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S. 4284, School Choice Now Act

Summary

S. 4284, the School Choice Now Act, was introduced in the Senate on July 22, 2020, by Scott of South Carolina with Alexander and Cruz and referred to the Committee on Finance. It provides for emergency education freedom grants and amends the Internal Revenue Code of 1986 to establish tax credits encouraging individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations. Title I covers emergency education freedom grants. A provision bars a participating State or entity acting on behalf of a State from excluding or discriminating against an education provider.

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Document type
Bills Bills 116S4284Is Bills 116S4284Is
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Bills Bills 116S4284Is Bills 116S4284Is

Cite this document

“S. 4284, School Choice Now Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4284is-bills-116s4284is/, SHA-256 83fbc1bb711623d0406ed79e0171ab850bc74a6a95efa24a31192a58494d3fc2.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4284
                                                                       To provide for emergency education freedom grants, to amend the Internal
                                                                           Revenue Code of 1986 to establish tax credits to encourage individual
                                                                           and corporate taxpayers to contribute to scholarships for students
                                                                           through eligible scholarship-granting organizations, and for other pur-
                                                                           poses.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                     JULY 22, 2020
                                                                       Mr. SCOTT of South Carolina (for himself, Mr. ALEXANDER, and Mr. CRUZ)
                                                                           introduced the following bill; which was read twice and referred to the
                                                                           Committee on Finance




                                                                                                                 A BILL
                                                                       To provide for emergency education freedom grants, to
                                                                          amend the Internal Revenue Code of 1986 to establish
                                                                          tax credits to encourage individual and corporate tax-
                                                                          payers to contribute to scholarships for students through
                                                                          eligible scholarship-granting organizations, and for other
                                                                          purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.




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                                                                         4              This Act may be cited as the ‘‘School Choice Now
                                                                         5 Act’’.



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                                                                         1            TITLE I—EMERGENCY
                                                                         2         EDUCATION FREEDOM GRANTS
                                                                         3     SEC. 101. EMERGENCY EDUCATION FREEDOM GRANTS.

                                                                         4              (a) DEFINITIONS.—In this title:
                                                                         5                       (1) DEFINITIONS FROM THE INTERNAL REV-
                                                                         6              ENUE CODE OF 1986.—The                                   definitions in section
                                                                         7              25E(c) of the Internal Revenue Code of 1986, as
                                                                         8              added by section 201, shall apply to this section, ex-
                                                                         9              cept as otherwise provided.
                                                                       10                        (2) EMERGENCY EDUCATION FREEDOM GRANT
                                                                       11               FUNDS.—The                 term ‘‘emergency education freedom
                                                                       12               grant funds’’ means the amount of funds available
                                                                       13               under subsection (b)(1) for this section that are not
                                                                       14               reserved under subsection (c)(1).
                                                                       15                        (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       16               the Secretary of Education.
                                                                       17                        (4) STATE.—The term ‘‘State’’ means each of
                                                                       18               the 50 States, the District of Columbia, and the
                                                                       19               Commonwealth of Puerto Rico.
                                                                       20               (b) GRANTS.—
                                                                       21                        (1)         PROGRAM                  AUTHORIZED.—From                    any
                                                                       22               amounts appropriated for section 18003 of division
                                                                       23               B of the CARES Act on or after the date of enact-




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                                                                       24               ment of this Act, the Secretary shall, notwith-
                                                                       25               standing any other provision of title XVIII of divi-


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                                                                         1              sion B of the CARES Act (Public Law 116–136),
                                                                         2              use 10 percent of such amounts to carry out sub-
                                                                         3              section (c) and award emergency education freedom
                                                                         4              grants to States with approved applications, in order
                                                                         5              to enable the States to award subgrants to eligible
                                                                         6              scholarship-granting organizations under subsection
                                                                         7              (d).
                                                                         8                       (2) TIMING.—The Secretary shall make the al-
                                                                         9              lotments required under this subsection by not later
                                                                       10               than 30 days after the date of enactment of this
                                                                       11               Act.
                                                                       12               (c) RESERVATION AND ALLOTMENTS.—
                                                                       13                        (1) IN GENERAL.—From the amounts made
                                                                       14               available under subsection (b)(1), the Secretary
                                                                       15               shall—
                                                                       16                                  (A) reserve—
                                                                       17                                         (i) one-half of 1 percent for allotments
                                                                       18                                  for the United States Virgin Islands,
                                                                       19                                  Guam, American Samoa, and the Com-
                                                                       20                                  monwealth of the Northern Mariana Is-
                                                                       21                                  lands, to be distributed among those out-
                                                                       22                                  lying areas on the basis of their relative
                                                                       23                                  need, as determined by the Secretary, in
                                                                       24                                  accordance with the purpose of this title;



