Overview

Title

To create children's lifetime savings accounts, and for other purposes.

ELI5 AI

The 401Kids Savings Account Act of 2024 is about helping kids save money for their future by having special savings accounts where family and the government can add money that grows over time, and when they're 18, they can use it for things like school or buying a house.

Summary AI

S. 3716, known as the “401Kids Savings Account Act of 2024,” aims to help children in the United States start savings accounts for their future. The bill proposes creating programs to establish savings accounts for every eligible child, allowing family members and the government to contribute. These accounts can grow over time and be used for higher education, housing, or other approved expenses when the child turns 18. The government also plans to match certain contributions made on behalf of families that qualify for the Earned Income Tax Credit.

Published

2024-01-31
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-31
Package ID: BILLS-118s3716is

Bill Statistics

Size

Sections:
8
Words:
7,738
Pages:
41
Sentences:
113

Language

Nouns: 2,165
Verbs: 554
Adjectives: 436
Adverbs: 40
Numbers: 310
Entities: 362

Complexity

Average Token Length:
4.32
Average Sentence Length:
68.48
Token Entropy:
5.22
Readability (ARI):
36.74

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "401Kids Savings Account Act of 2024", aims to establish savings accounts for children throughout the United States under a program called the "401Kids Account Programs". These accounts are designed to provide financial security for children, including those in foster care, by affording them a means to save for future expenses related to education, buying a home, or starting a business. States can establish their own versions of these accounts, or the federal government will provide an alternative when a state program is unavailable. Major provisions of the bill include allowing contributions via payroll deductions, providing matching federal contributions for qualifying individuals, and permitting account funds to be rolled over into other financial vehicles like Roth IRAs once the account holder reaches adulthood.

Summary of Significant Issues

The bill has raised several notable concerns:

  1. Privacy Concerns: There are serious privacy considerations regarding the sharing of taxpayer information and social security numbers with federal and state agencies, as outlined in the bill. This raises the potential risk of misuse or data breaches.

  2. Appropriation and Spending: The bill stipulates significant government funding, including an initial $100 million and subsequent $30 million annually for operational expenses, without a detailed breakdown of spending. This opens the possibility for inefficient use of resources and lack of financial accountability.

  3. Complexity and Bureaucracy: The general complexity of the rules governing contributions, distributions, and transfers within the 401Kids Account can create barriers to understanding and participation. This complexity might particularly disadvantage those with limited financial literacy.

  4. State and Federal Program Coordination: The coordination between state-run and federally administered programs is underdeveloped in the text, raising questions about consistency in benefit delivery across different jurisdictions.

  5. Fairness and Equity: The imposition of a 10% penalty on nonqualified use of funds could be seen as excessive, potentially discouraging lower-income families from participating if 'qualified expenses' are too narrowly defined.

Impact on the Public

Broadly, the bill may have a positive impact by encouraging savings from a young age and providing a financial cushion for future life events. Its intention aligns with promoting economic security for children across different socio-economic backgrounds.

However, the bureaucratic intricacies and financial penalties in the bill might deter eligible families from participating fully, especially those from lower-income brackets who might benefit the most from such savings initiatives. The possibility of sensitive data being shared between agencies further adds to the public's privacy concerns, which could erode trust in the program.

Impact on Specific Stakeholders

Children and Families: Children, especially those in foster care or low-income households, stand to benefit from the financial security afforded by early savings. Nonetheless, the complexity and potential penalties might pose obstacles, particularly for those less familiar with nuanced financial products.

State Governments: States are tasked with setting up and maintaining these programs, which may strain administrative resources, especially in smaller or less affluent states. The oversight and potential intervention by the federal government introduce an additional layer of governance they must navigate.

Federal Government and Agencies: The Treasury Department and other related federal agencies are given considerable roles in managing and overseeing these savings programs, raising concerns about administrative burden and ensuring smooth operation and data protection.

