H.R. 4178 – Reading Mode

IIB

111th CONGRESS

2d Session

H. R. 4178

IN THE SENATE OF THE UNITED STATES

April 22, 2010

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To amend the Federal Deposit Insurance Act to provide for deposit restricted qualified tuition programs, and for other purposes.

Short title

This Act may be cited as the Deposit Restricted Qualified Tuition Programs Act of 2010.

Deposit restricted qualified tuition programs

Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection:

(y)

Deposit restricted qualified tuition programs

(1)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Deposit restricted qualified tuition program

The term deposit restricted qualified tuition program means a qualified tuition program in which—

(i)

the cash provided by a contributor to such a qualified tuition program may be invested only in deposits insured by the Corporation;

(ii)

the contributor may become a participant in the program by depositing funds through the program into an account at a depository institution participating in the program; and

(iii)

the program may include multiple depository institutions, subject to the requirements of section 529 of the Internal Revenue Code of 1986, as amended.

(B)

Qualified tuition program

The term qualified tuition program has the same meaning as in section 529 of the Internal Revenue Code of 1986, as amended.

(2)

Treatment

Notwithstanding any other provision of the law, the following provisions shall apply with respect to any deposit restricted qualified tuition program:

(A)

A deposit restricted qualified tuition program shall be deemed to be an identified banking product (as defined in Section 206 of the Gramm-Leach-Bliley Act of 1999) for purposes of the Securities Exchange Act of 1934.

(B)

None of the following shall be treated as a security, as defined in section 2(a)(1) the Securities Act of 1933, section 3(a)(10) of the Securities Exchange Act of 1934, or section 2(a)(36) of the Investment Company Act of 1940:

(i)

The deposits of cash at an insured depository institution relating to a deposit restricted tuition program.

(ii)

Any certificate of deposit or other instrument of an insured depository institution evidencing any such deposit.

(iii)

The rights and obligations of participants in a deposit restricted qualified tuition program arising from section 529 of the Internal Revenue Code, as amended.

(C)

In no event shall a deposit restricted qualified tuition program, the State entity designated by statute to oversee such program, the administrator appointed to operate the program on behalf of the State or a participating depository institution, be deemed to be an issuer of a security or to be an investment company (as defined in section 3(a) of the Investment Company Act of 1940).

Budget compliance

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives April 20, 2010.

Lorraine C. Miller,

Clerk.