S. 1810

119 S1810 IS: Universal School Choice Act
 U.S. Senate
 2025-05-20
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1810  IN THE SENATE OF THE UNITED STATES   May 20, 2025   Mr. Cruz  introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend the Internal Revenue Code of 1986 to allow a credit against tax for charitable donations to nonprofit organizations providing education scholarships to qualified elementary and secondary students.
1.
Short title
This Act may be cited as the   Universal School Choice Act  .
2.
Tax credit for contributions to scholarship granting organizations
(a)
Credit for individuals
(1)
In general
Subpart A of part IV of subchapter A of  chapter 1  of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section:
25F.
Qualified elementary and secondary education scholarships
(a)
Allowance of credit
In the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the aggregate amount of qualified contributions made by the taxpayer during the taxable year.
(b)
Limitations
(1)
In general
The credit allowed under subsection (a) to any taxpayer for any taxable year shall not exceed an amount equal to the greater of—
(A)
10 percent of the adjusted gross income of the taxpayer for the taxable year, or
(B)
$5,000.
(2)
Application of volume cap
No credit shall be allowed under subsection (a) to the taxpayer with respect to the amount of any qualified contribution made during a taxable year which would result in the aggregate amount of credits claimed under this section for such taxable year exceeding—
(A)
with respect to qualified contributions for which the taxpayer is required to designate a distribution State pursuant to paragraph (4) of section 3(a) of the  Universal School Choice Act , the volume cap allocated to such State pursuant to paragraph (2) of such section, or
(B)
with respect to qualified contributions which are not described in subparagraph (A), the volume cap made available to taxpayers pursuant to paragraph (3)(B) of such section.
(3)
Reduction based on State credit
The amount allowed as a credit under subsection (a) for a taxable year shall be reduced by the amount allowed as a credit on any State tax return of the taxpayer for qualified contributions made by the taxpayer during the taxable year.
(c)
Definitions
For purposes of this section—
(1)
Eligible student
The term  eligible student  means an individual who is eligible to enroll in a public elementary or secondary school.
(2)
Qualified contribution
The term  qualified contribution  means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization in the form of cash or marketable securities.
(3)
Qualified elementary or secondary education expense
(A)
In general
The term  qualified elementary or secondary education expense  means the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, a public or private elementary or secondary school (including a religious elementary or secondary school):
(i)
Tuition and required fees.
(ii)
Curricula and curricular materials.
(iii)
Books or other instructional materials.
(iv)
Online educational materials, as well as software, courses, and computer hardware or other technological devices required to access such materials and which is primarily used for educational purposes.
(v)
Tuition for tutoring or educational classes outside of the home or online, including at a tutoring facility, but only if the tutor or instructor is not related to the student and—
(I)
is licensed as a teacher in any State,
(II)
has taught at—
(aa)
a public or private elementary or secondary school, or
(bb)
an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), or
(III)
is a subject matter expert in the relevant subject.
(vi)
Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to admission to an institution of higher education.
(vii)
Fees for dual enrollment in an institution of higher education.
(viii)
Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.
(ix)
Transportation costs incurred for students to participate in any activity for which expenses are authorized under this paragraph.
(B)
Home schooling
The term  qualified elementary or secondary education expense  shall include expenses for the purposes described in clauses (i) through (ix) of subparagraph (A) in connection with a home school (whether treated as a home school or a private school for purposes of applicable State law).
(C)
Prohibition on payments to family members
The term  qualified elementary or secondary education expense  shall not include any expenses related to services provided to the student which are provided by an individual who bears a relationship to the student described in section 152(d)(2).
(4)
Scholarship granting organization
(A)
In general
The term  scholarship granting organization  means any organization—
(i)
which—
(I)
is described in section 501(c)(3) and exempt from tax under section 501(a), and
(II)
is not a private foundation,
(ii)
substantially all of the activities of which are providing scholarships for qualified elementary or secondary education expenses of eligible students,
(iii)
which prevents the co-mingling of qualified contributions with other amounts by maintaining 1 or more separate accounts exclusively for qualified contributions, and
(iv)
which meets the requirements of subsection (d).
(B)
Scholarships for non-eligible students
For purposes of determining whether an organization satisfies the requirement described in subparagraph (A)(ii), such organization may include activities of which are providing scholarships for education expenses of children who are not described in paragraph (1).
(5)
State
The term  State  means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education).