Overall, while the 401Kids Savings Account Act of 2024 proposes to fundamentally enhance children's financial futures, careful consideration of its complexities, privacy implications, and administrative burdens will be crucial to its successful implementation.

Financial Assessment

The 401Kids Savings Account Act of 2024 (S. 3716) outlines a comprehensive plan to support future savings for children across the United States. The bill includes detailed provisions on financial contributions, limitations, and appropriations designed to foster lifetime savings accounts for minors. Here, the focus will be on the financial aspects of the bill, including the appropriations and the implications of particular monetary provisions.

Financial Contributions and Program Structure

The bill establishes that contributions to a child's savings account should not exceed $2,500 annually, with a provision for inflation adjustment. The aim is to cap the amount individuals can contribute each year while allowing this limit to increase as living costs change over time. However, setting a contribution ceiling might be viewed as limiting for families able to save more, where the issue of fairness and inclusivity in financial planning comes into play.

Notable is also the provision for matching contributions aimed at low-income families. Families eligible for the Earned Income Tax Credit (EITC) can receive additional contributions, which provides an incentive structure for saving. These contributions come from the federal government and act as a multiplier for savings, theoretically leveling the playing field for lower-income families. However, the cost of these matching contributions is unclear and could impact federal financial stability, potentially raising concerns of efficiency and effective targeting of those most in need.

Appropriations and Funding

The bill appropriates substantial funds to cover the establishment and maintenance of these accounts. A total of $100 million is set aside for implementing and managing the act beyond specific administrative purposes. There is also an annual appropriation of $30 million starting in fiscal year 2024, directed specifically towards administering the Federal 401Kids Account Program. This significant outlay raises concerns about potential inefficiencies or wasteful spending, as highlighted in the issues section, since the allocation lacks detailed explanation or a cost analysis of how the funds will be precisely used, which could lead to insufficient oversight and accountability.

Tax Implications and Use of Funds

A critical element of the bill is the imposition of a 10% additional tax on nonqualified use of account funds, seen in Section 2. This measure could disincentivize non-approved withdrawals, encouraging long-term savings. However, this tax might be perceived as punitive for families who may encounter unexpected financial needs that fall outside the scope of 'qualified expenses,' as mentioned in the issues. The bill's focus on qualified uses inherently narrows the flexibility for account holders, potentially leading to debates about fairness in economic flexibility for account beneficiaries.

Resource Considerations under Federal Programs

Another financial consideration is the treatment of these accounts under federal assistance programs. Amounts within a child's savings account are largely disregarded when calculating eligibility for means-tested benefits, except when total funds surpass $100,000. This provision ensures that families will not be penalized for saving. However, there is ambiguity on the interpretation of this threshold, which could lead to inconsistencies and affect individuals' eligibility inaccurately, as pointed out in the concerns.

In summary, while the 401Kids Savings Account Act of 2024 provides substantial financial support mechanisms for children's future savings, the allocation of funds and the stipulations for use contain complexities that warrant close attention to ensure fairness, efficiency, and proper oversight.

Issues

  • The provision in Section 5 regarding the disclosure of taxpayer information raises privacy concerns, especially the sharing of sensitive data such as taxpayer identity and social security numbers, which could lead to potential misuse or breaches of individual data privacy.

  • Section 8 outlines a significant appropriation of funds ($100,000,000 and $30,000,000 annually) without detailed allocation or cost analysis, raising concerns about potential inefficient or wasteful spending and lack of accountability.

  • Section 2 introduces a 10% additional tax on nonqualified use of funds from the 401Kids Savings Account. This might be viewed as punitive and could discourage participation, especially if 'qualified expenses' are narrowly defined, raising questions about fairness and efficacy.

  • The bill in Sections 2 and 3 establishes complex requirements and bureaucratic procedures which might create a significant administrative burden and confuse participants, potentially limiting the program's effectiveness and leading to inequitable outcomes.

