I 115th CONGRESS 2d Session H. R. 5771 IN THE HOUSE OF REPRESENTATIVES May 10, 2018 Mr. Smith of New Jersey (for himself and Mr. Cuellar ) 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 the deduction for charitable contributions as an above-the-line deduction.

1. Short title This Act may be cited as the Charitable Giving Tax Deduction Act . 2. Deduction for charitable contributions allowed in determining adjusted gross income (a) In general Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (7) the following new paragraph: (8) Charitable contributions The deduction allowed under section 170. . (b) Conforming amendment Section 170(b)(1)(H) of such Code is amended by striking (computed without regard to any net operating loss carryback to the taxable year under section 172). and inserting the following: determined without regard to— (i) section 62(a)(8), and (ii) any net operating loss carryback to the taxable year under section 172. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2017.