I
107TH CONGRESS
1ST SESSION
H. R. 636
To amend the Internal Revenue Code of 1986 to permit private educational
institutions to maintain qualified tuition programs which are comparable
to qualified State tuition programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. ENGLISH (for himself and Mr. PAUL) 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 permit
private educational institutions to maintain qualified tui-
tion programs which are comparable to qualified State
tuition programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ELIGIBLE EDUCATIONAL INSTITUTIONS PER-
MITTED TO MAINTAIN QUALIFIED TUITION
PROGRAMS; 
OTHER 
MODIFICATIONS 
OF
QUALIFIED TUITION PROGRAMS.
(a) ELIGIBLE EDUCATIONAL INSTITUTIONS PER-
MITTED TO MAINTAIN QUALIFIED TUITION PROGRAMS.—
(1) IN
GENERAL.—Paragraph (1) of section
529(b) of the Internal Revenue Code of 1986 (defin-
ing qualified State tuition program) is amended by
inserting ‘‘or by 1 or more eligible educational insti-
tutions’’ after ‘‘maintained by a State or agency or
instrumentality thereof’’.
(2) TECHNICAL AMENDMENTS.—
(A) Section 72(e)(9) of such Code is
amended—
(i) in the heading, by striking ‘‘QUALI-
FIED STATE TUITION PROGRAMS’’ and in-
serting ‘‘QUALIFIED TUITION PROGRAMS’’,
and
(ii) in the text, by striking ‘‘qualified
State tuition program’’ and inserting
‘‘qualified tuition program’’.
(B) Subsections (c)(2)(C) and (d)(1)(D) of
section 135 of such Code are amended by strik-
ing ‘‘qualified State tuition program’’ and in-
serting ‘‘qualified tuition program’’.
(C) 
Section 
529 
of 
such 
Code 
is
amended—
(i) by striking ‘‘qualified State tuition
program’’ each place it appears and insert-
ing ‘‘qualified tuition program’’, and
(ii) in subsection (c)(3)(D), by strik-
ing ‘‘qualified State tuition programs’’ and
inserting ‘‘qualified tuition programs’’.
(D) Section 530(b)(2)(B) of such Code is
amended—
(i) 
in 
the 
heading, 
by 
striking
‘‘QUALIFIED
STATE
TUITION
PROGRAMS’’
and inserting ‘‘QUALIFIED TUITION PRO-
GRAMS’’, and
(ii) in the text, by striking ‘‘qualified
State tuition program’’ and inserting
‘‘qualified tuition program’’.
(E) Section 4973(e)(1)(B) of such Code is
amended by striking ‘‘qualified State tuition
program’’ and inserting ‘‘qualified tuition pro-
gram’’.
(F) Section 6693(a)(2)(C) of such Code is
amended by striking ‘‘qualified State tuition
programs’’ and inserting ‘‘qualified tuition pro-
grams’’.
(G)(i) The section heading of section 529
of such Code is amended to read as follows:
‘‘SEC. 529. QUALIFIED TUITION PROGRAMS.’’.
(ii) The item relating to section 529 of
such Code in the table of sections for part VIII
of subchapter F of chapter 1 of such Code is
amended by striking ‘‘State’’.
(b) EXCLUSION FROM GROSS INCOME OF DISTRIBU-
TIONS ALLOCABLE TO QUALIFIED HIGHER EDUCATION
EXPENSES.—
(1) IN GENERAL.—Subparagraph (B) of section
529(c)(3) of such Code (relating to distributions) is
amended to read as follows:
‘‘(B) 
DISTRIBUTIONS
FOR
QUALIFIED
HIGHER
EDUCATION
EXPENSES.—If a dis-
tributee elects the application of this subpara-
graph for any taxable year—
‘‘(i) no amount shall be includible in
gross income by reason of a distribution
which consists of providing a benefit to the
distributee which, if paid for by the dis-
tributee, would constitute payment of a
qualified higher education expense, and
‘‘(ii) the amount which (but for the
election) would be includible in gross in-
come by reason of any other distribution
shall not be so includible in an amount
which bears the same ratio to the amount
which would be so includible as the amount
of the qualified higher education expenses
of the distributee bears to the amount of
the distribution.’’.
(2) DISTRIBUTIONS TREATED AS FIRST BEING
ATTRIBUTABLE TO INCOME.—Subparagraph (A) of
section 529(c)(3) of such Code is amended to read
as follows:
‘‘(A) IN GENERAL.—Any distribution from
a qualified tuition program—
‘‘(i) shall be includible in the gross in-
come of the distributee to the extent allo-
cable to income under the program, and
‘‘(ii) shall not be includible in gross
income to the extent allocable to invest-
ment in the contract.
For purposes of the preceding sentence, rules
similar to the rules of section 72(e)(3) shall
apply.’’.
(c) CHANGE OF QUALIFIED TUITION PROGRAM.—
Clause (i) of section 529(c)(3)(C) of such Code is amended
by inserting ‘‘to another qualified tuition program for the
benefit of the designated beneficiary or’’ after ‘‘trans-
ferred’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 2002.
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