I 
112TH CONGRESS 
1ST SESSION H. R. 3104 
To amend the Internal Revenue Code of 1986 to provide penalty free distribu-
tions from certain retirement plans for mortgage payments with respect 
to a principal residence and to modify the rules governing hardship 
distributions. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2011 
Mr. GRAVES of Georgia (for himself, Mr. MULVANEY, Mr. COLE, Mr. BART-
LETT, Mr. SOUTHERLAND, Mr. FRANKS of Arizona, Mr. WALSH of Illi-
nois, and Mr. HUELSKAMP) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
penalty free distributions from certain retirement plans 
for mortgage payments with respect to a principal resi-
dence and to modify the rules governing hardship dis-
tributions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hardship Outlays to 
protect Mortgagee Equity Act of 2011’’ or as the ‘‘HOME 
Act of 2011’’. 
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SEC. 2. WAIVER OF TAX ON EARLY DISTRIBUTIONS FROM 
CERTAIN RETIREMENT PLANS FOR MORT-
GAGE PAYMENTS WITH RESPECT TO A PRIN-
CIPAL RESIDENCE. 
(a) IN GENERAL.—Paragraph (2) of section 72(t) of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new subparagraph: 
‘‘(H) DISTRIBUTIONS FOR PRINCIPAL RES-
IDENCE
MORTGAGE
PAYMENTS.—Distributions 
to an individual which are qualified principal 
residence mortgage payment distributions (as 
defined in paragraph (9)). Distributions shall 
not be taken into account under the preceding 
sentence if such distributions are described in 
subparagraph (A), (C), (D), (E), or (F) or to 
the extent paragraph (1) does not apply to such 
distributions by reason of subparagraph (B).’’. 
(b) QUALIFIED PRINCIPAL RESIDENCE MORTGAGE 
PAYMENT DISTRIBUTIONS.—Subsection (t) of section 72 
of such Code is amended by redesignating paragraphs (9) 
and (10) as paragraphs (10) and (11), respectively, and 
by inserting after paragraph (8) the following new para-
graph: 
‘‘(9) QUALIFIED PRINCIPAL RESIDENCE MORT-
GAGE PAYMENT DISTRIBUTIONS.— 
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‘‘(A) IN GENERAL.—For purposes of para-
graph (2)(H), the term ‘qualified principal resi-
dence mortgage payment distribution’ means 
any payment or distribution received by an indi-
vidual to the extent such payment or distribu-
tion is used by the individual before the close 
of the 120th day after the day on which such 
payment or distribution is received to pay quali-
fied mortgage costs with respect to a principal 
residence (within the meaning of section 121) 
of such individual or the spouse of such indi-
vidual. 
‘‘(B) AGGREGATE LIFETIME DOLLAR LIMI-
TATION.—The aggregate amount of payments 
or distributions received by an individual which 
may be treated as qualified principal residence 
mortgage payment distributions for any taxable 
year shall not exceed the excess (if any) of— 
‘‘(i) $50,000, over 
‘‘(ii) the aggregate amounts treated as 
qualified principal residence mortgage pay-
ment distributions with respect to such in-
dividual for all prior taxable years. 
‘‘(C) PLAN DOLLAR LIMITATION.—The ag-
gregate amount of payments or distributions re-
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