[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5576 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5576
To establish USAccounts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Mr. Crowley (for himself and Mr. Ellison) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To establish USAccounts, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USAccounts:
Investing in America's Future Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. USAccount Fund.
Sec. 4. USAccounts.
Sec. 5. Assignment, alienation, and treatment of deceased individuals.
Sec. 6. Rules governing USAccounts relating to investment, accounting,
and reporting.
Sec. 7. USAccount Fund Board.
Sec. 8. Fiduciary responsibilities.
Sec. 9. Accounts disregarded in determining eligibility for Federal
benefits.
Sec. 10. Reports.
Sec. 11. Tax provisions.
(c) Definitions.--For purposes of this Act--
(1) USAccount fund.--The term ``USAccount Fund'' means the
fund established under section 3.
(2) USAccount.--The term ``USAccount'' means an account
established under section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(4) USAccount fund board.--The term ``USAccount Fund
Board'' means the board established pursuant to section 7.
(5) Executive director.--The term ``Executive Director''
means the executive director appointed pursuant to section 7.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a strong link between savings and economic
opportunity. Children in the poorest fifth of households who
manage to move up the income ladder as adults have almost ten
times the wealth of those who remain at the bottom.
(2) Even a small amount of children's savings can have a
significant impact on college success, a key driver of economic
mobility. Low- and moderate-income children with less than $500
saved for college are three times more likely to enroll in
college and four times more likely to graduate than children
with no savings.
(3) Most working families in America lack savings and face
financial insecurity as a result. 44 percent of families are
``liquid asset poor,'' meaning they lack accessible savings to
survive for three months at the Federal poverty level.
(4) Families with children face additional barriers to
building savings. These families are more likely than childless
households to live in asset poverty.
(5) The Great Recession has exacerbated financial
insecurity for millions of American families. Between 2009 and
2011, the bottom 93 percent of households saw a drop in net
worth, while the wealthiest 7 percent of households saw a
significant increase in net worth.
(6) Children's savings accounts programs are evidence-based
and have been tested throughout the country. In 2003, the
Saving for Education, Entrepreneurship, and Downpayment (SEED)
national demonstration project was established to evaluate the
policy and practice of savings accounts for children. SEED
found that even very low-income parents will save and invest
for their children's future if given the opportunity.
(7) Since 2009, publicly funded, universal children's
savings accounts programs have launched citywide in San
Francisco, California, countywide in Cuyahoga County, Ohio, and
statewide in Nevada and Maine. Additional children's savings
programs serving thousands of children have launched or are
launching in Colorado, Hawaii, Illinois, Kansas, Michigan,
Minnesota, Mississippi, New Mexico, New York, Pennsylvania,
South Dakota, Texas, Washington, and Washington, DC.
(8) In order to expand economic opportunity and spur
economic growth, the United States should promote savings and
investments for all Americans.
SEC. 3. USACCOUNT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``USAccount Fund''.
(b) Amounts Held by Fund.--The USAccount Fund consists of the sum
of all amounts paid into the Fund under this Act, increased by the
total net earnings from investments of sums held in the Fund or reduced
by the total net losses from investments of sums held in the Fund, and
reduced by the total amount of payments made from the Fund (including
payments for administrative expenses).
(c) Use of Fund.--
(1) In general.--The sums in the USAccount Fund are
appropriated and shall remain available without fiscal year
limitation--
(A) to make contributions to USAccounts,
(B) to invest under section 6,
(C) to make distributions in accordance with this
Act,
(D) to pay the administrative expenses of carrying
out this Act, and
(E) to purchase insurance as provided in section
8(c)(2).
(2) Exclusive purposes.--The sums in the USAccount Fund
shall not be appropriated for any purpose other than the
purposes specified in this section and may not be used for any
other purpose.
(d) Transfers to USAccount Fund.--The Secretary shall make
transfers from the general fund of the Treasury to the USAccount Fund
as follows:
(1) Automatic contribution.--Upon receipt of a
certification under section 4(b)(2) with respect to an
individual, the Secretary shall transfer $500 to the USAccount
of the individual.
(2) Matching contributions.--Upon receipt of each
certification under section 4(d) with respect to an individual,
the Secretary shall transfer the matching amount to the
USAccount of the individual.
