Text: H.R.1738 — 113th Congress (2013-2014)

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Introduced in House (04/25/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 1738 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1738

  To amend the Internal Revenue Code of 1986 to extend and modify the 
        American Opportunity Tax Credit, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2013

Mr. Doggett (for himself, Mr. Danny K. Davis of Illinois, Mr. Becerra, 
 Mr. Blumenauer, Mr. Crowley, Mr. Kind, Mr. Larson of Connecticut, Mr. 
Carson of Indiana, Mr. Lewis, Mr. McDermott, Mr. Pascrell, Mr. Rangel, 
 Ms. Linda T. Sanchez of California, Ms. Schwartz, Mr. Levin, Mr. Van 
Hollen, Mr. Hinojosa, Mr. Andrews, Mrs. Capps, Mr. Cardenas, Ms. Castor 
 of Florida, Mrs. Christensen, Mr. Cicilline, Mr. Cohen, Mr. Cuellar, 
 Mr. Cummings, Ms. Fudge, Mr. Gallego, Mr. Garamendi, Mr. Al Green of 
Texas, Mr. Gene Green of Texas, Mr. Hastings of Florida, Mr. Holt, Mr. 
 Honda, Ms. Eddie Bernice Johnson of Texas, Ms. Lee of California, Mr. 
 Loebsack, Ms. Matsui, Ms. McCollum, Ms. Moore, Mr. Pastor of Arizona, 
  Mr. Ryan of Ohio, Ms. Schakowsky, Ms. Shea-Porter, Mr. Sherman, Mr. 
 Sires, Ms. Speier, Mr. Thompson of Mississippi, Mr. Vela, Mr. Welch, 
   Mr. Yarmuth, Mr. Pocan, Ms. Jackson Lee, Mrs. Negrete McLeod, Mr. 
 Vargas, Mr. Tonko, Mr. DeFazio, Mr. Grijalva, Ms. Edwards, Ms. Wilson 
of Florida, Ms. Titus, Mrs. Davis of California, Mr. Nadler, Mr. Rush, 
  Ms. Bass, Mr. Butterfield, Mr. Capuano, Mr. Cleaver, Mr. Doyle, Mr. 
   Fattah, Mr. Deutch, Mr. Kildee, and Mr. Price of North Carolina) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to extend and modify the 
        American Opportunity Tax Credit, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Opportunity Tax Credit Act 
of 2013''.

SEC. 2. EXTENSION AND MODIFICATION OF AMERICAN OPPORTUNITY TAX CREDIT.

    (a) In General.--Section 25A of the Internal Revenue Code of 1986 
is amended to read as follows:

``SEC. 25A. AMERICAN OPPORTUNITY TAX CREDIT.

