,i #aacth ,,congress #ast ,session ,h4 ,r4 #agch ,,in ,,the ,,house ,,of ,,representatives ,april #be1 #bjac ,mr4 ,doggett 7for himself1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,becerra1 ,mr4 ,blumenauer1 ,mr4 ,crowley1 ,mr4 ,kind1 ,mr4 ,larson of ,connecticut1 ,mr4 ,carson of ,indiana1 ,mr4 ,lewis1 ,mr4 ,mc,dermott1 ,mr4 ,pascrell1 ,mr4 ,rangel1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,ms4 ,schwartz1 ,mr4 ,levin1 ,mr4 ,van ,hollen1 ,mr4 ,hinojosa1 ,mr4 ,andrews1 ,mrs4 ,capps1 ,mr4 ,crdenas1 ,ms4 ,castor of ,florida1 ,mrs4 ,christensen1 ,mr4 ,cicilline1 ,mr4 ,cohen1 ,mr4 ,cuellar1 ,mr4 ,cummings1 ,ms4 ,fudge1 ,mr4 ,gallego1 ,mr4 ,garamendi1 ,mr4 ,al ,green of ,texas1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,hastings of ,florida1 ,mr4 ,holt1 ,mr4 ,honda1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,ms4 ,lee of ,california1 ,mr4 ,loebsack1 ,ms4 ,matsui1 ,ms4 ,mc,collum1 ,ms4 ,moore1 ,mr4 ,pastor of ,arizona1 ,mr4 ,ryan of ,ohio1 ,ms4 ,schakowsky1 ,ms4 ,shea-,porter1 ,mr4 ,sherman1 ,mr4 ,sires1 ,ms4 ,speier1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,vela1 ,mr4 ,welch1 ,mr4 ,yarmuth1 ,mr4 ,pocan1 ,ms4 ,jackson ,lee1 ,mrs4 ,negrete ,mc,leod1 ,mr4 ,vargas1 ,mr4 ,tonko1 ,mr4 ,de,fazio1 ,mr4 ,grijalva1 ,ms4 ,edwards1 ,ms4 ,wilson of ,florida1 ,ms4 ,titus1 ,mrs4 ,davis of ,california1 ,mr4 ,nadler1 ,mr4 ,rush1 ,ms4 ,bass1 ,mr4 ,butterfield1 ,mr4 ,capuano1 ,mr4 ,cleaver1 ,mr4 ,doyle1 ,mr4 ,fattah1 ,mr4 ,deutch1 ,mr4 ,kildee1 and ,mr4 ,price of ,north ,carolina7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to extend and modify the ,american ,opportunity ,tax ,credit1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,opportunity ,tax ,credit ,act of #bjac4 #b4 ,extension and modification of ,american ,opportunity ,tax ,credit 7a7 ,in general ,section #be;,a of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #be;,a4 ,american ,opportunity ,tax ,credit 7a7 ,allowance of credit ,in the case of an individual who is an eligible student for any taxable year1 there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection 7b7 with respect to such individual4 7b7 ,amount of credit 7#a7 ,student enrolled at least time ,in the case of an eligible student who is carrying at least the normal full-time workload for the course of study the student is pursuing1 the amount determined under this subsection with respect to such individual is the sum of-- 7,a7 #ajj percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year 7for education furnished to the eligible student during any academic period beginning in such taxable year7 as does not exceed #b1jjj1 plus 7,b7 #be percent of such expenses so paid as exceeds #b1jjj but does not exceed #d1jjj4 7#b7 ,other students ,in the case of an eligible student not described in paragraph 7#a71 the amount determined under this subsection with respect to such individual is #be percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year 7for education furnished to the eligible student during any academic period beginning in such taxable year7 as does not exceed #aj1jjj4 7c7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,the amount which would 7but for this paragraph7 be taken into account under this section for the taxable year shall be reduced 7but not below zero7 by the amount determined under paragraph 7#b74 7#b7 ,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-- 7,a7 the excess of-- 7i7 the taxpayer's modified adjusted gross income for such taxable year1 over 7ii7 #hj1jjj 7#afj1jjj in the case of a joint return71 bears to 7,b7 #aj1jjj 7#bj1jjj in the case of a joint return74 7#c7 ,modified adjusted gross income ,for purposes of this paragraph1 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 #iaa1 #ica1 or #icc4 7d7 ,other limitations and special rules ,for purposes of this section3 7#a7 ,lifetime dollar limitation ,in the case of qualified tuition and related expenses with respect to any eligible student1 the aggregate amount of the credits allowed in the taxable year and any prior taxable year for such eligible student 7whether beginning before or after ,american ,opportunity ,tax ,credit ,act of #bjac7 shall not exceed #ae1jjj1 determined without regard to whether-- 7,a7 such credits are claimed on the return of tax filed by the eligible student or by another taxpayer1 or 7,b7 such expenses are treated as paid by the eligible student or by another taxpayer4 ,if1 in any taxable year1 the aggregate amount of such credits equals or exceeds #ae1jjj1 the amount allowed as a credit under subsection 7a7 in any subsequent taxable year with respect to such student shall be zero4 7#b7 ,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 