The Capitol LedgerEvery move in Congress, on the record
HomeBillsRecordsLedger AI

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

AboutFAQFeedbackTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

The projectAboutFAQFeedback
LegalTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

All bills
H.R. 10412·119th Congress·Introduced Sep 16, 2026

To amend the Internal Revenue Code of 1986 to eliminate the State opt-in requirement for the qualified elementary and secondary education scholarship credit.

IntroducedTaxationSubstantive
View bill text
Sponsor
Rep. Smith, Adrian [R-NE-3]
Committees
Ways and Means Committee (primary)
Last action
Sep 16, 2026

Bottom line

This bill expands the federal education scholarship tax credit by removing state-level approval barriers, potentially increasing its utilization and impact on private education funding across all states.

What it actually does

This bill amends the Internal Revenue Code of 1986 to remove the requirement that states must formally "opt-in" or be "listed" for their residents to claim the federal qualified elementary and secondary education scholarship credit. By striking specific subsections related to state approval, the bill would make this federal tax credit automatically available nationwide, regardless of individual state legislative action.

Proponents argue

Proponents argue that eliminating the state opt-in requirement removes unnecessary bureaucratic hurdles and ensures that all families, regardless of their state of residence, have equal access to federal tax incentives for educational choice. They contend this change empowers parents, promotes school choice, and reduces administrative burdens for scholarship organizations.

Opponents contend

Opponents contend that removing the state opt-in requirement constitutes federal overreach into state education policy, undermining state sovereignty and potentially forcing states to participate in a federal program they may not support. They argue it could divert resources or attention from public schools and raise concerns about accountability for private educational institutions receiving funds via these credits.

The bill is exceptionally short and clear, making it very accessible for a quick read and understanding of its direct impact on the Internal Revenue Code.

Section 1(a) and 1(b)

Elimination of State Opt-In Requirement for Education Scholarship Credit

prominently featuredstraightforward

This provision amends Section 25F of the Internal Revenue Code of 1986 by striking subparagraph (D) of subsection (c)(5), striking paragraph (1) of subsection (c), and striking subsection (g) entirely. These removed sections collectively contain the existing requirement for states to formally opt-in or be listed for the federal qualified elementary and secondary education scholarship credit to apply within their borders. The amendment effectively makes the federal tax credit automatically available nationwide.

GroupImpactMechanismScale
GroupParents of elementary and secondary studentsImpactIncreased access to private school scholarships via federal tax credit, as the credit would be available in all states.MechanismRemoval of state-level barrier to federal tax credit eligibility.ScalePotentially nationwide, depending on the availability of qualified scholarship organizations.
GroupState governmentsImpactLoss of control over whether the federal education scholarship credit applies within their borders, potentially impacting state education policy autonomy.MechanismFederal preemption of state opt-in authority for the tax credit.ScaleAll states that had not opted in, or might have chosen not to in the future.
GroupPrivate elementary and secondary schools and scholarship organizationsImpactPotential increase in scholarship funding and enrollment due to broader availability of the federal tax credit for donations to scholarship organizations.MechanismExpanded pool of eligible donors and wider geographic reach for the tax credit.ScaleNationwide.

Supporters argue

Supporters argue that this provision ensures all families, regardless of where they live, can benefit from federal tax incentives for educational choice, promoting equity and parental empowerment by removing unnecessary state-level bureaucracy that can hinder access to educational options.

Critics contend

Critics contend that this provision undermines state sovereignty in education policy, forcing states to participate in a federal program they may not support, and could lead to federal interference in state and local education systems by bypassing state legislative decisions.

Tradeoffs

This provision navigates the tension between federal encouragement of school choice through tax credits and state autonomy in determining education policy and funding priorities. It prioritizes uniform federal access over state-specific control.

FOUND

The amendments made by this section shall take effect as if included in section 70411 of Public Law 119-21.

Section 1(c)

Why it matters:This is standard legislative drafting practice used to ensure continuity and a specific retroactive effective date, rather than an attempt to conceal information.

Case for: Proponents argue that this ensures the policy change is seamlessly integrated with the original establishment of the credit, avoiding any temporary gaps or changes in application that could complicate tax filings or program administration for taxpayers and scholarship organizations.

Case against: Critics might argue that such retroactive application, while common, can add a layer of complexity for taxpayers and administrators who must understand the context of a previous law to fully grasp the current bill's impact.

Estimated impact: Ensures the elimination of the state opt-in requirement is effective from the date the underlying education scholarship credit was originally established, providing consistent application of the policy.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Buried treasure
  • Follow the money
  • Critical analysis
  • Questions to ask
Ask Ledger AI about this