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                                                                       25                                  and


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                                                                         1                                        (ii) one-half of 1 percent of such
                                                                         2                                 amounts for the Secretary of the Interior,
                                                                         3                                 acting through the Bureau of Indian Edu-
                                                                         4                                 cation, to be used to provide subgrants de-
                                                                         5                                 scribed in subsection (d) to eligible scholar-
                                                                         6                                 ship-granting organizations that serve stu-
                                                                         7                                 dents attending elementary schools or sec-
                                                                         8                                 ondary schools operated or funded by the
                                                                         9                                 Bureau of Indian Education; and
                                                                       10                                  (B) subject to paragraph (2), allot each
                                                                       11                        State that submits an approved application
                                                                       12                        under this section the sum of—
                                                                       13                                         (i) the amount that bears the same
                                                                       14                                  relation to 20 percent of the emergency
                                                                       15                                  education freedom grant funds as the num-
                                                                       16                                  ber of individuals aged 5 through 17 in the
                                                                       17                                  State, as determined by the Secretary on
                                                                       18                                  the basis of the most recent satisfactory
                                                                       19                                  data, bears to the number of those individ-
                                                                       20                                  uals, as so determined, in all such States
                                                                       21                                  that submitted approved applications; and
                                                                       22                                         (ii) an amount that bears the same re-
                                                                       23                                  lationship to 80 percent of the emergency
                                                                       24                                  education freedom grant funds as the num-



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                                                                       25                                  ber of individuals aged 5 through 17 from


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                                                                         1                                 families with incomes below the poverty
                                                                         2                                 line in the State, as determined by the Sec-
                                                                         3                                 retary on the basis of the most recent sat-
                                                                         4                                 isfactory data, bears to the number of
                                                                         5                                 those individuals, as so determined, in all
                                                                         6                                 such States that submitted approved appli-
                                                                         7                                 cations.
                                                                         8                       (2) MINIMUM ALLOTMENT.—No State shall re-
                                                                         9              ceive an allotment under this subsection for a fiscal
                                                                       10               year that is less than 1⁄2 of 1 percent of the amount
                                                                       11               of emergency education freedom grant funds avail-
                                                                       12               able for such fiscal year.
                                                                       13               (d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP-GRANT-
                                                                       14      ING ORGANIZATIONS.—

                                                                       15                        (1) IN GENERAL.—A State that receives an al-
                                                                       16               lotment under this section shall use the allotment to
                                                                       17               award subgrants, on a basis determined appropriate
                                                                       18               by the State, to eligible scholarship-granting organi-
                                                                       19               zations in the State.
                                                                       20                        (2) INITIAL TIMING.—
                                                                       21                                  (A) STATES WITH EXISTING TAX CREDIT
                                                                       22                        SCHOLARSHIP PROGRAM.—By not later than 30

                                                                       23                        days after receiving an allotment under sub-
                                                                       24                        section (c)(1)(B), a State with an existing, as



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                                                                       25                        of the date of application for an allotment


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                                                                         1                       under this section, tax credit scholarship pro-
                                                                         2                       gram shall use not less than 50 percent of the
                                                                         3                       allotment to award subgrants to eligible schol-
                                                                         4                       arship-granting organizations in the State.
                                                                         5                                 (B) STATES WITHOUT TAX CREDIT SCHOL-
                                                                         6                       ARSHIP PROGRAMS.—By not later than 60 days

                                                                         7                       after receiving an allotment under subsection
                                                                         8                       (c)(1)(B), a State without a tax credit scholar-
                                                                         9                       ship program shall use not less than 50 percent
                                                                       10                        of the allotment to award subgrants to eligible
                                                                       11                        scholarship-granting organizations in the State.
                                                                       12                        (3) USES OF FUNDS.—An eligible scholarship-
                                                                       13               granting organization that receives a subgrant under
                                                                       14               this subsection—
                                                                       15                                  (A) may reserve not more than 5 percent
                                                                       16                        of the subgrant funds for public outreach, stu-
                                                                       17                        dent and family support activities, and adminis-
                                                                       18                        trative expenses related to the subgrant; and
                                                                       19                                  (B) shall use not less than 95 percent of
                                                                       20                        the subgrant funds to provide qualifying schol-
                                                                       21                        arships for qualified expenses only to individual
                                                                       22                        elementary school and secondary school stu-
                                                                       23                        dents who reside in the State in which the eligi-
                                                                       24                        ble scholarship-granting organization is recog-



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                                                                       25                        nized.