year4 7#c7 ,adjustment for certain scholarships1 etc 7,a7 ,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 7before the application of subsections 7b7 and 7c77 by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- 7i7 a qualified scholarship which is excludable from gross income under section #aag1 7ii7 an educational assistance allowance under chapter #cj1 #ca1 #cb1 #cd1 or #ce of title #ch1 ,united ,states ,code1 or under chapter #afjf of title #aj1 ,united ,states ,code1 and 7iii7 a payment 7other than a gift1 bequest1 devise1 or inheritance within the meaning of section #ajb7;a77 for such individual's educational expenses1 or attributable to such individual's enrollment at an eligible educational institution1 which is excludable from gross income under any law of the ,united ,states4 7,b7 ,coordination with ,pell ,grants not used for qualified tuition and related expenses ,any amount determined with respect to an individual under subparagraph 7,a7 which is attributable to a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife shall be reduced 7but not below zero7 by the amount of the expenses 7other than qualified tuition and related expenses7 which are taken into account in determining the cost of attendance 7as defined in section #dgb of the ,higher ,education ,act of #aife1 as in effect on the date of the enactment of the ,american ,opportunity ,tax ,credit ,act of #bjac7 of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined4 7#d7 ,treatment of expenses paid by dependent ,if a deduction under section #aea 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-- 7,a7 no credit shall be allowed under this section to such individual for such individual's taxable year1 and 7,b7 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 taxpayer4 7#e7 ,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 #c months following such taxable year1 such academic period shall be treated for purposes of this section as beginning during such taxable year4 7#f7 ,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 chapter4 7#g7 ,no credit for married individuals filing separate returns ,if the taxpayer is a married individual 7within the meaning of section #ggjc71 this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year4 7#h7 ,nonresident aliens ,if the taxpayer is a nonresident alien individual for any portion of the taxable year1 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 7g7 or 7h7 of section #fjac4 7e7 ,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 year4 7f7 ,definitions ,for purposes of this section3 7#a7 ,eligible student ,the term eligible student means1 with respect to any taxable year1 an individual who-- 7,a7 is enrolled for at least one academic period which begins during such taxable year at an eligible educational institution1 and 7,b7 meets the requirements of section #dhd7;a77#a7 of the ,higher ,education ,act of #aife1 as in effect on the date of the enactment of the ,american ,opportunity ,tax ,credit ,act of #bjac4 7#b7 ,qualified tuition and related expenses 7,a7 ,in general ,the term qualified tuition and related expenses means tuition1 fees1 and course materials required for the enrollment or attendance of-- 7i7 the taxpayer1 7ii7 the taxpayer's spouse1 or 7iii7 any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section #aea1 at an eligible educational institution for courses of instruction of such individual at such institution4 7,b7 ,exception for education involving sports1 etc ,such term does not include expenses with respect to any course or other education involving sports1 games1 or hobbies1 unless such course or other education is part of the individual's degree program4 7,c7 ,exception for nonacademic fees ,such term does not include student activity fees1 athletic fees1 insurance expenses1 or other expenses unrelated to an individual's academic course of instruction4 7#c7 ,eligible educational institution ,the term eligible educational institution means an institution-- 7,a7 which is described in section #dha of the ,higher ,education ,act of #aife1 as in effect on the date of the enactment of the ,american ,opportunity ,tax ,credit ,act of #bjac1 and 7,b7 which is eligible to participate in a program under title ,,iv of such ,act4 7g7 ,portion of credit refundable ,forty percent of the credit allowed under this section for a taxable year 7determined after application of subsections 7c77#a7 and 7d7 and without regard to this subsection and section #bf7;a77#b71 as the case may be7 shall be treated as a credit allowable under subpart ,c 7and not allowed under this section74 ,the preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection 