[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 529 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 529

To amend the Internal Revenue Code of 1986 to treat computer technology 
 and equipment as eligible higher education expenses for 529 plans, to 
allow certain individuals a credit against income tax for contributions 
                 to 529 plans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2011

 Ms. Jenkins (for herself, Mr. Kind, Mr. Westmoreland, Mr. Filner, Mr. 
  Sarbanes, Mr. Chaffetz, Mr. Yarmuth, Ms. Lee of California, and Mr. 
Lewis of Georgia) 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 treat computer technology 
 and equipment as eligible higher education expenses for 529 plans, to 
allow certain individuals a credit against income tax for contributions 
                 to 529 plans, and for other purposes.

    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 ``Savings Enhancement for Education in 
College Act''.

SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER 
              EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.

    (a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code 
of 1986 is amended by striking ``and'' at the end of clause (i), by 
striking the period at the end of clause (ii), and by adding at the end 
the following:
                            ``(iii) expenses paid or incurred for the 
                        purchase of any computer technology or 
                        equipment (as defined in section 
                        170(e)(6)(F)(i)) or Internet access and related 
                        services, if such technology, equipment, or 
                        services are to be used primarily by the 
                        designated beneficiary while enrolled at an 
                        eligible educational institution.
                Clause (iii) shall not include expenses for computer 
                software designed for sports, games, or hobbies unless 
                the software is predominantly educational in nature.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after December 31, 2010, in taxable 
years ending after such date.

SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.

    (a) In General.--Subsection (d) of section 25B of the Internal 
Revenue Code of 1986 (relating to elective deferrals and IRA 
contributions by certain individuals) is amended by redesignating 
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the 
following new paragraph:
            ``(2) Contributions to qualified tuition programs.--
                    ``(A) In general.--The term `qualified savings 
                contribution' includes the amount of any purchase or 
                contribution described in paragraph (1)(A) of section 
                529(b) to a qualified tuition program (as defined in 
                such section) if--
                            ``(i) the taxpayer has the power to 
                        authorize distributions and otherwise 
                        administer the account, and
                            ``(ii) the designated beneficiary of such 
                        purchase or contribution is the taxpayer, the 
                        taxpayer's spouse, or an individual with 
                        respect to whom the taxpayer is allowed a 
                        deduction under section 151.
                    ``(B) Limitation based on compensation.--The amount 
                treated as a qualified savings contribution by reason 
                of subparagraph (A) for any taxable year shall not 
                exceed the sum of--
                            ``(i) the compensation (as defined in 
                        section 219(f)(1)) includible in the taxpayer's 
                        gross income for the taxable year, and
                            ``(ii) the amount excluded from the 
                        taxpayer's gross income under section 112 
                        (relating to combat pay) for such year.
                    ``(C) Determination of adjusted gross income.--
                Solely for purposes of determining the applicable 
                percentage under subsection (b) which applies with 
                respect to the amount treated as a qualified savings 
                contribution by reason of subparagraph (A), adjusted 
                gross income (determined without regard to this 
                subparagraph) shall be increased by the excess (if any) 
                of--
                            ``(i) the social security benefits received 
                        during the taxable year (within the meaning of 
                        section 86), over
                            ``(ii) the amount included in gross income 
                        for such year under section 86.''.
    (b) Conforming Amendments.--
            (1) Section 25B of such Code is amended by striking 
        ``qualified retirement savings'' each place it appears in the 
        text and inserting ``qualified savings''.
            (2) The subsection heading for section 25B(d) of such Code 
        is amended by striking ``Retirement''.
            (3) Subparagraph (A) of section 25B(d)(3) of such Code, as 
        redesignated by subsection (a), is amended--
                    (A) by striking ``paragraph (1)'' the first place 
                it appears and inserting ``paragraph (1) or (2)'', and
                    (B) by striking ``paragraph (1)'' the second place 
                it appears and inserting ``paragraph (1), or (2), as 
                the case may be,''.
            (4) The heading for section 25B of such Code is amended by 
        striking ``and ira contributions'' and inserting ``, ira 
        contributions, and qualified tuition program contributions''.
            (5) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 25B and inserting the following 
        new item:

``Sec. 25B. Elective deferrals, IRA contributions, and qualified 
                            tuition program contributions by certain 
                            individuals.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after December 31, 2010, in taxable years 
ending after such date.

SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS.

    (a) In General.--Paragraph (4) of section 529(b) of the Internal 
Revenue Code of 1986 (relating to investment direction) is amended by 
striking the period at the end and inserting ``more frequently than 4 
times per calendar year.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to years beginning after December 31, 2010.

SEC. 5. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO 
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by inserting after section 127 the 
following new section:

``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.

    ``(a) In General.--Gross income of an employee does not include 
amounts paid by the employer as contributions to a qualified tuition 
program held by the employee or spouse of the employee if the 
contributions are made pursuant to a program which is described in 
subsection (b).
    ``(b) Maximum Exclusion.--The amount excluded from the gross income 
of an employee under this section for the taxable year shall not exceed 
$600.
    ``(c) Qualified Tuition Assistance Program.--For purposes of this 
section, a qualified tuition assistance program is a separate written 
plan of an employer for the benefit of such employer's employees--
            ``(1) under which the employer makes matching contributions 
        to qualified tuition programs of--
                    ``(A) such employees,
                    ``(B) their spouses, or
                    ``(C) any individual with respect to whom such an 
                employee or spouse--
                            ``(i) is allowed a deduction under section 
                        151, and
                            ``(ii) has the power to authorize 
                        distributions and otherwise administer such 
                        individual's account under the qualified 
                        tuition program, and
            ``(2) which meets requirements similar to the requirements 
        of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Qualified tuition program.--The term `qualified 
        tuition program' means a qualified tuition program as defined 
        in section 529(b).
            ``(2) Employee and employer.--The terms `employee' and 
        `employer' shall have the meaning given such terms by 
        paragraphs (2) and (3), respectively, of section 127(c).
            ``(3) Applicable rules.--Rules similar to the rules of 
        paragraphs (4), (5), (6), and (7) of section 127(c) shall 
        apply.
    ``(e) Inflation Adjustment.--
            ``(1) In general.--In the case of any taxable year 
        beginning in a calendar year after 2011, the $600 amount 
        contained in subsection (b)(1) shall be increased by an amount 
        equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2010' for `calendar year 1992' in 
                subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be 
        rounded to the nearest multiple of $50.
    ``(f) Cross Reference.--For reporting and recordkeeping 
requirements, see section 6039D.''.
    (b) Exclusion From Employment Taxes.--
            (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of 
        such Code are each amended by inserting ``127A,'' after 
        ``127,'' each place it appears.
            (2) Section 3231(e)(6) of such Code is amended by striking 
        ``section 127'' and inserting ``section 127 or 127A''.
    (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) 
of such Code is amended by inserting ``127A,'' after ``127,''.
    (d) Other Conforming Amendments.--
            (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such 
        Code are each amended by inserting ``127A,'' after ``127,'' 
        each place it appears.
            (2) Section 132(j)(8) of such Code is amended by striking 
        ``section 127'' and inserting ``section 127 or 127A''.
            (3) Section 1397(a)(2)(A) of such Code is amended by 
        inserting at the end the following new clause:
                            ``(iii) Any amount paid or incurred by an 
                        employer which is excludable from the gross 
                        income of an employee under section 127A, but 
                        only to the extent paid or incurred to a person 
                        not related to the employer.''.
            (4) Section 209(a)(15) of the Social Security Act (42 
        U.S.C. 409(a)(15)) is amended by striking ``or 129'' and 
        inserting ``, 127A, or 129''.
    (e) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by inserting after 
the item relating to section 127 the following new item:

``Sec. 127A. Employer contributions to qualified tuition programs.''.
    (f) 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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