[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 30 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 30

   To amend the Internal Revenue Code of 1986 to improve and expand 
                      education savings accounts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

  Mrs. Biggert (for herself, Mr. McCotter, Mr. Kirk, Mr. Roskam, Mrs. 
 Capito, Mr. Bachus, Mr. Manzullo, Mr. Paul, Mr. Sessions, Mr. Putnam, 
Mr. Turner, Mr. Campbell, Ms. Ros-Lehtinen, Mrs. McMorris Rodgers, and 
  Mr. Dent) 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 improve and expand 
                      education savings accounts.

    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 ``401Kids Family Savings Act of 
2009''.

SEC. 2. EXTENSION OF DATE FOR SUNSET OF CERTAIN EDUCATION SAVINGS 
              INCENTIVES.

    In the case of the provisions of, and amendments made by, section 
401 of the Economic Growth and Tax Relief Reconciliation Act of 2001 
(relating to modifications to education individual retirement 
accounts), section 901 of such Act (relating to sunset of provisions of 
Act) shall be applied by substituting ``December 31, 2015'' for 
``December 31, 2010'' in subsection (a)(1) thereof.

SEC. 3. DISTRIBUTIONS FROM EDUCATION SAVINGS ACCOUNTS FOR FIRST HOME 
              PURCHASES TREATED AS QUALIFIED DISTRIBUTIONS.

    (a) In General.--Subsections (b)(1), (d)(2)(A), (d)(2)(B), 
(d)(2)(C)(ii)(II), and (d)(2)(D) of section 530 of the Internal Revenue 
Code of 1986 are each amended by striking ``qualified education 
expenses'' and inserting ``qualified expenses''.
    (b) Qualified Expenses.--Subsection (b) of section 530 of such Code 
is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively, and by inserting 
        after paragraph (1) the following new paragraph:
            ``(2) Qualified expenses.--The term `qualified expenses' 
        means--
                    ``(A) qualified education expenses (as defined in 
                paragraph (3)), and
                    ``(B) qualified first-time homebuyer expenses (as 
                defined in paragraph (4)).'', and
            (2) by redesignating paragraphs (4) and (5) (as 
        redesignated by paragraph (1)) as paragraphs (5) and (6), 
        respectively, and by inserting after paragraph (3) the 
        following new paragraph:
            ``(4) Qualified first-time homebuyer expenses.--The term 
        `qualified first-time homebuyer expenses' means, in the case of 
        a designated beneficiary who is a first-time homebuyer, the 
        qualified acquisition costs with respect to a principal 
        residence of such beneficiary. Terms used in this paragraph 
        shall have the same meaning as when used in section 
        72(t)(8).''.
    (c) Conforming Amendment.--The heading for paragraph (2) of section 
530(d) of such Code is amended by striking ``qualified education 
expenses'' and inserting ``qualified expenses''.
    (d) 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. ROLLOVERS FROM EDUCATION SAVINGS ACCOUNTS TO ROTH IRAS.

    (a) In General.--Paragraph (5) of section 530(d) of the Internal 
Revenue Code of 1986, as amended by section 5, is amended by inserting 
``or a Roth IRA'' after ``another 401Kids savings account''.
    (b) Conforming Amendment.--Subsection (e) of section 408A of such 
Code is amended by inserting the following after the second sentence: 
``Such term includes a rollover contribution to a Roth IRA from a 
401Kids savings account described in section 530(d)(5).''.
    (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. 5. RENAMING COVERDELL EDUCATION SAVINGS ACCOUNTS AS 401KIDS 
              SAVINGS ACCOUNTS.

    (a) In General.--Section 530 of the Internal Revenue Code of 1986 
is amended by striking ``Coverdell education savings account'' each 
place it appears and inserting ``401Kids savings account''.
    (b) Conforming Amendments.--
            (1) The following provisions of the Internal Revenue Code 
        of 1986 are amended by striking ``Coverdell education savings'' 
        each place it appears and inserting ``401Kids savings'':
                    (A) Section 26(b)(2)(E).
                    (B) Section 72(e)(9).
                    (C) Section 135(c)(2)(C).
                    (D) Section 529(c)(6).
                    (E) Subsections (a) and (e) of section 4973(a).
                    (F) Subsections (c) and (e) of section 4975.
                    (G) Section 6693(a)(2)(E).
            (2) The headings for the following provisions of such Code 
        are amended by striking ``Coverdell education savings'' and 
        inserting ``401kids savings'':
                    (A) Section 72(e)(9).
                    (B) Section 135(c)(2)(C).
                    (C) Section 529(c)(3)(B)(vi).
                    (D) Section 530(b)(1).
                    (E) Section 4973(e).
                    (F) Section 4975(c)(5).
            (3) The heading for section 4973(e) of such Code is amended 
        by striking ``Coverdell Education Savings'' and inserting 
        ``401Kids Savings''.
            (4) The heading for section 530 of such Code is amended to 
        read as follows:

``SEC. 530. 401KIDS SAVINGS ACCOUNTS.''.

            (5) The item in the table of contents for part VII of 
        subchapter F of chapter 1 of such Code relating to section 530 
        is amended to read as follows:

``Sec. 530. 401Kids savings accounts.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
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