(d)
Requirements for scholarship granting organizations
(1)
In general
An organization meets the requirements of this subsection if—
(A)
such organization provides scholarships to 2 or more students, provided that not all such students attend the same school,
(B)
with respect to any amount contributed to such organization for which a credit is allowed under this section, such organization does not provide scholarships for any expenses other than qualified elementary or secondary education expenses,
(C)
with respect to any amount contributed to such organization for which a credit is allowed under this section, such organization provides a scholarship to eligible students with a priority for—
(i)
students awarded a scholarship the previous school year,
(ii)
after application of clause (i), any such students who have a sibling who was awarded a scholarship from such organization, and
(iii)
after application of clauses (i) and (ii), any such students from households with annual incomes below 500 percent of the poverty line in the State,
(D)
such organization does not earmark or set aside contributions for scholarships on behalf of any particular student at the direction of any individual or corporation that has made a qualified contribution to such organization,
(E)
such organization—
(i)
obtains from an independent certified public accountant annual financial and compliance audits, and
(ii)
certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that the audit described in clause (i) has been completed, and
(F)
no officer or board member of such organization has been convicted of a felony.
(2)
Income verification
(A)
In general
For purposes of paragraph (1)(C)(iii), in the case where providing such priority may be applicable with respect to a student, the organization shall take appropriate steps to verify the annual household income to the student.
(B)
Safe harbor
For purposes of subparagraph (A), review of all of the following (as applicable) shall be treated as satisfying the requirement to take appropriate steps to verify annual household income:
(i)
Federal and State income tax returns or tax return transcripts with applicable schedules for the taxable year prior to application.
(ii)
Income reporting statements for tax purposes or wage and income transcripts from the Internal Revenue Service.
(iii)
Notarized income verification letter from employers.
(iv)
Unemployment or workers compensation statements.
(v)
Budget letters regarding public assistance payments and Supplemental Nutrition Assistance Program (SNAP) payments including a list of household members.
(3)
Independent certified public accountant
For purposes of paragraph (1)(E), the term  independent certified public accountant  means, with respect to an organization, a certified public accountant who is not a person described in section 465(b)(3)(A) with respect to such organization or any employee of such organization.
(4)
Prohibition on self-dealing
(A)
In general
A scholarship granting organization may not award a scholarship to any disqualified person.
(B)
Disqualified person
For purposes of this paragraph, a disqualified person shall be determined pursuant to rules similar to the rules of section 4946.
(e)
Denial of double benefit
Any qualified contribution for which a credit is allowed under this section shall not be taken into account as a charitable contribution for purposes of section 170.
(f)
Carryforward of unused credit
(1)
In general
If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(2)
Limitation
No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.
(g)
Alternative minimum tax
For purposes of calculating the alternative minimum tax under section 55, a taxpayer may use any credit received for a qualified contribution under this section.
 .
(2)
Conforming amendments
(A)
Section 25(e)(1)(C) of such Code is amended by striking  and 25D  and inserting  25D, and 25F .
(B)
The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item:
Sec. 25F. Qualified elementary and secondary education scholarships.
  .
(b)
Credit for corporations
(1)
In general
Subpart D of part IV of subchapter A of  chapter 1  of the Internal Revenue Code of 1986 is amended by adding after section 45AA the following:
45BB.
Contributions to scholarship granting organizations
(a)
General rule
For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year.
(b)
Amount of credit
The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the corporation for such taxable year.
(c)
Qualified contributions
For purposes of this section, the term  qualified contribution  has the meaning given such term under section 25F.
(d)
Denial of double benefit
No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section.
(e)
Application of volume cap
A qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the  Universal School Choice Act .
 .
(2)
Conforming amendments
Section 38(b) of such Code is amended by striking  plus  at the end of paragraph (40), by striking the period and inserting  , plus  at the end of paragraph (41), and by adding at the end the following new paragraph:
(42)
the education scholarship credit determined under section 45BB(a).
 .
(3)
Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
Sec. 45BB. Contributions to scholarship granting organizations.
  .
(c)
Failure of scholarship granting organizations To make distributions
(1)
In general
Chapter 42 of such Code is amended by adding at the end the following new subchapter:
I
Scholarship Granting Organizations
Sec. 4969. Failure to distribute receipts.
4969.
Failure to distribute receipts
(a)
In general
In the case of any scholarship granting organization (as defined in section 25F) which has been determined by the Secretary to have failed to satisfy the requirement under subsection (b) for any taxable year, any contribution made to such organization during the first taxable year beginning after the date of such determination shall not be treated as a qualified contribution (as defined in section 25F(c)(2)) for purposes of sections 25F and 45BB.