    ``(a) Allowance of Credit.--In the case of an individual who is an 
eligible student for any taxable year, there shall be allowed as a 
credit against the tax imposed by this chapter for such taxable year 
the amount determined under subsection (b) with respect to such 
individual.
    ``(b) Amount of Credit.--
            ``(1) Student enrolled at least \1/2\ time.--In the case of 
        an eligible student who is carrying at least \1/2\ the normal 
        full-time workload for the course of study the student is 
        pursuing, the amount determined under this subsection with 
        respect to such individual is the sum of--
                    ``(A) 100 percent of so much of the qualified 
                tuition and related expenses paid by the taxpayer 
                during the taxable year (for education furnished to the 
                eligible student during any academic period beginning 
                in such taxable year) as does not exceed $2,000, plus
                    ``(B) 25 percent of such expenses so paid as 
                exceeds $2,000 but does not exceed $4,000.
            ``(2) Other students.--In the case of an eligible student 
        not described in paragraph (1), the amount determined under 
        this subsection with respect to such individual is 25 percent 
        of so much of the qualified tuition and related expenses paid 
        by the taxpayer during the taxable year (for education 
        furnished to the eligible student during any academic period 
        beginning in such taxable year) as does not exceed $10,000.
    ``(c) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount which would (but for this 
        paragraph) be taken into account under this section for the 
        taxable year shall be reduced (but not below zero) by the 
        amount determined under paragraph (2).
            ``(2) Amount of reduction.--The amount determined under 
        this paragraph is the amount which bears the same ratio to the 
        amount which would be so taken into account as--
                    ``(A) the excess of--
                            ``(i) the taxpayer's modified adjusted 
                        gross income for such taxable year, over
                            ``(ii) $80,000 ($160,000 in the case of a 
                        joint return), bears to
                    ``(B) $10,000 ($20,000 in the case of a joint 
                return).
            ``(3) Modified adjusted gross income.--For purposes of this 
        paragraph, the term `modified adjusted gross income' means the 
        adjusted gross income of the taxpayer for the taxable year 
        increased by any amount excluded from gross income under 
        section 911, 931, or 933.
    ``(d) Other Limitations and Special Rules.--For purposes of this 
section:
            ``(1) Lifetime dollar limitation.--In the case of qualified 
        tuition and related expenses with respect to any eligible 
        student, the aggregate amount of the credits allowed in the 
        taxable year and any prior taxable year for such eligible 
        student (whether beginning before or after American Opportunity 
        Tax Credit Act of 2013) shall not exceed $15,000, determined 
        without regard to whether--
                    ``(A) such credits are claimed on the return of tax 
                filed by the eligible student or by another taxpayer, 
                or
                    ``(B) such expenses are treated as paid by the 
                eligible student or by another taxpayer.
        If, in any taxable year, the aggregate amount of such credits 
        equals or exceeds $15,000, the amount allowed as a credit under 
        subsection (a) in any subsequent taxable year with respect to 
        such student shall be zero.
            ``(2) Identification requirement.--No credit shall be 
        allowed under this section to a taxpayer with respect to the 
        qualified tuition and related expenses of an eligible student 
        unless the taxpayer includes the name and taxpayer 
        identification number of such eligible student on the return of 
        tax for the taxable year.
            ``(3) Adjustment for certain scholarships, etc.--
                    ``(A) In general.--The amount of qualified tuition 
                and related expenses otherwise taken into account under 
                this section with respect to an individual for an 
                academic period shall be reduced (before the 
                application of subsections (b) and (c)) by the sum of 
                any amounts paid for the benefit of such individual 
                which are allocable to such period as--
                            ``(i) a qualified scholarship which is 
                        excludable from gross income under section 117,
                            ``(ii) an educational assistance allowance 
                        under chapter 30, 31, 32, 34, or 35 of title 
                        38, United States Code, or under chapter 1606 
                        of title 10, United States Code, and
                            ``(iii) a payment (other than a gift, 
                        bequest, devise, or inheritance within the 
                        meaning of section 102(a)) for such 
                        individual's educational expenses, or 
                        attributable to such individual's enrollment at 
                        an eligible educational institution, which is 
                        excludable from gross income under any law of 
                        the United States.
                    ``(B) Coordination with pell grants not used for 
                qualified tuition and related expenses.--Any amount 
                determined with respect to an individual under 
                subparagraph (A) which is attributable to a Federal 
                Pell Grant under section 401 of the Higher Education 
                Act of 1965 shall be reduced (but not below zero) by 
                the amount of the expenses (other than qualified 
                tuition and related expenses) which are taken into 
                account in determining the cost of attendance (as 
                defined in section 472 of the Higher Education Act of 
                1965, as in effect on the date of the enactment of the 
                American Opportunity Tax Credit Act of 2013) of such 
                individual at an eligible educational institution for 
                the academic period for which the credit under this 
                section is being determined.
            ``(4) Treatment of expenses paid by dependent.--If a 
        deduction under section 151 with respect to an individual is 
        allowed to another taxpayer for a taxable year beginning in the 
