2000
[DOCID: f:h7ih.txt]
107th CONGRESS
1st Session
H. R. 7
To provide incentives for charitable contributions by individuals and
businesses, to improve the effectiveness and efficiency of government
program delivery to individuals and families in need, and to enhance
the ability of low-income Americans to gain financial security by
building assets.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2001
Mr. Watts of Oklahoma (for himself, Mr. Hall of Ohio, and Mr. Hastert)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide incentives for charitable contributions by individuals and
businesses, to improve the effectiveness and efficiency of government
program delivery to individuals and families in need, and to enhance
the ability of low-income Americans to gain financial security by
building assets.
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 ``Community
Solutions Act of 2001''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHARITABLE GIVING INCENTIVES PACKAGE
Sec. 101. Deduction for portion of charitable contributions to be
allowed to individuals who do not itemize
deductions.
Sec. 102. Tax-free distributions from individual retirement accounts
for charitable purposes.
Sec. 103. Charitable deduction for contributions of food inventory.
Sec. 104. Charitable donations liability reform for in-kind corporate
contributions.
TITLE II--EXPANSION OF CHARITABLE CHOICE
Sec. 201. Provision of assistance under government programs by
religious and community organizations.
TITLE III--INDIVIDUAL DEVELOPMENT ACCOUNTS
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Structure and administration of qualified individual
development account programs.
Sec. 304. Procedures for opening and maintaining an individual
development account and qualifying for
matching funds.
Sec. 305. Deposits by qualified individual development account
programs.
Sec. 306. Withdrawal procedures.
Sec. 307. Certification and termination of qualified individual
development account programs.
Sec. 308. Reporting, monitoring, and evaluation.
Sec. 309. Authorization of appropriations.
Sec. 310. Account funds disregarded for purposes of certain means-
tested Federal programs.
Sec. 311. Matching funds for individual development accounts provided
through a tax credit for qualified
financial institutions.
TITLE I--CHARITABLE GIVING INCENTIVES PACKAGE
SEC. 101. DEDUCTION FOR PORTION OF CHARITABLE CONTRIBUTIONS TO BE
ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS.
(a) In General.--Section 170 of the Internal Revenue Code of 1986
(relating to charitable, etc., contributions and gifts) is amended by
redesignating subsection (m) as subsection (n) and by inserting after
subsection (l) the following new subsection:
``(m) Deduction for Individuals Not Itemizing Deductions.--In the
case of an individual who does not itemize his deductions for the
taxable year, there shall be taken into account as a direct charitable
deduction under section 63 an amount equal to the lesser of--
``(1) the amount allowable under subsection (a) for the
taxable year, or
``(2) the amount of the standard deduction.''
(b) Direct Charitable Deduction.--
(1) In general.--Subsection (b) of section 63 of such Code
is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``, and'', and by adding at the end thereof the following new
paragraph:
``(3) the direct charitable deduction.''
(2) Definition.--Section 63 of such Code is amended by
redesignating subsection (g) as subsection (h) and by inserting
after subsection (f) the following new subsection:
``(g) Direct Charitable Deduction.--For purposes of this section,
the term `direct charitable deduction' means that portion of the amount
allowable under section 170(a) which is taken as a direct charitable
deduction for the taxable year under section 170(m).''
(3) Conforming amendment.--Subsection (d) of section 63 of
such Code is amended by striking ``and'' at the end of
paragraph (1), by striking the period at the end of paragraph
(2) and inserting ``, and'', and by adding at the end thereof
the following new paragraph:
``(3) the direct charitable deduction.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 102. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS
FOR CHARITABLE PURPOSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to individual retirement accounts) is
amended by adding at the end the following new paragraph:
``(8) Distributions for charitable purposes.--
``(A) In general.--No amount shall be includible in
gross income by reason of a qualified charitable
distribution from an individual retirement account to
an organization described in section 170(c).
``(B) Special rules relating to charitable
remainder trusts, pooled income funds, and charitable
gift annuities.--
``(i) In general.--No amount shall be
includible in gross income by reason of a
qualified charitable distribution from an
individual retirement account--
``(I) to a charitable remainder
annuity trust or a charitable remainder
unitrust (as such terms are defined in
section 664(d)),
``(II) to a pooled income fund (as
defined in section 642(c)(5)), or
``(III) for the issuance of a
charitable gift annuity (as defined in
section 501(m)(5)).
