STEM Education Opportunity Act - Amends the Internal Revenue Code to allow: (1) individual taxpayers a deduction from gross income for STEM (i.e., science, technology, engineering, and mathematics) higher education expenses; and (2) a business-related tax credit for contributions of STEM property (e.g., computer equipment and software, microscopes, and lab equipment), services, and training made to an elementary or secondary school to promote education in the biological sciences, mathematics, earth and physical sciences, computer and information science, engineering, geosciences, and social and behavioral sciences. Defines "STEM higher education expenses" to include any expenses incurred by an individual attending an institution of higher education who is majoring in science, technology, engineering, or mathematics.
Requires the Comptroller General (GAO) to submit to Congress a report detailing: (1) the efficacy of this Act in increasing higher education enrollment in the fields of mathematics, science, engineering, and technology; and (2) any effect this Act has had on the price of higher education tuition in such fields.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6325 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6325
To amend the Internal Revenue Code of 1986 to allow a deduction for
higher education expenses in a program of study in science, technology,
engineering, or mathematics.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Hanna 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 allow a deduction for
higher education expenses in a program of study in science, technology,
engineering, or mathematics.
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 ``STEM Education Opportunity Act''.
SEC. 2. STEM QUALIFIED HIGHER EDUCATION EXPENSES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 222
the following new section:
``SEC. 222A. STEM QUALIFIED HIGHER EDUCATION EXPENSES.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the STEM higher education
expenses paid by the taxpayer during the taxable year.
``(b) STEM Higher Education Expenses.--For purposes of this
section, the term `STEM higher education expense' means any expense of
a type which is taken into account in determining the cost of
attendance (as defined in section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll)) at an eligible educational institution with
respect to the attendance of an individual--
``(1) at such institution for the academic period for which
the deduction under this section is being determined,
``(2) majoring in a course of study at such institution
leading to an associate degree or higher in--
``(A) science, technology, engineering, or
mathematics (within the meaning of section 131(g)(4) of
the Higher Education Act of 1965 (20 U.S.C.
1015(g)(4)), or
``(B) education with a focus on any area described
in subparagraph (A), and
``(3) who at all times during such period is making
satisfactory academic progress (as defined in section 668.34 of
title 34, Code of Federal Regulations, or any successor
regulation) in the pursuit of such degree.
``(c) Definition and Special Rules.--For purposes of this section--
``(1) Eligible educational institution.--The term `eligible
educational institution' has the meaning given the term
`institution of higher education' in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
``(2) Room and board included for students who are at least
half-time.--Subsection (a) shall not apply to any costs of an
individual for room and board while attending an eligible
educational institution, unless such individual is an eligible
individual (as defined in section 25A(b)(3)).
``(3) Carryforward of unused deduction.--If for any taxable
year the deduction allowable under subsection (a) exceeds the
taxpayer's taxable income (determined without regard to this
section), the amount of STEM higher education expenses of the
taxpayer attributable to such excess shall be treated as STEM
higher education expenses paid by the taxpayer in the
succeeding taxable year.
``(4) Identification requirement.--No deduction shall be
allowed under subsection (a) to a taxpayer with respect to STEM
higher education expenses of an individual unless the taxpayer
includes the name and taxpayer identification number of the
individual on the return of tax for the taxable year.
``(5) Certain prepayments allowed.--If STEM higher
education 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) Coordination with other education incentives.--
``(A) Denial of deduction if other credit
elected.--No deduction shall be allowed under
subsection (a) for any taxable year with respect to the
STEM higher education expenses with respect to an
individual if the taxpayer or any other person elects
to have section 25A apply with respect to such
individual for such year or if a credit is allowed
under section 36D with respect to such individual for
such taxable year.
``(B) Coordination with exclusions.--The total
amount of STEM higher education expenses shall be
reduced by the amount of such expenses taken into
account in determining any amount excluded under
section 135, 529(c), or 530(d)(2). For purposes of the
preceding sentence, the amount taken into account in
determining the amount excluded under section 529(c)(1)
shall not include that portion of the distribution
which represents a return of any contributions to the
plan.
``(7) Adjustment for certain scholarships.--Rules similar
to the rules of 25A(g)(2) shall apply for purposes of this
section.
``(8) Dependents.--No deduction shall be allowed under
subsection (a) to any individual with respect to whom a
deduction under section 151 is allowable to another taxpayer
for a taxable year beginning in the calendar year in which such
individual's taxable year begins.
``(9) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall only apply 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.