(e) Private Contributions.--The Executive Director shall pay into
the USAccount Fund such amounts as are contributed under section 4(c).
(f) Prohibition on Use of Payroll Taxes To Fund USAccounts.--The
USAccount Fund and USAccounts are wholly separate and unique from the
Social Security system. No amount from any tax on employment may be
contributed to the USAccount Fund or USAccounts.
SEC. 4. USACCOUNTS.
(a) In General.--
(1) Establishment.--The Executive Director shall establish
in the USAccount Fund an account (to be known as a
``USAccount'') for each qualifying child certified under
subsection (b). Each such account shall be identified to its
account holder by means of a unique personal identifier
currently recognized by the Internal Revenue Service and shall
remain in the USAccount Fund unless transferred to private
management under subsection (g).
(2) Account balance.--The balance in an account holder's
USAccount at any time is the excess of--
(A) the sum of--
(i) all deposits made into the USAccount
Fund and credited to the account under
paragraph (3), and
(ii) the total amount of allocations made
to and reductions made in the account pursuant
to paragraph (4), over
(B) the amounts paid out of the account with
respect to such individual under subsection (d).
(3) Crediting of contributions.--Pursuant to regulations
which shall be prescribed by the Executive Director, the
Executive Director shall credit to each USAccount the amounts
paid into the USAccount Fund under section 3(d) which are
attributable to the account holder of such account.
(4) Allocation of earnings and losses.--The Executive
Director shall allocate to each USAccount an amount equal to
the net earnings and net losses from each investment of sums in
the USAccount Fund which are attributable, on a pro rata basis,
to sums credited to such account, reduced by an appropriate
share of the administrative expenses paid out of the net
earnings, as determined by the Executive Director.
(b) Qualifying Child.--For purposes of this Act--
(1) In general.--The term ``qualifying child'' has the
meaning given such term by section 24(c) of the Internal
Revenue Code of 1986.
(2) Certification of account holders.--On the date on which
a qualifying child is registered for a USAccount, the Secretary
shall certify to the Executive Director the name of such
qualifying child.
(c) Private Contributions.--
(1) In general.--The Executive Director shall accept cash
contributions for payment into the USAccount Fund if such
contribution is identified (in such manner as the Executive
Director may require) with the account holder of a USAccount to
whom it is to be credited at the time the contribution is made.
(2) Alternative methods of contribution.--
(A) Payroll deduction.--Under regulations
prescribed by the Executive Director and at the
election of the employer, contributions under paragraph
(1) may be made through payroll deductions.
(B) Tax refunds.--Under regulations prescribed by
the Secretary, contributions under paragraph (1) may be
made by an election to contribute all or a portion of
the tax refund of the contributor.
(3) Annual limitation.--No contribution may be accepted
under paragraph (1)--
(A) unless it is in cash,
(B) after the date on which the USAccount holder
ceases to be a qualifying child, and
(C) except in the case of matching contributions
under subsection (d), if such contribution would result
in aggregate contributions for the calendar year
exceeding $2,000.
(d) Government Matching Contribution.--
(1) In general.--Upon such showing as the Executive
Director may require to establish the basis for certification,
the Executive Director shall, with respect to each private
contribution to the account of an account holder which is made
before such account holder attains age 18, certify to the
Secretary the matching amount with respect to such
contribution.
(2) Matching amount.--
(A) In general.--For purposes of this subsection,
the term ``matching amount'' means, an amount equal to
100 percent of private contributions to the USAccount
of an individual during any calendar year beginning
after the calendar year in which the USAccount is
established, not in excess of $500 for the calendar
year.
(B) Phaseout based on earned income credit
phaseout.--The $500 in subparagraph (A) shall be
reduced (but not below zero) by an amount equal to the
phaseout percentage of so much of the adjusted gross
income (or, if greater, the earned income) of the
taxpayer for the taxable year as exceeds the phaseout
amount. For purposes of this paragraph, terms used in
the preceding sentence which are used in section 32 of
the Internal Revenue Code of 1986 shall have the
meanings given such terms by such section 32.
(3) Private contribution.--For purposes of this subsection,
the term ``private contribution'' means a contribution accepted
under subsection (c).