The preceding sentence shall apply only if no
person holds an income interest in the amounts
in the trust, fund, or annuity attributable to
such distribution other than one or more of the
following: the individual for whose benefit
such account is maintained, the spouse of such
individual, or any organization described in
section 170(c).
``(ii) Determination of inclusion of
amounts distributed.--In determining th
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e amount
includible in the gross income of any person by
reason of a payment or distribution from a
trust referred to in clause (i)(I) or a
charitable gift annuity (as so defined), the
portion of any qualified charitable
distribution to such trust or for such annuity
which would (but for this subparagraph) have
been includible in gross income--
``(I) shall be treated as income
described in section 664(b)(1), and
``(II) shall not be treated as an
investment in the contract.
``(iii) No inclusion for distribution to
pooled income fund.--No amount shall be
includible in the gross income of a pooled
income fund (as so defined) by reason of a
qualified charitable distribution to such fund.
``(C) Qualified charitable distribution.--For
purposes of this paragraph, the term `qualified
charitable distribution' means any distribution from an
individual retirement account--
``(i) which is made on or after the date
that the individual for whose benefit the
account is maintained has attained age 59\1/2\,
and
``(ii) which is made directly from the
account to--
``(I) an organization described in
section 170(c), or
``(II) a trust, fund, or annuity
referred to in subparagraph (B).
``(D) Denial of deduction.--The amount allowable as
a deduction under section 170 to the taxpayer for the
taxable year shall be reduced (but not below zero) by
the sum of the amounts of the qualified charitable
distributions during such year which would be
includible in the gross income of the taxpayer for such
year but for this paragraph.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 103. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for contributions of food inventory.--
For purposes of this section--
``(A) Contributions by non-corporate taxpayers.--In
the case of a charitable contribution of food by a
taxpayer, paragraph (3)(A) shall be applied without
regard to whether or not the contribution is made by a
corporation.
``(B) Limit on reduction.--In the case of a
charitable contribution of food which is a qualified
contribution (within the meaning of paragraph (3)(A),
as modified by subparagraph (A) of this paragraph)--
``(i) paragraph (3)(B) shall not apply, and
``(ii) the reduction under paragraph (1)(A)
for such contribution shall be no greater than
the amount (if any) by which the amount of such
contribution exceeds twice the basis of such
food.
``(C) Determination of basis.--For purposes of this
paragraph, if a taxpayer uses the cash method of
accounting, the basis of any qualified contribution of
such taxpayer shall be deemed to be 50 percent of the
fair market value of such contribution.
``(D) Determination of fair market value.--In the
case of a charitable contribution of food which is a
qualified contribution (within the meaning of paragraph
(3), as modified by subparagraphs (A) and (B) of this
paragraph) and which, solely by reason of internal
standards of the taxpayer, lack of market, or similar
circumstances, or which is produced by the taxpayer
exclusively for the purposes of transferring the food
to an organization described in paragraph (3)(A),
cannot or will not be sold, the fair market value of
such contribution shall be determined--
``(i) without regard to such internal
standards, such lack of market, such
circumstances, or such exclusive purpose, and
``(ii) if applicable, by taking into
account the price at which the same or similar
food items are sold by the taxpayer at the time
of the contribution (or, if not so sold at such
time, in the recent past).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2001.
SEC. 104. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE
CONTRIBUTIONS.
(a) Definitions.--For purposes of this section:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Equipment.--The term ``equipment'' includes mechanical
equipment, electronic equipment, and office equipment.
(4) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(5) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(6) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(7) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Liability.--
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(1) Liability of business entities that donate equipment to
nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death that results from the
use of equipment donated by a business entity to a
nonprofit organization.
(B) Application.--This paragraph shall apply with
respect to civil liability under Federal and State law.
(2) Liability of business entities providing use of
facilities to nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring at a facility
of the business entity in connection with a use of such
facility by a nonprofit organization, if--
(i) the use occurs outside of the scope of
business of the business entity;
(ii) such injury or death occurs during a
period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit
organization.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) Liability of business entities providing use of a motor
vehicle or aircraft.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of aircraft or a motor vehicle of a
business entity loaned to a nonprofit organization for
use outside of the scope of business of the business
entity, if--
(i) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(ii) the business entity authorized the use
by the nonprofit organization of motor vehicle
or aircraft that resulted in the injury or
death.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(4) Liability of business entities providing tours of
facilities.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury to, or death of an individual
occurring at a facility of the business entity, if--
(i) such injury or death occurs during a
tour of the facility in an area of the facility
that is not otherwise accessible to the general
public; and
(ii) the business entity authorized the
tour.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether an individual
pays for the tour.
