I
106TH CONGRESS
1ST SESSION
H. R. 2750
To amend the Internal Revenue Code of 1986 to make higher education
more affordable by providing a full tax deduction for higher education
expenses and interest on student loans.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. FORD (for himself, Mr. FATTAH, Mr. PAUL, Mr. SANDLIN, Mr.
CUMMINGS, and Ms. NORTON) 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 make
higher education more affordable by providing a full tax
deduction for higher education expenses and interest on
student loans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Make College Afford-
able Act of 1999’’.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) DEDUCTION ALLOWED.—Section 221 of the In-
ternal Revenue Code of 1986 is amended to read as fol-
lows:
‘‘SEC. 221. HIGHER EDUCATION EXPENSES.
‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of an
individual, there shall be allowed as a deduction an
amount equal to—
‘‘(1) the qualified higher education expenses,
and
‘‘(2) interest on qualified higher education
loans,
paid by the taxpayer during the taxable year.
‘‘(b) LIMITATIONS.—
‘‘(1) PER STUDENT.—The aggregate payments
during the taxable year for the qualified higher edu-
cation expenses of each individual which may be
taken into account under subsection (a) shall not ex-
ceed $10,000.
‘‘(2) PER TAXPAYER.—The amount allowed as
a deduction under subsection (a) for the taxable year
shall not exceed $20,000.
‘‘(3) LIMITATION
BASED
ON
MODIFIED
AD-
JUSTED GROSS INCOME.—
‘‘(A) IN
GENERAL.—The amount which
would (but for this paragraph) be taken into ac-
count under subsection (a) shall be reduced
(but not below zero) by the amount determined
under subparagraph (B).
‘‘(B) 
AMOUNT
OF
REDUCTION.—The
amount determined under this subparagraph
equals the amount which bears the same ratio
to the amount which would be so taken into ac-
count as—
‘‘(i) the excess of—
‘‘(I) the taxpayer’s modified ad-
justed gross income for such taxable
year, over
‘‘(II) $55,000 ($85,000 in the
case of a joint return), bears to
‘‘(ii) $15,000.
‘‘(C) MODIFIED
ADJUSTED
GROSS
IN-
COME.—For purposes of this paragraph, the
term ‘modified adjusted gross income’ means
the adjusted gross income of the taxpayer for
the taxable year determined—
‘‘(i) without regard to this section and
sections 911, 931, and 933, and
‘‘(ii) after the application of sections
86, 135, 219, 220, and 469.
For purposes of the sections referred to in
clause (ii), adjusted gross income shall be deter-
mined without regard to the deduction allowed
under this section.
‘‘(D) INFLATION ADJUSTMENTS.—
‘‘(i) IN GENERAL.—In the case of a
taxable year beginning after 2000, the
$55,000 and $85,000 amounts described in
subparagraph (B) shall each be increased
by an amount equal to—
‘‘(I) such dollar amount, multi-
plied by
‘‘(II) the cost-of-living adjust-
ment determined under section 1(f)(3)
for the calendar year in which the tax-
able year begins, determined by sub-
stituting ‘calendar year 1999’ for ‘cal-
endar year 1992’ in subparagraph (B)
thereof.
‘‘(ii) ROUNDING.—If any amount as
adjusted under clause (i) is not a multiple
of $5,000, such amount shall be rounded
to the next lowest multiple of $5,000.
‘‘(c) QUALIFIED HIGHER EDUCATION EXPENSES.—
For purposes of this section—
‘‘(1) QUALIFIED
HIGHER
EDUCATION
EX-
PENSES.—
‘‘(A) IN
GENERAL.—The term ‘qualified
higher education expenses’ means—
‘‘(i) tuition and fees charged by an
educational institution and required for the
enrollment or attendance of—
‘‘(I) the taxpayer,
‘‘(II) the taxpayer’s spouse,
‘‘(III) any dependent of the tax-
payer with respect to whom the tax-
payer is allowed a deduction under
section 151, or
‘‘(IV) any grandchild of the tax-
payer,
as an eligible student at an institution of
higher education, and
‘‘(ii) room and board for such an indi-
vidual while away from home and attend-
ing such institution.
‘‘(B) ELIGIBLE COURSES.—Amounts paid
for qualified higher education expenses of any
individual shall be taken into account under
subsection (a) only to the extent such expenses
are attributable to courses of instruction for
which credit is allowed toward a baccalaureate
or graduate degree by an institution of higher
education or toward a certificate of required
course work at a vocational school.
