
                    ``(E) such organization takes appropriate steps to 
                verify the annual household income and family size of 
                eligible students to whom it awards scholarships, and 
                limits them to a member of a household for which the 
                income does not exceed the amount established under 
                subsection (c)(1)(A),
                    ``(F) such organization--
                            ``(i) obtains from an independent certified 
                        public accountant annual financial and 
                        compliance audits, and
                            ``(ii) certifies to the Secretary (at such 
                        time, and in such form and manner, as the 
                        Secretary may prescribe) that the audit 
                        described in clause (i) has been completed, and
                    ``(G) no officer or board member of such 
                organization has been convicted of a felony.
            ``(2) Income verification.--For purposes of paragraph 
        (1)(E), review of all of the following (as applicable) shall be 
        treated as satisfying the requirement to take appropriate steps 
        to verify annual household income:
                    ``(A) Federal and State income tax returns or tax 
                return transcripts with applicable schedules for the 
                taxable year prior to application.
                    ``(B) Income reporting statements for tax purposes 
                or wage and income transcripts from the Internal 
                Revenue Service.
                    ``(C) Notarized income verification letter from 
                employers.
                    ``(D) Unemployment or workers compensation 
                statements.
                    ``(E) Budget letters regarding public assistance 
                payments and Supplemental Nutrition Assistance Program 
                (SNAP) payments including a list of household members.
            ``(3) Independent certified public accountant.--For 
        purposes of paragraph (1)(F), the term `independent certified 
        public accountant' means, with respect to an organization, a 
        certified public accountant who is not a person described in 
        section 465(b)(3)(A) with respect to such organization or any 
        employee of such organization.
            ``(4) Prohibition on self-dealing.--
                    ``(A) In general.--A scholarship granting 
                organization may not award a scholarship to any 
                disqualified person.
                    ``(B) Disqualified person.--For purposes of this 
                paragraph, a disqualified person shall be determined 
                pursuant to rules similar to the rules of section 4946.
    ``(e) Denial of Double Benefit.--Any qualified contribution for 
which a credit is allowed under this section shall not be taken into 
account as a charitable contribution for purposes of section 170.
    ``(f) Carryforward of Unused Credit.--
            ``(1) In general.--If the credit allowable under subsection 
        (a) for any taxable year exceeds the limitation imposed by 
        section 26(a) for such taxable year reduced by the sum of the 
        credits allowable under this subpart (other than this section, 
        section 23, and section 25D), such excess shall be carried to 
        the succeeding taxable year and added to the credit allowable 
        under subsection (a) for such taxable year.
            ``(2) Limitation.--No credit may be carried forward under 
        this subsection to any taxable year following the fifth taxable 
        year after the taxable year in which the credit arose. For 
        purposes of the preceding sentence, credits shall be treated as 
        used on a first-in first-out basis.''.
            (2) Conforming amendments.--
                    (A) Section 25(e)(1)(C) of such Code is amended by 
                striking ``and 25D'' and inserting ``25D, and 25F''.
                    (B) 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 25E the 
                following new item:

``Sec. 25F. Qualified elementary and secondary education 
                            scholarships.''.
    (b) Credit for Corporations.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        adding after section 45AA the following:

``SEC. 45BB. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS.

    ``(a) General Rule.--For purposes of section 38, in the case of a 
corporation, the education scholarship credit determined under this 
section for the taxable year is the aggregate amount of qualified 
contributions for the taxable year.
    ``(b) Amount of Credit.--The credit allowed under subsection (a) 
for any taxable year shall not exceed 5 percent of the taxable income 
(as defined in section 170(b)(2)(D)) of the corporation for such 
taxable year.
    ``(c) Qualified Contributions.--For purposes of this section, the 
term `qualified contribution' has the meaning given such term under 
section 25F.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under any provision of this chapter for any expense for which a credit 
is allowed under this section.
    ``(e) Application of Volume Cap.--A qualified contribution shall be 
taken into account under this section only if such contribution is not 
in excess of the volume cap established under section 3 of the 
Educational Choice for Children Act of 2025.''.
            (2) Conforming amendments.--Section 38(b) of such Code is 
        amended by striking ``plus'' at the end of paragraph (40), by 
        striking the period and inserting ``, plus'' at the end of 
        paragraph (41), and by adding at the end the following new 
        paragraph:
            ``(42) the education scholarship credit determined under 
        section 45BB(a).''.
            (3) Clerical amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1 of such Code is 
        amended by adding at the end the following new item:

``Sec. 45BB. Contributions to scholarship granting organizations.''.
    (c) Failure of Scholarship Granting Organizations To Make 
Distributions.--
            (1) In general.--Chapter 42 of such Code is amended by 
        adding at the end the following new subchapter:

           ``Subchapter I--Scholarship Granting Organizations

``Sec. 4969. Failure to distribute receipts.

``SEC. 4969. FAILURE TO DISTRIBUTE RECEIPTS.

    ``(a) In General.--In the case of any scholarship granting 
organization (as defined in section 25F) which has been determined by 
the Secretary to have failed to satisfy the requirement under 
subsection (b) for any taxable year, any contribution made to such 
organization during the first taxable year beginning after the date of 
such determination shall not be treated as a qualified contribution (as 
defined in section 25F(c)(2)) for purposes of sections 25F and 45BB.
    ``(b) Requirement.--The requirement described in this subsection is 
that the amount of receipts of the scholarship granting organization 
for the taxable year which are distributed before the distribution 
deadline with respect to such receipts shall not be less than the 
required distribution amount with respect to such taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Required distribution amount.--
                    ``(A) In general.--The required distribution amount 
                with respect to a taxable year is the amount equal to 
                100 percent of the total receipts of the scholarship 
                granting organization for such taxable year--
                            ``(i) reduced by the sum of such receipts 
                        that are retained for reasonable administrative 
                        expenses for the taxable year or are carried to 
                        the succeeding taxable year under subparagraph 
                        (C), and
                            ``(ii) increased by the amount of the 
                        carryover under subparagraph (C) from the 
                        preceding taxable year.
                    ``(B) Safe harbor for reasonable administrative 
                expenses.--For purposes of subparagraph (A)(i), if the 
                percentage of total receipts of a scholarship granting 
                organization for a taxable year which are used for 
                administrative purposes is equal to or less than 10 
                percent, such expenses shall be deemed to be reasonable 
                for purposes of such subparagraph.
                    ``(C) Carryover.--With respect to the amount of the 
                total receipts of a scholarship granting organization 
                with respect to any taxable year, an amount not greater 
                than 15 percent of such amount may, at the election of 
                such organization, be carried to the succeeding taxable 
                year.
            ``(2) Distributions.--The term `distribution' includes 
        amounts which are formally committed but not distributed. A 
        formal commitment described in the preceding sentence may 
        include contributions set aside for eligible students for more 
        than one year.
            ``(3) Distribution deadline.--The distribution deadline 
        with respect to receipts for a taxable year is the first day of 
        the third taxable year following the taxable year in which such 
        receipts are received by the scholarship granting 
        organization.''.
            (2) Clerical amendment.--The table of subchapters for 
        chapter 42 of such Code is amended by adding at the end the 
        following new item:

         ``subchapter i. scholarship granting organizations''.

    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after December 31, 2025.

SEC. 3. VOLUME CAP.

    (a) In General.--For purposes of sections 25F(b)(2) and 45BB(e) of 
the Internal Revenue Code of 1986 (as added by this Act), the volume 
cap applicable under this section shall be $10,000,000,000 for calendar 
year 2026 and each subsequent year thereafter. Such amount shall be 
a