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                                                                         1              (e) REALLOCATION.—A State shall return to the Sec-
                                                                         2 retary any amounts of the allotment received under this
                                                                         3 section that the State does not award as subgrants under
                                                                         4 subsection (d) by March 30, 2021, and the Secretary shall
                                                                         5 reallocate such funds to the remaining eligible States in
                                                                         6 accordance with subsection (c)(1)(B).
                                                                         7              (f) RULES OF CONSTRUCTION.—The rules of con-
                                                                         8 struction under section 25E(d) of the Internal Revenue
                                                                         9 Code of 1986, as added by section 201, shall apply to this
                                                                       10 section in the same manner as such rules apply to section
                                                                       11 25E of such Code, as so added.
                                                                       12 TITLE II—TAX CREDITS FOR
                                                                       13    CONTRIBUTIONS TO ELIGI-
                                                                       14    BLE   SCHOLARSHIP-GRANT-
                                                                       15    ING ORGANIZATIONS
                                                                       16      SEC. 201. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE

                                                                       17                              SCHOLARSHIP-GRANTING ORGANIZATIONS.

                                                                       18               (a) CREDIT FOR INDIVIDUALS.—Subpart A of part
                                                                       19 IV of subchapter A of chapter 1 of the Internal Revenue
                                                                       20 Code of 1986 is amended by adding after section 25D the
                                                                       21 following new section:
                                                                       22      ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-

                                                                       23                              GRANTING ORGANIZATIONS.

                                                                       24               ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section



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                                                                       25 202(c) of the School Choice Now Act, in the case of an


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                                                                         1 individual, there shall be allowed as a credit against the
                                                                         2 tax imposed by this chapter for the taxable year an
                                                                         3 amount equal to the sum of any qualified contributions
                                                                         4 made by the taxpayer during the taxable year.
                                                                         5              ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under
                                                                         6 subsection (a) for any taxable year shall not exceed 10
                                                                         7 percent of the taxpayer’s adjusted gross income for the
                                                                         8 taxable year.
                                                                         9              ‘‘(c) DEFINITIONS.—For purposes of this section—
                                                                       10                        ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA-
                                                                       11               NIZATION.—The                    term ‘eligible scholarship-granting
                                                                       12               organization’ means—
                                                                       13                                  ‘‘(A) an organization that—
                                                                       14                                         ‘‘(i) is described in section 501(c)(3)
                                                                       15                                  and exempt from taxation under section
                                                                       16                                  501(a),
                                                                       17                                         ‘‘(ii) provides qualifying scholarships
                                                                       18                                  to individual elementary and secondary
                                                                       19                                  students who—
                                                                       20                                                  ‘‘(I) reside in the State in which
                                                                       21                                         the eligible scholarship-granting orga-
                                                                       22                                         nization is recognized, or
                                                                       23                                                  ‘‘(II) in the case of the Bureau of
                                                                       24                                         Indian Education, are members of a



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                                                                       25                                         federally recognized tribe,


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                                                                         1                                        ‘‘(iii) a State identifies to the Sec-
                                                                         2                                 retary as an eligible scholarship-granting
                                                                         3                                 organization under section 202(c)(5)(B) of
                                                                         4                                 the School Choice Now Act,
                                                                         5                                        ‘‘(iv) allocates at least 90 percent of
                                                                         6                                 qualified contributions to qualifying schol-
                                                                         7                                 arships on an annual basis, and
                                                                         8                                        ‘‘(v) provides qualifying scholarships
                                                                         9                                 to—
                                                                       10                                                  ‘‘(I) more than 1 eligible student,
                                                                       11                                                  ‘‘(II) more than 1 eligible family,
                                                                       12                                         and
                                                                       13                                                  ‘‘(III) different eligible students
                                                                       14                                         attending more than 1 education pro-
                                                                       15                                         vider, or
                                                                       16                                  ‘‘(B) an organization that—
                                                                       17                                         ‘‘(i) is described in section 501(c)(3)
                                                                       18                                  and exempt from taxation under section
                                                                       19                                  501(a), and
                                                                       20                                         ‘‘(ii) pursuant to State law, was able,
                                                                       21                                  as of January 1, 2021, to receive contribu-
                                                                       22                                  tions that are eligible for a State tax credit
                                                                       23                                  if such contributions are used by the orga-
                                                                       24                                  nization to provide scholarships to indi-