  • Section 6 gives broad authority to the Secretary of the Treasury to audit state programs and assume management if they fail to meet requirements, without specifying oversight or accountability mechanisms, which could result in overreach or lack of transparency.

  • Section 2's provisions regarding collective accounts owned by the State could complicate individual rights to access funds and lead to issues of transparency and fairness in governance.

  • There is ambiguity in Section 4 regarding the treatment of accounts under means-tested federal programs, particularly concerning the $100,000 resource threshold, which might lead to varied interpretations and potentially affect eligibility for assistance inaccurately.

  • Section 7's broad definition of 'State' to include entities not traditionally classed as states could lead to legal ambiguities and challenges in applying the act consistently across jurisdictions.

  • The lack of specifics on oversight and accountability mechanisms in Section 5, regarding data use and sharing, poses ethical concerns over the legality and the potential governmental overreach.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states the official title, which is the “401Kids Savings Account Act of 2024.”

2. 401Kids Account Programs Read Opens in new tab

Summary AI

The bill introduces a program called "401Kids Account Programs," which allows states to create savings accounts for every eligible child (under 18) in the U.S. These accounts can receive contributions from various sources, including payroll deductions, and are designed to help with future expenses like education, buying a home, or starting a business. The funds can be transferred, invested, or rolled over into other accounts like Roth IRAs when the child reaches 18, with limitations on contributions and penalties on non-qualified withdrawals.

Money References

  • — “(A) CONTRIBUTION MINIMUM.—A 401Kids Account Program may establish minimum amounts for initial and additional contributions to a 401Kids Savings Account, not to exceed $10.
  • — “(i) IN GENERAL.—Contributions to a 401Kids Savings Account under a 401Kids Account Program during any taxable year (other than contributions made under section 3(b)(4) or 3(b)(5) of the 401Kids Savings Account Act of 2024) shall not be accepted to the extent such contributions exceed $2,500.
  • “(ii) INFLATION ADJUSTMENT.—In the case of any calendar year after 2024, the $2,500 amount in clause (i) shall be increased by an amount equal to— “(I) such dollar amount; multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. If any dollar amount as increased under the preceding sentence is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5.

3. Establishment of Federal 401Kids Account Program Read Opens in new tab

Summary AI

The Federal 401Kids Account Program is set up by the Secretary of the Treasury to create savings accounts for children under 18 whose states don't offer similar programs. Contributions can be made to these accounts, and the government will add money each year, with extra for certain families, to help grow savings until the children reach adulthood.

Money References

  • — (A) CONTRIBUTION MINIMUM.—The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a 401Kids Savings Account under the Federal 401Kids Account Program, not to exceed $10. (B) CONTRIBUTION LIMITATION.—Contributions to a 401Kids Savings Account under the Federal 401Kids Account Program during any taxable year (other than contributions made under paragraphs (4) and (5)) shall not be accepted to the extent such contributions exceed $2,500.
  • (i) ANNUAL AMOUNT.—Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the 401Kids Savings Account established for such individual under the Federal 401Kids Account Program or a 401Kids Account Program established and maintained by a State.
  • (ii) ADDITIONAL AMOUNT FOR EARNED INCOME CREDIT ELIGIBLE FAMILIES.—If a credit is allowable under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, clause (i) shall be applied by substituting “$750” for “$500”.
  • (B) PHASEOUT.—In the case of a taxpayer to whom subparagraph (A)(ii) does not apply, the $500 amount under subparagraph (A)(i) shall be reduced (but not below zero) by $10 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $75,000 ($150,000 in the case of a joint return).
  • (C) MARRIED COUPLES MUST FILE JOINT RETURN.—If the taxpayer is married at the close of the taxable year, subparagraph (A) shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. (D) DEPOSIT ON BEHALF OF CHILDREN IN FOSTER CARE.—At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $750 into the 401Kids Savings Account established under the Federal 401Kids Account Program or a 401Kids Account Program established and maintained by a State for any eligible individual in foster care, in any State, with respect to whom no deposit was made for such year under subparagraph (A). (5) MATCHING CONTRIBUTIONS FOR EARNED INCOME CREDIT ELIGIBLE FAMILIES.—If a credit is allowable under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, the Secretary of the Treasury shall deposit, at the same time as the annual deposit under paragraph (4)(A), into the 401Kids Savings Account established for such eligible individual under the Federal 401Kids Account Program or a 401Kids Account Program established and maintained by a State an amount equal to so much of the contributions made by the parent or guardian of the eligible individual to such account during the preceding taxable year as does not exceed $250.
  • — (A) IN GENERAL.—In the case of any calendar year after 2024, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(D), the $750 amount in paragraphs (4)(A) and (4)(D), and the $250 amount in paragraph (5) shall each be increased by an amount equal to— (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting “calendar year 2023” for “calendar year 2016” in subparagraph (A)(ii) thereof. (B) ROUNDING.—If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (8) ACCOUNTS MAY NOT BE ASSIGNED.—An account