(e) Distributions.--
(1) In general.--No amount may be distributed from a
USAccount before the date on which the account holder attains
the age of 18.
(2) Higher education expenses.--Paragraph (1) shall not
apply to amounts paid for qualified tuition and related
expenses (as defined in section 25A(f)(1)) of the account
holder if the account holder is an eligible student (as defined
in section 25A(b)(3)) with respect to such expenses.
(3) Rollover.--Distributions from a USAccount after the
date on which the account holder attains the age of 18 which,
within 60 days of such distribution, are transferred to an
individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) of the account holder
shall be treated as a rollover contribution which meets the
requirements of section 408(d)(3) of such Code.
(4) Account termination.--
(A) In general.--On the date on which the account
holder attains age 19, the account shall cease to be
treated as a USAccount and any remaining funds in the
account shall be distributed to the account holder's
retirement savings vehicle established pursuant to the
Presidential Memorandum on Retirement Savings Security
issued January 28, 2014.
(B) Special rule relating to myira.--Amounts
transferred to a savings vehicle under subparagraph (A)
may be distributed from such vehicles during the 10-
year period beginning on the date of such transfer
without any penalty under the Internal Revenue Code of
1986.
(f) Rights of Legal Guardian.--Until the account holder of a
USAccount attains age 18, any rights or duties of the account holder
under this Act with respect to such account shall be exercised or
performed by the legal guardian of such account holder.
(g) Private Management.--
(1) In general.--The account holder of a USAccount may
elect, under regulations prescribed by the Secretary, to
transfer the USAccount to a trustee who meets the requirements
of paragraph (2).
(2) Trustee requirements.--A trustee meets the requirements
of this paragraph if the trustee--
(A) is a bank (as defined in section 408(n)) or
another person who demonstrates to the satisfaction of
the Secretary that the manner in which that person will
administer the USAccount will be consistent with the
requirements of this Act or who has so demonstrated
with respect to any USAccount,
(B) agrees to a cap on its fees and costs, as
determined by the Treasury, for the management of
USAccounts,
(C) provides an investment fund that maximizes
growth over time while minimizing risk, and
(D) provides the safeguards with respect to
USAccounts required by the Secretary.
(3) Additional requirements.--For purposes of this
subsection, rules similar to the rules of paragraphs (3), (4),
and (5) of section 408 of the Internal Revenue Code of 1986
shall apply.
(h) Adjustment for Inflation.--
(1) In general.--For each calendar year beginning after
2015, the dollar amounts under sections 3(d)(1), 4(c)(3)(C),
and 4(d)(2) shall each be increased by such dollar amount
multiplied by the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986 determined
by substituting ``calendar year 2014'' for ``calendar year
1992'' in subparagraph (B) thereof.
(2) Rounding.--If any amount adjusted under clause (i) is
not a multiple of $50, such amount shall be rounded to the next
lowest multiple of $50.
SEC. 5. ASSIGNMENT, ALIENATION, AND TREATMENT OF DECEASED INDIVIDUALS.
(a) Assignment and Alienation.--Under regulations which shall be
prescribed by the Executive Director, rules relating to assignment and
alienation applicable under chapter 84 of title 5, United States Code,
with respect to amounts held in accounts in the Thrift Savings Fund
shall apply with respect to amounts held in USAccounts in the USAccount
Fund.
(b) Treatment of Accounts of Deceased Individuals.--In the case of
a deceased account holder of a USAccount which has an account balance
greater than zero, upon receipt of notification of such individual's
death, the Executive Director shall close the account and shall
transfer the balance in such account to the duly appointed legal
representative of the estate of the deceased account holder, or if
there is no such representative, to the person or persons determined to
be entitled thereto under the laws of the domicile of the deceased
account holder.
SEC. 6. RULES GOVERNING USACCOUNTS RELATING TO INVESTMENT, ACCOUNTING,
AND REPORTING.
(a) Default Investment Program.--The USAccount Fund Board shall
establish a default investment program under which, in a manner similar
to a lifecycle investment program, sums in each USAccount are allocated
to investment funds in the USAccount Fund based on the amount of time
before the account holder attains the age of 18. Each account holder of
a USAccount shall be enrolled in such program unless such account
holder, in such form and manner as prescribed by the Executive
Director, elects otherwise.