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                                                                       25                                  vidual elementary and secondary students,


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                                                                         1                                 including scholarships for attending private
                                                                         2                                 schools.
                                                                         3                       ‘‘(2) QUALIFIED                     CONTRIBUTION.—The                    term
                                                                         4              ‘qualified contribution’ means a contribution of cash
                                                                         5              to any eligible scholarship-granting organization.
                                                                         6                       ‘‘(3) QUALIFIED EXPENSE.—The term ‘quali-
                                                                         7              fied expense’ means any educational expense that
                                                                         8              is—
                                                                         9                                 ‘‘(A) for an individual student’s elementary
                                                                       10                        or secondary education, as recognized by the
                                                                       11                        State, or
                                                                       12                                  ‘‘(B) for the secondary education compo-
                                                                       13                        nent of an individual elementary or secondary
                                                                       14                        student’s career and technical education, as de-
                                                                       15                        fined by section 3(5) of the Carl D. Perkins Ca-
                                                                       16                        reer and Technical Education Act of 2006 (20
                                                                       17                        U.S.C. 2302(5)).
                                                                       18                        ‘‘(4) QUALIFYING                      SCHOLARSHIP.—The                   term
                                                                       19               ‘qualifying scholarship’ means a scholarship granted
                                                                       20               by an eligible scholarship-granting organization to
                                                                       21               an individual elementary or secondary student for a
                                                                       22               qualified expense.
                                                                       23                        ‘‘(5) STATE.—The term ‘State’ means each of
                                                                       24               the 50 States, the District of Columbia, the Com-



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                                                                       25               monwealth of Puerto Rico, the outlying areas (as de-


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                                                                         1              fined in section 1121(c) of the Elementary and Sec-
                                                                         2              ondary Education Act of 1965 (20 U.S.C. 6331(c)),
                                                                         3              and the Department of the Interior (acting through
                                                                         4              the Bureau of Indian Education).
                                                                         5              ‘‘(d) RULES OF CONSTRUCTION.—
                                                                         6                       ‘‘(1) IN          GENERAL.—A                    qualifying scholarship
                                                                         7              awarded to a student from the proceeds of a quali-
                                                                         8              fied contribution under this section shall not be con-
                                                                         9              sidered assistance to the school or other educational
                                                                       10               provider that enrolls, or provides educational services
                                                                       11               to, the student or the student’s parents.
                                                                       12                        ‘‘(2) EXCLUSION FROM INCOME.—Gross income
                                                                       13               shall not include any amount received by an indi-
                                                                       14               vidual as a qualifying scholarship and such amount
                                                                       15               shall not be taken into account as income or re-
                                                                       16               sources for purposes of determining the eligibility of
                                                                       17               such individual or any other individual for benefits
                                                                       18               or assistance, or the amount or extent of such bene-
                                                                       19               fits or assistance, under any Federal program or
                                                                       20               under any State or local program financed in whole
                                                                       21               or in part with Federal funds.
                                                                       22                        ‘‘(3) PROHIBITION                      OF CONTROL OVER NON-

                                                                       23               PUBLIC EDUCATION PROVIDERS.—

                                                                       24                                  ‘‘(A)(i) Nothing in this section shall be



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                                                                       25                        construed to permit, allow, encourage, or au-


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                                                                         1                       thorize any Federal control over any aspect of
                                                                         2                       any private, religious, or home education pro-
                                                                         3                       vider, whether or not a home education provider
                                                                         4                       is treated as a private school or home school
                                                                         5                       under State law.
                                                                         6                                 ‘‘(ii) This section shall not be construed to
                                                                         7                       exclude private, religious, or home education
                                                                         8                       providers from participation in programs or
                                                                         9                       services under this section.
                                                                       10                                  ‘‘(B) Nothing in this section shall be con-
                                                                       11                        strued to permit, allow, encourage, or authorize
                                                                       12                        an entity submitting a list of eligible scholar-
                                                                       13                        ship-granting organizations on behalf of a State
                                                                       14                        pursuant to section 202(c)(5) of the School
                                                                       15                        Choice Now Act to mandate, direct, or control
                                                                       16                        any aspect of a private or home education pro-
                                                                       17                        vider, regardless of whether or not a home edu-
                                                                       18                        cation provider is treated as a private school
                                                                       19                        under State law.
                                                                       20                                  ‘‘(C) No participating State or entity act-
                                                                       21                        ing on behalf of a State pursuant to section
                                                                       22                        202(c)(5) of the School Choice Now Act shall
                                                                       23                        exclude, discriminate against, or otherwise dis-
                                                                       24                        advantage any education provider with respect