        calendar year in which such individual's taxable year begins--
                    ``(A) no credit shall be allowed under this section 
                to such individual for such individual's taxable year, 
                and
                    ``(B) qualified tuition and related expenses paid 
                by such individual during such individual's taxable 
                year shall be treated for purposes of this section as 
                paid by such other taxpayer.
            ``(5) Treatment of certain prepayments.--If qualified 
        tuition and related expenses are paid by the taxpayer during a 
        taxable year for an academic period which begins during the 
        first 3 months following such taxable year, such academic 
        period shall be treated for purposes of this section as 
        beginning during such taxable year.
            ``(6) Denial of double benefit.--No credit shall be allowed 
        under this section for any expense for which a deduction is 
        allowed under any other provision of this chapter.
            ``(7) No credit for married individuals filing separate 
        returns.--If the taxpayer is a married individual (within the 
        meaning of section 7703), this section shall apply only if the 
        taxpayer and the taxpayer's spouse file a joint return for the 
        taxable year.
            ``(8) Nonresident aliens.--If the taxpayer is a nonresident 
        alien individual for any portion of the taxable year, this 
        section shall apply only if such individual is treated as a 
        resident alien of the United States for purposes of this 
        chapter by reason of an election under subsection (g) or (h) of 
        section 6013.
    ``(e) Election Not To Have Section Apply.--A taxpayer may elect not 
to have this section apply with respect to the qualified tuition and 
related expenses of an individual for any taxable year.
    ``(f) Definitions.--For purposes of this section:
            ``(1) Eligible student.--The term `eligible student' means, 
        with respect to any taxable year, an individual who--
                    ``(A) is enrolled for at least one academic period 
                which begins during such taxable year at an eligible 
                educational institution, and
                    ``(B) meets the requirements of section 484(a)(1) 
                of the Higher Education Act of 1965, as in effect on 
                the date of the enactment of the American Opportunity 
                Tax Credit Act of 2013.
            ``(2) Qualified tuition and related expenses.--
                    ``(A) In general.--The term `qualified tuition and 
                related expenses' means tuition, fees, and course 
                materials required for the enrollment or attendance 
                of--
                            ``(i) the taxpayer,
                            ``(ii) the taxpayer's spouse, or
                            ``(iii) any dependent of the taxpayer with 
                        respect to whom the taxpayer is allowed a 
                        deduction under section 151,
                at an eligible educational institution for courses of 
                instruction of such individual at such institution.
                    ``(B) Exception for education involving sports, 
                etc.--Such term does not include expenses with respect 
                to any course or other education involving sports, 
                games, or hobbies, unless such course or other 
                education is part of the individual's degree program.
                    ``(C) Exception for nonacademic fees.--Such term 
                does not include student activity fees, athletic fees, 
                insurance expenses, or other expenses unrelated to an 
                individual's academic course of instruction.
            ``(3) Eligible educational institution.--The term `eligible 
        educational institution' means an institution--
                    ``(A) which is described in section 481 of the 
                Higher Education Act of 1965, as in effect on the date 
                of the enactment of the American Opportunity Tax Credit 
                Act of 2013, and
                    ``(B) which is eligible to participate in a program 
                under title IV of such Act.
    ``(g) Portion of Credit Refundable.--Forty percent of the credit 
allowed under this section for a taxable year (determined after 
application of subsections (c)(1) and (d) and without regard to this 
subsection and section 26(a)(2), as the case may be) shall be treated 
as a credit allowable under subpart C (and not allowed under this 
section). The preceding sentence shall not apply to any taxpayer for 
any taxable year if such taxpayer is a child to whom subsection (g) of 
section 1 applies for such taxable year.
    ``(h) Inflation Adjustment.--In the case of any taxable year 
beginning in a calendar year after 2014, each dollar amount in 
subsections (b) and (c)(2), and (d)(1) shall be increased by an amount 
equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under 
        section 1(f)(3) for the calendar year in which the taxable year 
        begins, determined by substituting `calendar year 2013' for 
        `calendar year 1992' in subparagraph (B) thereof.
In the case of subsections (b) and (d)(1), any increase determined 
under the preceding sentence shall be rounded to the nearest multiple 
of $50. In the case of subsection (c)(2), any increase determined under 
the preceding sentence shall be rounded to the nearest multiple of 
$500.
    ``(i) Regulations.--The Secretary may prescribe such regulations as 
may be necessary or appropriate to carry out this section, including 
regulations providing for a recapture of the credit allowed under this 
section in cases where there is a refund in a subsequent taxable year 
of any amount which was taken into account in determining the amount of 
such credit.''.
    (b) Retention of Limitation.--
            (1) In general.--Subparagraph (D) of section 25A(b)(2) of 
        the Internal Revenue Code of 1986, as in effect before the 
        enactment of the American Opportunity Tax Credit Act of 2013 
        hereby transferred to section 25A of such Code, as amended by 
        subsection (a), and is inserted as a new subsection (d)(9) of 
        section 25A, as so amended.
            (2) Conforming amendment.--Paragraph (9) of section 25A(d) 
        of such Code, as transferred and inserted by paragraph (1), is 
        amended by striking ``The Hope Scholarship Credit under 
        subsection (a)(1)'' and inserting ``The credit under subsection 
        (a)''.
    (c) Clerical Amendment.--The item relating to section 25A in the 
table of sections for subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended to read as follows:

