[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7468 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7468

      To amend the Internal Revenue Code of 1986 to allow certain 
distributions from long-term qualified tuition programs for first home 
                   purchases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2026

Mr. Mann (for himself, Mr. Correa, Mr. Alford, Mr. Barrett, Mr. Moylan, 
Mr. McGuire, Mr. Fulcher, Ms. Davids of Kansas, Ms. Mace, and Mr. Bost) 
 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 certain 
distributions from long-term qualified tuition programs for first home 
                   purchases, 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 ``First-Time Home Buyer Empowerment 
Act''.

SEC. 2. SPECIAL RULE FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM QUALIFIED 
              TUITION PROGRAMS FOR FIRST HOME PURCHASES.

    (a) In General.--Section 529(c)(3) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(F) Special rule for certain distributions from 
                long-term qualified tuition programs for first home 
                purchases.--
                            ``(i) In general.--In the case of a 
                        distribution from a qualified tuition program 
                        of a designated beneficiary which has been 
                        maintained for the 15-year period ending on the 
                        date of such distribution, subparagraph (A) 
                        shall not apply to so much of the portion of 
                        such distribution which--
                                    ``(I) does not exceed the aggregate 
                                amount contributed to the program (and 
                                earnings attributable thereto) before 
                                the 5-year period ending on the date of 
                                the distribution, and
                                    ``(II) is used, within 60 days of 
                                such distribution, for the purchase of 
                                a principal residence of a first-time 
                                homebuyer who is such designated 
                                beneficiary.
                            ``(ii) Aggregate limitation.--This 
                        subparagraph shall not apply to any 
                        distribution described in clause (i) to the 
                        extent that the aggregate amount of such 
                        distributions with respect to the designated 
                        beneficiary for the taxable year and all prior 
                        taxable years exceeds an amount equal to 
                        $35,000, reduced by the aggregate amount of 
                        distributions to which subparagraph (E) applies 
                        with respect to such designated beneficiary for 
                        such taxable year and all prior taxable years.
                            ``(iii) Special rule where delay in 
                        acquisition.--If any distribution from a 
                        qualified tuition program of a designated 
                        beneficiary fails to meet the requirements of 
                        subparagraph (A) solely be reason of a delay or 
                        cancellation of the purchase or construction of 
                        the residence, the amount of the distribution 
                        may be contributed to a qualified tuition 
                        program or ABLE account of such beneficiary, as 
                        provided in subclauses (I) and (III), 
                        respectively, of subparagraph (C)(i), 
                        determined by substituting `120 days' for `60 
                        days' in such subparagraph, except that--
                                    ``(I) subparagraph (C)(iii) shall 
                                not be applied to such contribution, 
                                and
                                    ``(II) such amount shall not be 
                                taken into account in determining 
                                whether subparagraph (C)(iii) applies 
                                to any other amount.
                            ``(iv) Recapture of tax benefit.--
                                    ``(I) In general.--If subparagraph 
                                (A) does not apply to a distribution by 
                                reason of this subparagraph and a 
                                qualifying event occurs before the 
                                close of the 5-year period beginning on 
                                the date of the purchase of the 
                                principal residence with respect to 
                                which such distribution was used, the 
                                designated beneficiary's tax for the 
                                taxable year in which such qualifying 
                                event occurs shall be increased by an 
                                amount, determined under regulations, 
                                equal to the tax which (but for this 
                                subparagraph) would have been imposed, 
                                plus interest for the deferral period. 
                                The amount of any increase determined 
                                under the preceding sentence shall be 
                                reduced (but not below zero) by 20 
                                percent for each full year occurring 
                                during the period beginning on the date 
                                of such purchase and ending on the date 
                                of such qualifying event.
                                    ``(II) Qualifying event.--For 
                                purposes of this clause, the term 
                                `qualifying event' means, with respect 
                                to a distribution to which subparagraph 
                                (A) does not apply by reason of this 
                                subparagraph, the disposition of the 
                                principal residence which the 
                                designated beneficiary purchased using 
                                such distribution, or the cessation of 
                                such residence as the principal 
                                residence of the designated beneficiary 
                                (and, if married, such designated 
                                beneficiary's spouse).
                                    ``(III) Deferral period.--For 
                                purposes of this clause, the term 
                                `deferral period' means, with respect 
                                to a distribution to which subparagraph 
                                (A) does not apply by reason of this 
                                subparagraph, the period beginning with 
                                the taxable year in which (without 
                                regard to this subparagraph) the 
                                distribution would have been includible 
                                in gross income and ending with the 
                                taxable year in which the qualifying 
                                event described in subclause (I) 
                                occurs.
                                    ``(IV) Exceptions.--Rules similar 
                                to the rules of subparagraphs (A), (B), 
                                (C), and (E) of section 36(f)(4) shall 
                                apply for purposes of this 
                                subparagraph.
                            ``(v) Definitions.--For purposes of this 
                        subparagraph, the terms `purchase', `principal 
                        residence', and `first-time homebuyer' have the 
                        meaning given such terms in section 36(c).''.
    (b) Coordination With Aggregate Limitation on Special Rollovers to 
Roth IRAs.--Section 529(c)(3)(E)(ii)(II) of such Code is amended to 
read as follows:
                                    ``(II) Aggregate limitation.--This 
                                subparagraph shall not apply to any 
                                distribution described in clause (i) to 
                                the extent that the aggregate amount of 
                                such distributions with respect to the 
                                designated beneficiary for the taxable 
                                year and all prior taxable years 
                                exceeds an amount equal to $35,000, 
                                reduced by the aggregate amount of 
                                distributions to which subparagraph (F) 
                                applies with respect to such designated 
                                beneficiary for such taxable year and 
                                all prior taxable years.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions made in taxable years beginning after the date 
of the enactment of this Act.
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