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                                                                       25                        to programs or services under this section based


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                                                                         1                       in whole or in part on the provider’s religious
                                                                         2                       character or affiliation, including religiously-
                                                                         3                       based or mission-based policies or practices.
                                                                         4                       ‘‘(4) PARENTAL                     RIGHTS           TO      USE          SCHOLAR-

                                                                         5              SHIPS.—No participating State or entity acting on

                                                                         6              behalf of a State pursuant to section 202(c)(5) of
                                                                         7              the School Choice Now Act shall disfavor or discour-
                                                                         8              age the use of qualifying scholarships for the pur-
                                                                         9              chase of elementary and secondary education serv-
                                                                       10               ices, including those services provided by private or
                                                                       11               nonprofit entities, such as faith-based providers.
                                                                       12                        ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing
                                                                       13               in this section shall be construed to modify a State
                                                                       14               or local government’s authority and responsibility to
                                                                       15               fund education.
                                                                       16               ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Secretary
                                                                       17 shall prescribe such regulations or other guidance to en-
                                                                       18 sure that the sum of the tax benefits provided by Federal,
                                                                       19 State, or local law for a qualified contribution receiving
                                                                       20 a Federal tax credit in any taxable year does not exceed
                                                                       21 the sum of the qualified contributions made by the tax-
                                                                       22 payer for the taxable year.
                                                                       23               ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax credit al-
                                                                       24 lowed under this section is not fully used within the appli-



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                                                                       25 cable taxable year because of insufficient tax liability on


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                                                                         1 the part of the taxpayer, the unused amount may be car-
                                                                         2 ried forward for a period not to exceed 5 years.
                                                                         3              ‘‘(g) ELECTION.—This section shall apply to a tax-
                                                                         4 payer for a taxable year only if the taxpayer elects to have
                                                                         5 this section apply for such taxable year.
                                                                         6              ‘‘(h) ALTERNATIVE MINIMUM TAX.—For purposes of
                                                                         7 calculating the alternative minimum tax under section 55,
                                                                         8 a taxpayer may use any credit received for a qualified con-
                                                                         9 tribution under this section.’’.
                                                                       10               (b) CLERICAL AMENDMENT.—The table of sections
                                                                       11 for subpart A of part IV of subchapter A of chapter 1
                                                                       12 of the Internal Revenue Code of 1986 is amended by in-
                                                                       13 serting after the item relating to section 25D the following
                                                                       14 new item:
                                                                               ‘‘Sec. 25E. Contributions to eligible scholarship-granting organizations.’’.

                                                                       15               (c) CREDIT FOR CORPORATIONS.—Subpart D of part
                                                                       16 IV of subchapter A of chapter 1 of the Internal Revenue
                                                                       17 Code of 1986 is amended by adding at the end the fol-
                                                                       18 lowing new section:
                                                                       19      ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-

                                                                       20                              GRANTING ORGANIZATIONS.

                                                                       21               ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section
                                                                       22 202(c) of the School Choice Now Act, for purposes of sec-
                                                                       23 tion 38, in the case of a domestic corporation, there shall




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                                                                       24 be allowed as a credit against the tax imposed by this
                                                                       25 chapter for the taxable year an amount equal to the sum
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                                                                         1 of any qualified contributions (as defined in section
                                                                         2 25E(c)(2)) made by such corporation taxpayer during the
                                                                         3 taxable year.
                                                                         4              ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under
                                                                         5 subsection (a) for any taxable year shall not exceed 5 per-
                                                                         6 cent of the taxable income (as defined in section
                                                                         7 170(b)(2)(D)) of the domestic corporation for such taxable
                                                                         8 year.
                                                                         9              ‘‘(c) ADDITIONAL PROVISIONS.—For purposes of this
                                                                       10 section, any qualified contributions made by a domestic
                                                                       11 corporation shall be subject to the provisions of section
                                                                       12 25E (including subsection (d) of such section), to the ex-
                                                                       13 tent applicable.
                                                                       14               ‘‘(d) ELECTION.—This section shall apply to a tax-
                                                                       15 payer for a taxable year only if the taxpayer elects to have
                                                                       16 this section apply for such taxable year.’’.
                                                                       17               (d) CREDIT PART OF GENERAL BUSINESS CRED-
                                                                       18      IT.—Section 38(b) is amended—