(b) Other Rules.--
(1) In general.--Under regulations which shall be
prescribed by the Executive Director, and subject to the
provisions of this Act, the following provisions shall apply
with respect to the USAccount Fund and accounts maintained in
such Fund in the same manner and to the same extent as such
provisions relate to the Thrift Savings Fund and the accounts
maintained in the Thrift Savings Fund:
(A) Section 8438 of title 5, United States Code
(relating to investment of the Thrift Savings Fund).
(B) Section 8439(b) of such title (relating to
engagement of independent qualified public accountant).
(C) Section 8439(c) of such title (relating to
periodic statements and summary descriptions of
investment options).
(D) Section 8439(d) of such title (relating to
assumption of risk).
(2) Application rules.--For purposes of paragraph (1),
references in such sections 8438 and 8439 to an employee,
Member, former employee, or former Member shall be deemed
references to an account holder of a USAccount in the USAccount
Fund.
(c) Confidentiality and Disclosure.--
(1) In general.--Except as otherwise authorized by Federal
law, the USAccount Fund Board, the Executive Director, and any
employee of the USAccount Fund Board shall not disclose
information with respect to the USAccount Fund and or any
account maintained in such Fund.
(2) Disclosure to designee of beneficiary.--The Executive
Director may, subject to such requirements and conditions as he
may prescribe by regulations, disclose such information with
respect to the USAccount of the beneficiary to such person or
persons as the beneficiary may designate in a request for or
consent to such disclosure, or to any other person at the
beneficiary's request to the extent necessary to comply with a
request for information or assistance made by the beneficiary
to such other person.
SEC. 7. USACCOUNT FUND BOARD.
(a) In General.--There is established in the executive branch of
the Government a USAccount Fund Board.
(b) Composition, Duties, and Responsibilities.--Subject to the
provisions of this Act, the following provisions shall apply with
respect to the USAccount Fund Board in the same manner and to the same
extent as such provisions relate to the Federal Retirement Thrift
Investment Board:
(1) Section 8472 of title 5, United States Code (relating
to composition of Federal Retirement Thrift Investment Board).
(2) Section 8474 of such title (relating to Executive
Director).
(3) Section 8475 of such title (relating to investment
policies).
(4) Section 8476 of such title (relating to administrative
provisions).
SEC. 8. FIDUCIARY RESPONSIBILITIES.
(a) In General.--Under regulations of the Secretary of Labor, the
provisions of sections 8477 and 8478 of title 5, United States Code,
shall apply in connection with the USAccount Fund and the accounts
maintained in such Fund in the same manner and to the same extent as
such provisions apply in connection with the Thrift Savings Fund and
the accounts maintained in the Thrift Savings Fund.
(b) Investigative Authority.--Any authority available to the
Secretary of Labor under section 504 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1134) is hereby made available to the
Secretary of Labor, and any officer designated by the Secretary of
Labor, to determine whether any person has violated, or is about to
violate, any provision applicable under subsection (a).
(c) Exculpatory Provisions; Insurance.--
(1) In general.--Any provision in an agreement or
instrument which purports to relieve a fiduciary from
responsibility or liability for any responsibility, obligation,
or duty under this Act shall be void.
(2) Insurance.--Amounts in the USAccount Fund available for
administrative expenses shall be available and may be used at
the discretion of the Executive Director to purchase insurance
to cover potential liability of persons who serve in a
fiduciary capacity with respect to the Fund and accounts
maintained therein, without regard to whether a policy of
insurance permits recourse by the insurer against the fiduciary
in the case of a breach of a fiduciary obligation.
SEC. 9. ACCOUNTS DISREGARDED IN DETERMINING ELIGIBILITY FOR FEDERAL
BENEFITS.
Amounts in any USAccount shall not be taken into account in
determining any individual's or household's financial eligibility for,
or amount of, any benefit or service, paid for in whole or in part with
Federal funds, including student financial aid.
SEC. 10. REPORTS.