(b)
Requirement
(1)
In general
The requirement described in this subsection is that the amount of receipts of the scholarship granting organization for the taxable year which are distributed before the distribution deadline with respect to such receipts shall not be less than the required distribution amount with respect to such taxable year.
(2)
Distribution deadline
The distribution deadline with respect to receipts for a taxable year is the first day of the third taxable year following the taxable year in which such receipts are received by the scholarship granting organization.
(c)
Definitions
For purposes of this section—
(1)
Required distribution amount
(A)
In general
The required distribution amount with respect to a taxable year is the amount equal to 100 percent of the total receipts of the scholarship granting organization for such taxable year, as reduced by the sum of such receipts that are retained for reasonable administrative expenses for the taxable year.
(B)
Safe harbor for reasonable administrative expenses
For purposes of subparagraph (A), if the percentage of total receipts of a scholarship granting organization for a taxable year which are used for administrative purposes is equal to or less than 10 percent, such expenses shall be deemed to be reasonable for purposes of such subparagraph.
(2)
Distributions
The term  distribution  includes amounts which are formally committed but not distributed. A formal commitment described in the preceding sentence may include contributions set aside for eligible students for more than 1 year.
  .
(2)
Clerical amendment
The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item:
Subchapter I. Scholarship Granting Organizations
  .
(d)
Effective date
The amendments made by this section shall apply to taxable years ending after December 31, 2025.
3.
Volume cap
(a)
In general
(1)
National Cap
For purposes of sections 25F(b)(2) and 45BB(e) of the Internal Revenue Code of 1986 (as added by this Act), the volume cap applicable under this section shall be $10,000,000,000 for calendar year 2026 and each subsequent year thereafter.
(2)
Allocation of cap
(A)
In general
For each calendar year, the Secretary shall, from the amount allotted under paragraph (1)—
(i)
subject to subparagraph (C), first reserve, for each State, an amount equal to the sum of the qualifying contributions designated under paragraph (4) with respect to such State in the preceding year; and
(ii)
next, allocate the remaining amount among the States by allocating to each State the sum of—
(I)
an amount that bears the same relationship to 20 percent of such remaining amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary (in coordination with the Secretary of Education) on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II)
an amount that bears the same relationship to 80 percent of such remaining amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary (in coordination with the Secretary of Education), on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.
(B)
Minimum allocation
Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a calendar year.
(C)
Initial year
For purposes of the first calendar year with respect to which this section applies, the amount allocated to each State under this paragraph shall be determined without respect to subparagraph (A)(i).
(3)
Allocation and adjustments
(A)
Initial allocation to States
No later than November 1 of the year preceding a year for which there is a volume cap on credits under paragraph (1) (hereafter in this section, the  applicable year ), or as early as practicable with respect to the first year, the Secretary shall announce the State allocations under paragraph (2) for the applicable year.
(B)
Reallocation of unclaimed credits
On or after July 31 of any applicable year, the Secretary shall—
(i)
make available any amounts of the volume cap which were allocated to States under paragraph (2) and which have not been claimed; and
(ii)
allocate such amounts on a first-come, first-serve basis, as determined based on the time (during such calendar year) at which the taxpayer made the qualified contribution with respect to which the allocation is made.
(4)
Designation by taxpayer
(A)
In general
For purposes of determining the amount of the volume cap allocated to a State under paragraph (2) for any calendar year which has been claimed by taxpayers, the Secretary shall—
(i)
as part of the system described in subsection (c), require each taxpayer making a qualified contribution to designate the distribution State with respect to such contribution; and
(ii)
for each State which an allocation has been made under paragraph (2), ensure that the total amount of qualified contributions designated with respect to such State pursuant to clause (i) during such calendar year does not exceed the amount of the volume cap allocated to a State for such calendar year.
(B)
Binding on scholarship granting organization
The designation by the taxpayer of the distribution State pursuant to subparagraph (A)(i) shall be binding on the scholarship granting organization for purposes of any distribution of the qualified contribution made by such taxpayer.
(C)
Distribution State
For purposes of this section, the term  distribution State  means the State for which the scholarship granting organization shall, pursuant to the requirements under  section 4969  of the Internal Revenue Code of 1986, be required to make distributions with respect to eligible students residing in such State.