``(d) Termination.--This section shall not apply to taxable years
beginning more than 10 years after the date of the enactment of the
STEM Education Opportunity Act.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) STEM qualified higher education expenses.--The
deduction allowed by section 222A.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 222 the following new item:
``Sec. 222A. STEM qualified higher education expenses.''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
ELEMENTARY AND SECONDARY SCHOOL LEVEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. CONTRIBUTIONS BENEFITTING SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVEL.
``(a) In General.--For purposes of section 38, the elementary and
secondary school STEM contributions credit determined under this
section for the taxable year is an amount equal to the qualified STEM
contributions made by the taxpayer during the taxable year to one or
more elementary or secondary schools.
``(b) Maximum Credit.--
``(1) Per taxpayer.--The amount of qualified STEM
contributions made to any school which may be taken into
account under this section by the taxpayer for the taxable year
shall not exceed the portion of the limitation under paragraph
(2) which is allocated by such school to the taxpayer for such
year.
``(2) Per school.--The amount of qualified STEM
contributions made to any school which may be allocated under
this section by the school to all taxpayers for all taxable
years shall not exceed $100,000.
``(c) Qualified STEM Contributions.--For purposes of this section--
``(1) In general.--The term `qualified STEM contributions'
means--
``(A) STEM property contributions,
``(B) STEM service contributions, and
``(C) STEM student and educator training
contributions.
``(2) STEM property contributions.--
``(A) In general.--The term `STEM property
contribution' means the amount which would (but for
subsection (d)) be allowed as a deduction under section
170 for a charitable contribution of STEM property if--
``(i) the donee is an elementary or
secondary school,
``(ii) substantially all of the use of the
property by the donee is within the United
States for STEM education in any of the grades
K-12 for use during the school day or in after-
school programs,
``(iii) the original use of the property
begins with the donee,
``(iv) the property will fit productively
into the donee's education plan,
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs, and
``(vi) the donee's use and disposition of
the property will be in accordance with the
provisions of clauses (ii) through (v).
``(B) STEM property.--The term `STEM property'
means--
``(i) computer equipment and software,
``(ii) microscopes,
``(iii) lab equipment, including glassware,
digital scales, and temperature measuring
devices,
``(iv) property used to maintain, renovate,
or improve laboratory facilities,
``(v) STEM education curricula, and
``(vi) whiteboards, smartboards, cameras,
and other relevant STEM education materials.
``(3) STEM service contributions.--
``(A) In general.--The term `STEM service
contributions' means the amount paid or incurred during
the taxable year to provide STEM services in the United
States for the exclusive benefit of students at an
elementary or secondary school but only if no charge is
imposed for providing such services.
``(B) STEM services.--The term `STEM services'
means--
``(i) providing students the opportunity to
engage in hands-on technical equipment training
in a STEM education field, and
``(ii) bringing experts in a STEM education
field into the classroom or after school
programs for demonstrations, talks, or
mentoring exercises.
``(4) STEM student and educator training contributions.--
``(A) In general.--The term `STEM student and
educator training contributions' means the amount paid
or incurred during the taxable year to provide STEM
student and educator training services in the United
States for the exclusive benefit of students at an
elementary or secondary school but only if no charge is
imposed for providing such services.
``(B) STEM student and educator training
services.--The term `STEM student and educator training
services' means--
``(i) on-site technical equipment training
in a STEM education field,
``(ii) field trips to research or related
facilities in a STEM education field,
``(iii) student internships or long term
on-site training in a STEM education field, and
``(iv) educator training exercises in a
STEM education field.
``(5) STEM education.--The term `STEM education' means
education in the biological sciences, mathematics, earth and
physical sciences, computer and information science,
engineering, geosciences, and social and behavioral sciences.
``(6) Elementary or secondary school.--
``(A) In general.--The term `elementary or
secondary school' means any school which provides
elementary education or secondary education
(kindergarten through grade 12), as determined under
State law.
``(B) Groupings of schools.--Such term includes
consortia or other groupings of such schools if all
such schools in the consortia or grouping are located
within the same State.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount allowed as a credit under this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36), and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(37) the elementary and secondary school STEM
contributions credit determined under section 45S.''.
(2) 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. 45S. Contributions benefitting science, technology, engineering,
and mathematics education at the elementary
and secondary school level.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. GAO STUDY.
Not later than 5 years after the date of the enactment of this Act,
the Government Accountability Office, in consultation with the
Secretary of the Treasury, shall submit to Congress a report
detailing--
(1) the efficacy of the STEM Education Opportunity Act in
increasing higher education enrollment in the fields of math,
science, engineering, and technology, and
(2) any effect such Act has had on the price of higher
education tuition in such fields.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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