                                                                       19                        (1) by striking ‘‘plus’’ at the end of paragraph
                                                                       20               (32);
                                                                       21                        (2) by striking the period at the end of para-
                                                                       22               graph (33) and inserting ‘‘, plus’’; and
                                                                       23                        (3) by adding at the end the following new
                                                                       24               paragraph:



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                                                                         1                       ‘‘(34) the credit for qualified contributions de-
                                                                         2              termined under section 45U(a).’’.
                                                                         3              (e) CLERICAL AMENDMENT.—The table of sections
                                                                         4 for subpart D of part IV of subchapter A of chapter 1
                                                                         5 is amended by adding at the end the following new item:
                                                                               ‘‘Sec. 45U. Contributions to eligible scholarship-granting organizations.’’.

                                                                         6              (f) EFFECTIVE DATE.—The amendments made by
                                                                         7 this section shall apply to taxable years beginning after
                                                                         8 December 31, 2020.
                                                                         9     SEC. 202. EDUCATION FREEDOM SCHOLARSHIPS WEB POR-

                                                                       10                              TAL AND ADMINISTRATION.

                                                                       11               (a) IN GENERAL.—The Secretary of the Treasury
                                                                       12 shall, in coordination with the Secretary of Education, es-
                                                                       13 tablish, host, and maintain a web portal that—
                                                                       14                        (1) lists all eligible scholarship-granting organi-
                                                                       15               zations;
                                                                       16                        (2) enables a taxpayer to make a qualifying
                                                                       17               contribution to one or more eligible scholarship-
                                                                       18               granting organizations and to immediately obtain
                                                                       19               both a pre-approval of a tax credit for that contribu-
                                                                       20               tion and a receipt for tax filings;
                                                                       21                        (3) provides information about the tax benefits
                                                                       22               under sections 25E and 45U of the Internal Rev-
                                                                       23               enue Code of 1986; and




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                                                                       24                        (4) enables a State to submit and update infor-
                                                                       25               mation about its programs and its eligible scholar-
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                                                                         1              ship-granting organizations for informational pur-
                                                                         2              poses only, including information on—
                                                                         3                                 (A) student eligibility;
                                                                         4                                 (B) allowable educational expenses;
                                                                         5                                 (C) the types of allowable education pro-
                                                                         6                       viders;
                                                                         7                                 (D) the percentage of funds an organiza-
                                                                         8                       tion may use for program administration; and
                                                                         9                                 (E) the percentage of total contributions
                                                                       10                        the organization awards in a calendar year.
                                                                       11               (b) NONPORTAL CONTRIBUTIONS.—A taxpayer may
                                                                       12 opt to make a contribution directly to an eligible scholar-
                                                                       13 ship-granting organization, instead of through the web
                                                                       14 portal described in subsection (a), provided that the tax-
                                                                       15 payer, or the eligible scholarship-granting organization on
                                                                       16 behalf of the taxpayer, applies for, and receives pre-ap-
                                                                       17 proval for a tax credit from the Secretary of the Treasury
                                                                       18 in coordination with the Secretary of Education.
                                                                       19               (c) NATIONAL AND STATE LIMITATIONS ON CRED-
                                                                       20      ITS.—

                                                                       21                        (1) NATIONAL                     LIMITATION.—For                    each fiscal
                                                                       22               year, the total amount of qualifying contributions for
                                                                       23               which a credit is allowed under sections 25E and
                                                                       24               45U of the Internal Revenue Code of 1986 shall not



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                                                                       25               exceed $5,000,000,000.