‘‘(C) 
EXCEPTION
FOR
NONACADEMIC
FEES.—Such term does not include any student
activity fees, athletic fees, insurance expenses,
or other expenses unrelated to a student’s aca-
demic course of instruction.
‘‘(D) ELIGIBLE STUDENT.—For purposes
of subparagraph (A), the term ‘eligible student’
means a student who—
‘‘(i) meets the requirements of section
484(a)(1) of the Higher Education Act of
1965 (20 U.S.C. 1091(a)(1)), as in effect
on the date of the enactment of this sec-
tion, and
‘‘(ii) is carrying at least one-half the
normal full-time work load for the course
of study the student is pursuing, as deter-
mined by the institution of higher edu-
cation.
‘‘(E) IDENTIFICATION REQUIREMENT.—No
deduction shall be allowed under subsection (a)
to a taxpayer with respect to an eligible student
unless the taxpayer includes the name, age, and
taxpayer identification number of such eligible
student on the return of tax for the taxable
year.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
institution which—
‘‘(A) is described in section 481 of the
Higher Education Act of 1965 (20 U.S.C.
1088), as in effect on the date of the enactment
of this section, and
‘‘(B) is eligible to participate in programs
under title IV of such Act.
‘‘(d) QUALIFIED HIGHER EDUCATION LOAN.—For
purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified higher
education loan’ means a loan which is—
‘‘(A) made, insured, or guaranteed by the
Federal Government,
‘‘(B) made by a State or a political sub-
division of a State,
‘‘(C) made from the proceeds of a qualified
student loan bond under section 144(b), or
‘‘(D) made by an institution of higher edu-
cation (as defined in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C.
1141(a))).
‘‘(2) LIMITATION.—The amount of interest on
a qualified higher education loan which is taken into
account under subsection (a)(2) shall not exceed the
amount which bears the same ratio to such amount
of interest as—
‘‘(A) the proceeds from such loan used for
qualified higher education expenses, bears to
‘‘(B) the total proceeds from such loan.
For purposes of the preceding sentence, the term
‘qualified higher education expenses’ shall be deter-
mined without regard to subsection (c)(1)(A)(i)(IV).
‘‘(e) SPECIAL RULES.—
‘‘(1) NO DOUBLE BENEFIT.—
‘‘(A) IN GENERAL.—No deduction shall be
allowed under subsection (a) for any expense
for which a deduction is allowable to the tax-
payer under any other provision of this chapter
unless the taxpayer irrevocably waives his right
to the deduction of such expense under such
other provision.
‘‘(B) DENIAL OF DEDUCTION IF CREDIT
ELECTED.—No deduction shall be allowed
under subsection (a) for a taxable year with re-
spect to the qualified higher education expenses
of an individual if the taxpayer elects to have
section 25A apply with respect to such indi-
vidual for such year.
‘‘(C) DEPENDENTS.—No deduction shall
be allowed under subsection (a) to any indi-
vidual 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.
‘‘(D) COORDINATION WITH EXCLUSIONS.—
A deduction shall be allowed under subsection
(a) for qualified higher education expenses only
to the extent the amount of such expenses ex-
ceeds the amount excludable under section 135
or 530(d)(2) for the taxable year.
‘‘(2) LIMITATION ON TAXABLE YEAR OF DE-
DUCTION.—
‘‘(A) IN GENERAL.—A deduction shall be
allowed under subsection (a) for qualified high-
er education expenses for any taxable year only
to the extent such expenses are in connection
with enrollment at an institution of higher edu-
cation during the taxable year.
‘‘(B) CERTAIN PREPAYMENTS ALLOWED.—
Subparagraph (A) shall not apply to qualified
higher education expenses paid during a taxable
year if such expenses are in connection with an
academic term beginning during such taxable
year or during the first 3 months of the next
taxable year.
‘‘(3) ADJUSTMENT
FOR
CERTAIN
SCHOLAR-
SHIPS AND VETERANS BENEFITS.—The amount of
qualified higher education expenses otherwise taken
into account under subsection (a) or (d)(2) with re-
spect to the education of an individual shall be re-
duced (before the application of subsection (b)) by
the sum of the amounts received with respect to
such individual for the taxable year as—
‘‘(A) a qualified scholarship which under
section 117 is not includable in gross income,
‘‘(B) an educational assistance allowance
under chapter 30, 31, 32, 34, or 35 of title 38,
United States Code, or
‘‘(C) a payment (other than a gift, be-
quest, devise, or inheritance within the meaning
of section 102(a)) for educational expenses, or
attributable to enrollment at an eligible edu-