The Executive Director, in consultation with the Secretary, shall
annually transmit a written report to the Congress. Such report shall
include--
(1) a detailed description of the status and operation of
the USAccount Fund and the management of the USAccounts, and
(2) a detailed accounting of the administrative expenses in
carrying out this Act, including the ratio of such
administrative expenses to the balance of the USAccount Fund
and the methodology adopted by the Executive Director for
allocating such expenses among the USAccounts.
SEC. 11. TAX PROVISIONS.
(a) Tax Treatment of USAccounts.--Subchapter F of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IX--USACCOUNT FUND AND USACCOUNTS
``Sec. 530A. USAccount Fund and USAccounts.
``SEC. 530A. USACCOUNT FUND AND USACCOUNTS.
``(a) General Rule.--The USAccount Fund and USAccounts shall be
exempt from taxation under this subtitle. Notwithstanding the preceding
sentence, a USAccount shall be subject to the taxes imposed by section
511 (relating to imposition of tax on unrelated business income of
charitable organizations).
``(b) Definitions.--For purposes of this section, the terms
`USAccount Fund' and `USAccount' have the meanings given such terms by
the USAccounts: Investing in America's Future Act of 2014.
``(c) Tax Treatment of Distributions.--Any amount paid or
distributed out of a USAccount--
``(1) which meets the distribution rules of the USAccounts:
Investing in America's Future Act of 2014 shall not be
includible in gross income, and
``(2) which does not meet the distribution rules of section
4(d) of such Act shall be included in the gross income of the
account holder.''.
(b) Enforcement Provisions Relating to Private Management of
USAccounts.--
(1) Excess contributions.--Section 4973 of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``or'' at the end of subsection
(a)(4), by inserting ``or'' at the end of subsection
(a)(5), and by inserting after subsection (a)(5) the
following new paragraph:
``(5) a USAccount subject to management under section 4(g)
of the USAccounts: Investing in America's Future Act of
2014,'', and
(B) by adding at the end the following new
subsection:
``(h) Excess Contributions to Privately Managed USAccounts.--For
purposes of this section, in the case of a USAccount subject to
management under section 4(g) of the USAccounts: Investing in America's
Future Act of 2014, the term `excess contributions' means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the account, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the account, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 4(c)(3)(C) of the
USAccounts: Investing in America's Future Act
of 2014 for the taxable year, over
``(ii) the amount contributed to the
account for the taxable year.''.
(2) Prohibited transactions.--Section 4975 of the Internal
Revenue Code of 1986 is amended--
(A) by adding at the end of subsection (c) the
following new paragraph:
``(7) Special rule for usaccounts.--An individual for whose
benefit a USAccount subject to management under section 4(g) of
the USAccounts: Investing in America's Future Act of 2014 shall
be exempt from the tax imposed by this section with respect to
any transaction concerning such account (which would otherwise
be taxable under this section) if, with respect to such
transaction, the account ceases to be a USAccount by reason of
the application of section 530A(c)(2) to such account.'', and
(B) in subsection (e)(1) by redesignating
subparagraph (G) as subparagraph (H) and by inserting
after subparagraph (F) the following new subparagraph:
``(G) a USAccount subject to management under
section 4(g) of the USAccounts: Investing in America's
Future Act of 2014,''.
(c) Increase in Child Tax Credit.--
(1) In general.--Section 24 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(g) USAccount Contributions.--For purposes of this section--
``(1) In general.--The amount allowed as a credit under
subsection (a) shall be increased by the USAccount contribution
amount.
``(2) USAccount contribution amount.--The term `USAccount
contribution amount' means with respect to each qualifying
child the amount contributed by the taxpayer to the USAccount
of the taxpayer for the taxable year which is taken into
account under section 4(d)(2)(B)(i) of the USAccounts:
Investing in America's Future Act of 2014.
``(3) Limitation.--The amount under paragraph (2) shall be
reduced (but not below zero) under subsection (b)(1) in the
same manner as the credit under subsection (a) is reduced under
subsection (b)(1).
``(4) Amount fully refundable.--The aggregate credits
allowed to the taxpayer under subpart C shall be increased by
the amount of the increase under this subsection and such
amount--
``(A) shall not be treated as a credit allowed
under this subpart, and
``(B) shall reduce the amount of credit otherwise
allowable under subsection (a) without regard to
section 26(a).''.
(2) Effective date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2014.
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