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                                                                         1                       (2) ALLOCATION OF LIMITATION.—
                                                                         2                                 (A) INITIAL ALLOCATIONS.—For each cal-
                                                                         3                       endar year, with respect to the limitation under
                                                                         4                       paragraph (1), the Secretary of the Treasury,
                                                                         5                       in consultation with the Secretary of Education,
                                                                         6                       shall—
                                                                         7                                        (i) allocate to each State an amount
                                                                         8                                 equal to the sum of the qualifying con-
                                                                         9                                 tributions made in the State in the pre-
                                                                       10                                  vious year; and
                                                                       11                                         (ii) from any amounts remaining fol-
                                                                       12                                  lowing allocations made under clause (i),
                                                                       13                                  allocate to each participating State an
                                                                       14                                  amount equal to the sum of—
                                                                       15                                                  (I) an amount that bears the
                                                                       16                                         same relationship to 20 percent of
                                                                       17                                         such remaining amount as the num-
                                                                       18                                         ber of individuals aged 5 through 17
                                                                       19                                         in the State, as determined by the
                                                                       20                                         Secretary of Education on the basis of
                                                                       21                                         the most recent satisfactory data,
                                                                       22                                         bears to the number of those individ-
                                                                       23                                         uals in all such States, as so deter-
                                                                       24                                         mined; and



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                                                                         1                                                 (II) an amount that bears the
                                                                         2                                        same relationship to 80 percent of
                                                                         3                                        such remaining amount as the num-
                                                                         4                                        ber of individuals aged 5 through 17
                                                                         5                                        from families with incomes below the
                                                                         6                                        poverty line in the State, as deter-
                                                                         7                                        mined by the Secretary of Education,
                                                                         8                                        on the basis of the most recent satis-
                                                                         9                                        factory data, bears to the number of
                                                                       10                                         those individuals in all such States, as
                                                                       11                                         so determined.
                                                                       12                                  (B)         MINIMUM                ALLOCATION.—Notwith-

                                                                       13                        standing subparagraph (A), no State receiving
                                                                       14                        an allocation under this section may receive less
                                                                       15                        than 1⁄2 of 1 percent of the amount allocated
                                                                       16                        for a fiscal year.
                                                                       17                                  (C) ALTERNATIVE ALLOCATION.—
                                                                       18                                         (i) IN GENERAL.—Not later than the
                                                                       19                                  end of the fifth year of the program or 1
                                                                       20                                  year after the end of the first fiscal year
                                                                       21                                  for which the total amount of credits
                                                                       22                                  claimed under section 25E and section
                                                                       23                                  45U of the Internal Revenue Code of 1986
                                                                       24                                  is $2,500,000,000 or more, whichever



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                                                                       25                                  comes first, the Secretary of the Treasury,


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                                                                         1                                 in consultation with the Secretary of Edu-
                                                                         2                                 cation, shall, by regulation, provide for an
                                                                         3                                 alternative allocation method that shall
                                                                         4                                 take effect beginning with the first fiscal
                                                                         5                                 year after such regulation takes effect.
                                                                         6                                        (ii) ALTERNATIVE ALLOCATION METH-
                                                                         7                                 OD.—The                alternative allocation method
                                                                         8                                 shall be expressed as a formula based on
                                                                         9                                 a combination of the following data for
                                                                       10                                  each State, as reported by the State to the
                                                                       11                                  Secretary of the Treasury:
                                                                       12                                                  (I) The relative percentage of
                                                                       13                                         students in the State who receive an
                                                                       14                                         elementary or secondary scholarship
                                                                       15                                         through a State program that is fi-
                                                                       16                                         nanced through State tax-credited do-
                                                                       17                                         nations or appropriations and that
                                                                       18                                         permits the elementary or secondary
                                                                       19                                         scholarship to be used to attend a pri-
                                                                       20                                         vate school.
                                                                       21                                                  (II) The total amount of all ele-
                                                                       22                                         mentary and secondary scholarships
                                                                       23                                         awarded through a State program
                                                                       24                                         that is financed through State tax-



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                                                                       25                                         credited donations or appropriations


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                                                                         1                                        compared to the total amount of cur-
                                                                         2                                        rent State and local expenditures for
                                                                         3                                        free public education in the State.
                                                                         4                                        (iii) ALLOCATION FORMULA.—For any
                                                                         5                                 fiscal year to which clause (i) applies, the
                                                                         6                                 Secretary of Treasury, in consultation with
                                                                         7                                 the Secretary of Education, shall—
                                                                         8                                                 (I) for each State, allocate an
                                                                         9                                        amount equal to the sum of the quali-
                                                                       10                                         fying contributions made in the State
                                                                       11                                         in the previous year;
                                                                       12                                                  (II) allocate 2⁄3 of the remaining
                                                                       13                                         amount (after application of subclause
                                                                       14                                         (I)) of the national limitation for that
                                                                       15                                         year using the alternative allocation
                                                                       16                                         method under clause (ii); and
                                                                       17                                                  (III) allocate 1⁄3 of the remaining
                                                                       18                                         amount (after application of subclause
                                                                       19                                         (I) and (II)) in accordance with sub-
                                                                       20                                         paragraph (A)(ii).
                                                                       21                                         (iv) INELIGIBILITY.—For any fiscal
                                                                       22                                  year to which clause (i) applies, a State
                                                                       23                                  that does not provide the Secretary of the
                                                                       24                                  Treasury with information described in