7g7 of section #a applies for such taxable year4 7h7 ,inflation ,adjustment ,in the case of any taxable year beginning in a calendar year after #bjad1 each dollar amount in subsections 7b7 and 7c77#b71 and 7d77#a7 shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjac for calendar year #aiib in subparagraph 7,b7 thereof4 ,in the case of subsections 7b7 and 7d77#a71 any increase determined under the preceding sentence shall be rounded to the nearest multiple of #ej4 ,in the case of subsection 7c77#b71 any increase determined under the preceding sentence shall be rounded to the nearest multiple of #ejj4 7i7 ,regulations ,the ,secretary may prescribe such regulations as may be necessary or appropriate to carry out this section1 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 credit4 4 7b7 ,retention of limitation 7#a7 ,in general ,subparagraph 7,d7 of section #be;,a7b77#b7 of the ,internal ,revenue ,code of #aihf1 as in effect before the enactment of the ,american ,opportunity ,tax ,credit ,act of #bjac hereby transferred to section #be;,a of such ,code1 as amended by subsection 7a71 and is inserted as a new subsection 7d77#i7 of section #be;,a1 as so amended4 7#b7 ,conforming amendment ,paragraph 7#i7 of section #be;,a7d7 of such ,code1 as transferred and inserted by paragraph 7#a71 is amended by striking ,the ,hope ,scholarship ,credit under subsection 7a77#a7 and inserting ,the credit under subsection 7a74 7c7 ,clerical amendment ,the item relating to section #be;,a in the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended to read as follows3 ,sec4 #be;,a4 ,american ,opportunity ,tax ,credit4 4 7d7 ,conforming amendments 7#a7 ,subparagraph 7,b7 of section #gb7t77#g7 of such ,code is amended by striking #be;,a7g77#b7 and inserting #be;,a7d77#c74 7#b7 ,paragraph 7#b7 of section #bba7;d7 of such ,code is amended-- 7,a7 by striking #be;,a7g77#b7 in subparagraph 7,b7 and inserting #be;,a7d77#c71 and 7,b7 by striking #be;,a7f77#b7 and inserting #be;,a7f77#c74 7#c7 ,paragraph 7#c7 of section #bba7;d7 of such ,code is amended by striking #be;,a7b77#c7 and inserting #be;,a7f77#a7 7but only with respect to a student who is carrying at least the normal full-time workload for the course of study the student is pursuing74 7#d7 ,clause 7v7 of section #ebi7;c77#c77;,b7 of such ,code is amended-- 7,a7 by striking #be;,a7g77#b7 in subclause 7,i7 and inserting #be;,a7d77#c71 and 7,b7 by striking ,hope and ,lifetime ,learning credits in the heading and inserting ,american ,opportunity ,credit4 7#e7 ,clause 7i7 of section #ebi7;e77#c77;,b7 of such ,code is amended by striking #be;,a7b77#c7 and inserting #be;,a7f77#a7 7but only with respect to a student who is carrying at least the normal full-time workload for the course of study the student is pursuing74 7#f7 ,subparagraph 7,c7 of section #ecj7;d77#b7 of such ,code is amended-- 7,a7 by striking #be;,a7g77#b7 in clause 7i77,i7 and inserting #be;,a7d77#c71 and 7,b7 by striking ,hope and ,lifetime ,learning credits in the heading and inserting ,american ,opportunity ,credit4 7#g7 ,clause 7iii7 of section #ecj7;d77#d77;,b7 of such ,code is amended by striking #be;,a7g77#b7 and inserting #be;,a7d77#c74 7#h7 ,section #adjj,o of such ,code is amended-- 7,a7 by striking #be;,a7f77#b7 and inserting #be;,a7f77#c71 7,b7 by inserting 7as in effect on the date of the enactment of this section7 after #be;,a7b77#a7 in paragraph 7#b71 and 7,c7 by inserting 7as in effect on the date of the enactment of this section7 after #be;,a7c77#a7 in paragraph 7#c74 7#i7 ,subsection 7e7 of section #fjej,s of such ,code is amended by striking subsection 7g77#b7 and inserting subsection 7d77#c74 7#aj7 ,subparagraph 7,a7 of section #fbaa7;b77#d7 of such ,code is amended by striking subsection 7i77#f7 and inserting subsection 7g74 7#aa7 ,subparagraph 7,j7 of section #fbac7;g77#b7 of such ,code is amended by striking #be;,a7g77#a7 and inserting #be;,a7d77#b74 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #c4 ,expansion of ,pell ,grant exclusion from gross income 7a7 ,in general ,paragraph 7#a7 of section #aag7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking received by an individual and all that follows and inserting 8received by an individual-- 7#a7 as a scholarship or fellowship grant to the extent the individual establishes that1 in accordance with the conditions of the grant1 such amount was used for qualified tuition and related expenses1 or 7#b7 as a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7as in effect on the date of the enactment of the ,american ,opportunity ,tax ,credit ,act of #bjac74 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4