``Sec. 25A. American Opportunity Tax Credit.''.
    (d) Conforming Amendments.--
            (1) Subparagraph (B) of section 72(t)(7) of such Code is 
        amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''.
            (2) Paragraph (2) of section 221(d) of such Code is 
        amended--
                    (A) by striking ``25A(g)(2)'' in subparagraph (B) 
                and inserting ``25A(d)(3)'', and
                    (B) by striking ``25A(f)(2)'' and inserting 
                ``25A(f)(3)''.
            (3) Paragraph (3) of section 221(d) of such Code is amended 
        by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only 
        with respect to a student who is carrying at least \1/2\ the 
        normal full-time workload for the course of study the student 
        is pursuing)''.
            (4) Clause (v) of section 529(c)(3)(B) of such Code is 
        amended--
                    (A) by striking ``25A(g)(2)'' in subclause (I) and 
                inserting ``25A(d)(3)'', and
                    (B) by striking ``Hope and lifetime learning 
                credits'' in the heading and inserting ``American 
                opportunity credit''.
            (5) Clause (i) of section 529(e)(3)(B) of such Code is 
        amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1) 
        (but only with respect to a student who is carrying at least 
        \1/2\ the normal full-time workload for the course of study the 
        student is pursuing)''.
            (6) Subparagraph (C) of section 530(d)(2) of such Code is 
        amended--
                    (A) by striking ``25A(g)(2)'' in clause (i)(I) and 
                inserting ``25A(d)(3)'', and
                    (B) by striking ``Hope and lifetime learning 
                credits'' in the heading and inserting ``American 
                opportunity credit''.
            (7) Clause (iii) of section 530(d)(4)(B) of such Code is 
        amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''.
            (8) Section 1400O of such Code is amended--
                    (A) by striking ``25A(f)(2)'' and inserting 
                ``25A(f)(3)'',
                    (B) by inserting ``(as in effect on the date of the 
                enactment of this section)'' after ``25A(b)(1)'' in 
                paragraph (2), and
                    (C) by inserting ``(as in effect on the date of the 
                enactment of this section)'' after ``25A(c)(1)'' in 
                paragraph (3).
            (9) Subsection (e) of section 6050S of such Code is amended 
        by striking ``subsection (g)(2)'' and inserting ``subsection 
        (d)(3)''.
            (10) Subparagraph (A) of section 6211(b)(4) of such Code is 
        amended by striking ``subsection (i)(6)'' and inserting 
        ``subsection (g)''.
            (11) Subparagraph (J) of section 6213(g)(2) of such Code is 
        amended by striking ``25A(g)(1)'' and inserting ``25A(d)(2)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2013.

SEC. 3. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.

    (a) In General.--Paragraph (1) of section 117(b) of the Internal 
Revenue Code of 1986 is amended by striking ``received by an 
individual'' and all that follows and inserting ``received by an 
individual--
            ``(1) as a scholarship or fellowship grant to the extent 
        the individual establishes that, in accordance with the 
        conditions of the grant, such amount was used for qualified 
        tuition and related expenses, or
            ``(2) as a Federal Pell Grant under section 401 of the 
        Higher Education Act of 1965 (as in effect on the date of the 
        enactment of the American Opportunity Tax Credit Act of 
        2013).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2013.
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