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                                                                       25                                  clause (ii) is not eligible to receive an allo-


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                                                                         1                                 cation through the alternative allocation
                                                                         2                                 method under such clause.
                                                                         3                       (3) ALLOWABLE PARTNERSHIPS.—A State may
                                                                         4              choose to administer the allocation it receives under
                                                                         5              paragraph (2) in partnership with one or more
                                                                         6              States, provided that the eligible scholarship-grant-
                                                                         7              ing organizations in each partner State serve stu-
                                                                         8              dents who reside in all States in the partnership.
                                                                         9                       (4) TOTAL ALLOCATION.—A State’s allocation,
                                                                       10               for any fiscal year, is the sum of the amount deter-
                                                                       11               mined for such State under subparagraphs (A) and
                                                                       12               (B) of paragraph (2), except as provided in para-
                                                                       13               graph (2)(C).
                                                                       14                        (5) ALLOCATION AND ADJUSTMENTS.—
                                                                       15                                  (A) INITIAL ALLOCATION TO STATES.—Not
                                                                       16                        later than November 1 of the year preceding a
                                                                       17                        year for which there is a national limitation on
                                                                       18                        credits under paragraph (1) (referred to in this
                                                                       19                        section as the ‘‘applicable year’’), or as early as
                                                                       20                        practicable with respect to the first year, the
                                                                       21                        Secretary of the Treasury shall announce the
                                                                       22                        State allocations under paragraph (2) for the
                                                                       23                        applicable year.
                                                                       24                                  (B) LIST                                               SCHOLARSHIP-




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                                                                                                                                  OF      ELIGIBLE

                                                                       25                        GRANTING ORGANIZATIONS.—



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                                                                         1                                        (i) IN GENERAL.—Not later than Jan-
                                                                         2                                 uary 1 of each applicable year, or as early
                                                                         3                                 as practicable with respect to the first
                                                                         4                                 year, each State shall provide the Sec-
                                                                         5                                 retary of the Treasury a list of eligible
                                                                         6                                 scholarship-granting organizations, includ-
                                                                         7                                 ing a certification that the entity submit-
                                                                         8                                 ting the list on behalf of the State has the
                                                                         9                                 authority to perform this function.
                                                                       10                                         (ii) RULE OF CONSTRUCTION.—Nei-
                                                                       11                                  ther this section nor any other Federal law
                                                                       12                                  shall be construed as limiting the entities
                                                                       13                                  that may submit the list on behalf of a
                                                                       14                                  State.
                                                                       15                                  (C) REALLOCATION OF UNCLAIMED CRED-
                                                                       16                        ITS.—The Secretary of the Treasury shall re-

                                                                       17                        allocate a State’s allocation to other States, in
                                                                       18                        accordance with paragraph (2), if the State—
                                                                       19                                         (i) chooses not to identify scholarship-
                                                                       20                                  granting organizations under subparagraph
                                                                       21                                  (B) in any applicable year; or
                                                                       22                                         (ii) does not have an existing eligible
                                                                       23                                  scholarship-granting organization.
                                                                       24                                  (D) REALLOCATION.—On or after April 1



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                                                                       25                        of any applicable year, the Secretary of the


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                                                                         1                       Treasury may reallocate, to one or more other
                                                                         2                       States that have eligible scholarship-granting
                                                                         3                       organizations in the States, without regard to
                                                                         4                       paragraph (2), the allocation of a State for
                                                                         5                       which the State’s allocation has not been
                                                                         6                       claimed.
                                                                         7              (d) DEFINITIONS.—Any term used in this section
                                                                         8 which is also used in section 25E of the Internal Revenue
                                                                         9 Code of 1986 shall have the same meaning as when used
                                                                       10 in such section.
                                                                                                                                  Æ




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