4. Treatment of accounts under certain Federal programs Read Opens in new tab

Summary AI

The section explains that money in a 401Kids Account, as defined by the Internal Revenue Code, is not counted when deciding if someone qualifies for other federal aid, except if the account goes over $100,000 or the money is used for certain costs. Additionally, if the account has too much money, it will temporarily suspend but not stop Supplemental Security Income benefits, and it won't affect the person's eligibility for Medicaid.

Money References

  • (a) Account funds disregarded for purposes of certain other means-Tested Federal programs.—Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under a 401Kids Account Program (as defined in section 529(f) of the Internal Revenue Code of 1986) or the Federal 401Kids Account Program pursuant to section 3, any contributions to such account, and any distribution (or portion thereof) shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that— (1) a distribution for qualified acquisition costs (within the meaning of section 529(f)(4)(E)(ii) of such Code) shall not be so disregarded; and (2) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (b) Suspension of SSI benefits during periods of excessive account funds.

5. Disclosure of taxpayer information, etc Read Opens in new tab

Summary AI

The document amends the Internal Revenue Code to allow the Treasury Department to share taxpayer information, like identities and income, with certain officials for managing the new Federal 401Kids Account Program, while preventing unauthorized redisclosure. It also enables data sharing on children’s births and naturalizations with other government departments to help establish accounts, and allows the use of social security numbers for maintaining these accounts.

6. Treasury audit of State programs Read Opens in new tab

Summary AI

The section authorizes the Secretary of the Treasury to audit state-run 401Kids Account Programs, which are part of a savings plan for children, and take over programs that don't meet federal standards. Additionally, states must provide reports about their management of these programs.

7. State Read Opens in new tab

Summary AI

The term “State” in this section includes not just the 50 states but also the District of Columbia, U.S. territories, and any Indian tribe as specified in a part of the Internal Revenue Code.

8. Appropriation Read Opens in new tab

Summary AI

The section authorizes funding for various initiatives related to the Act, including $100 million for its implementation and administration, $30 million annually for the Federal 401Kids Account Program starting in 2024, and additional funds as needed to help states set up their 401Kids programs and make contributions to the accounts.

Money References

  • There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation— (1) $100,000,000 for the implementation and administration of this Act (other than the purposes described in paragraphs (2), (3), and (4)); (2) $30,000,000 for each fiscal year beginning with fiscal year 2024 for the administration of the Federal 401Kids Account Program; (3) such sums as are necessary to assist States in the establishment of a 401Kids Account Program pursuant to section 529(f) of the Internal Revenue Code of 1986 (according to such procedures as the Secretary shall determine); and (4) such sums as are necessary to make contributions to Federal 401Kids Accounts as required under paragraphs (4) and (5) of section 3(b). ---