(D)
Exception for administrative expenses
The requirements applicable to a scholarship granting organization under subparagraphs (B) and (C) shall not apply to such portion of the qualified contributions received by such organization that are used for administrative purposes (as described in  section 4969(c)(1)(B)  of the Internal Revenue Code of 1986).
(b)
Annual increases
(1)
In general
In the case of the calendar year after a high use calendar year, the dollar amount otherwise in effect under subsection (a) for such calendar year shall be equal to 105 percent of the dollar amount in effect for such high use calendar year.
(2)
High use calendar year
For purposes of this subsection, the term  high use calendar year  means any calendar year for which 90 percent or more of the volume cap in effect for such calendar year under subsection (a) is allocated to taxpayers.
(3)
Prevention of decreases in annual volume cap
The volume cap in effect under subsection (a) for any calendar year shall not be less than the volume cap in effect under such subsection for the preceding calendar year.
(4)
Publication of annual volume cap
The Secretary shall make publicly available the dollar amount of the volume cap in effect under subsection (a) for each calendar year.
(c)
Real-Time information
For purposes of this section, the Secretary shall develop a system to track the amount of qualified contributions made during the calendar year for which a credit may be claimed under section 25F or 45BB of the Internal Revenue Code of 1986, with such information to be updated in real time.
(d)
Definition
For purposes of this section, the term  Secretary  means the Secretary of the Treasury (or the Secretary's delegate)
4.
Exemption from gross income for scholarships for qualified elementary or secondary education expenses of eligible students
(a)
In general
Part III of subchapter B of  chapter 1  of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section:
139J.
Scholarships for qualified elementary or secondary education expenses of eligible students
(a)
In general
In the case of an individual, gross income shall not include any amounts provided to any dependent of such individual pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student which is provided by a scholarship granting organization.
(b)
Definitions
In this section, the terms  qualified elementary or secondary education expense ,  eligible student , and  scholarship granting organization  have the same meaning given such terms under section 25F(c).
 .
(b)
Conforming amendment
The table of sections for part III of subchapter B of  chapter 1  of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item:
Sec. 139J. Scholarships for qualified elementary or secondary education expenses of eligible students.
  .
(c)
Effective date
The amendments made by this section shall apply to amounts received after December 31, 2025, in taxable years ending after such date.
5.
Organizational and parental autonomy
(a)
Prohibition of control over scholarship organizations
(1)
In general
(A)
Treatment
A scholarship granting organization shall not, by virtue of participation under any provision of this Act or any amendment made by this Act, be regarded as acting on behalf of any governmental entity.
(B)
No governmental control
Nothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any scholarship granting organization.
(C)
Maximum freedom
To the extent permissible by law, this Act, and any amendment made by this Act, shall be construed to allow scholarship granting organizations maximum freedom to provide for the needs of the participants without governmental control.
(2)
Prohibition of control over non-public schools
(A)
No governmental control
Nothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any private or religious elementary or secondary education institution.
(B)
No exclusion of private or religious schools
No Federal, State, or local government entity, or officer or employee thereof, shall impose or permit the imposition of any conditions or requirements that would exclude or operate to exclude educational expenses at private or religious elementary and secondary education institutions from being considered qualified elementary or secondary education expenses.
(C)
No exclusion of qualified expenses due to institution's religious character or affiliation
No Federal, State, or local government entity, or officer or employee thereof, shall exclude, discriminate against, or otherwise disadvantage any elementary or secondary education institution with respect to qualified elementary or secondary education expenses at that institution based in whole or in part on the institution’s religious character or affiliation, including religiously based or mission-based policies or practices.
(3)
Parental rights to use scholarships
No Federal, State, or local government entity, or officer or employee thereof, shall disfavor or discourage the use of scholarships granted by participating scholarship granting organizations for qualified elementary or secondary education expenses at private or nonprofit elementary and secondary education institutions, including faith-based schools.
(4)
Parental right to intervene
In any action filed in any State or Federal court which challenges the constitutionality (under the constitution of such State or the Constitution of the United States) of any provision of this Act (or any amendment made by this Act), any parent of an eligible student who has received a scholarship from a scholarship granting organization shall have the right to intervene in support of the constitutionality of such provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument, provided that the court does not require such interveners to join any brief filed on behalf of any State which is a defendant in such action.
(b)
Definitions
For purposes of this section, the terms  eligible student ,  scholarship granting organization , and  qualified elementary or secondary education expense  shall have the same meanings given such terms under  section 25F(c)  of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act).