(c) Exceptions.--Subsection (b) shall not apply to an injury or
death that results from an act or omission of a business entity that
constitutes gross negligence or intentional misconduct, including any
misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18, United States Code) for which the defendant
has been convicted in any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this title preempts the laws of any State to the extent
that such laws are inconsistent with this title, except that
this title shall not preempt any State law that provides
additional protection for a business entity for an injury or
death described in a paragraph of subsection (b) with respect
to which the conditions specified in such paragraph apply.
(2) Limitation.--Nothing in this title shall be construed
to supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--A provision of
this title shall not apply to any civil action in a State court against
a business entity in which all parties are citizens of the State if
such State enacts a statute--
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
(f) Effective Date.--This section shall apply to injuries (and
deaths resulting therefrom) occurring on or after the date of the
enactment of this Act.
TITLE II--EXPANSION OF CHARITABLE CHOICE
SEC. 201. PROVISION OF ASSISTANCE UNDER GOVERNMENT PROGRAMS BY
RELIGIOUS AND COMMUNITY ORGANIZATIONS.
Title XXIV of the Revised Statutes is amended by inserting after
section 1990 (42 U.S.C. 1994) the following:
``SEC. 1994A. CHARITABLE CHOICE.
``(a) Short Title.--This section may be cited as the `Charitable
Choice Act of 2001'.
``(b) Purposes.--The purposes of this section are--
``(1) to provide assistance to individuals and families in
need in the most effective and efficient manner;
``(2) to prohibit discrimination against religious
organizations on the basis of religion in the administration
and distribution of government assistance under the government
programs described in subsection (c)(4);
``(3) to allow religious organizations to assist in the
administration and distribution of such assistance without
impairing the religious character of such organizations; and
``(4) to protect the religious freedom of individuals and
families in need who are eligible for government assistance,
including expanding the possibility of choosing to receive
services from a religious organization providing such
assistance.
``(c) Religious Organizations Included as NonGovernmental
Providers.--
``(1) In general.--
``(A) Inclusion.--For any program described in
paragraph (4) that is carried out by the Federal
Government, or by a State or local government with
Federal fu
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nds, the government shall consider, on the
same basis as other nongovernmental organizations,
religious organizations to provide the assistance under
the program, if the program is implemented in a manner
that is consistent with the Establishment Clause and
the Free Exercise Clause of the first amendment to the
Constitution.
``(B) Discrimination prohibited.--Neither the
Federal Government nor a State or local government
receiving funds under a program described in paragraph
(4) shall discriminate against an organization that
provides assistance under, or applies to provide
assistance under, such program, on the basis that the
organization has a religious character.
``(2) Funds not aid to religion.--Federal, State, or local
government funds or other assistance that is received by a
religious organization for the provision of services under this
section constitutes aid to individuals and families in need,
the ultimate beneficiaries of such services, and not aid to the
religious organization.
``(3) Funds not endorsement of religion.--The receipt by a
religious organization of Federal, State, or local government
funds or other assistance under this section is not and should
not be perceived as an endorsement by the government of
religion or the organization's religious beliefs or practices.
``(4) Programs.--For purposes of this section, a program is
described in this paragraph--
``(A) if it involves activities carried out using
Federal funds--
``(i) related to the prevention and
treatment of juvenile delinquency and the
improvement of the juvenile justice system,
including programs funded under the Juvenile
Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.);
``(ii) related to the prevention of crime,
including programs funded under title I of the
Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3701 et seq.);
``(iii) under the Federal housing laws;
``(iv) under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)
``(v) under the Older Americans Act of 1965
(42 U.S.C. 3001 et seq.);
``(vi) under the Child Care Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
``(vii) under the Community Development
Block Grant Program established under title I
of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.);
``(viii) related to the intervention in and
prevention of domestic violence;
``(ix) related to hunger relief activities;
or
``(x) under the Job Access and Reverse
Commute grant program established under section
3037 of the Federal Transit Act of 1998 (49
U.S.C. 5309 note); or
``(B)(i) if it involves activities to assist
students in obtaining the recognized equivalents of
secondary school diplomas and activities relating to
non-school-hours programs; and
``(ii) except as provided in subparagraph (A) and
clause (i), does not include activities carried out
under Federal programs providing education to children
eligible to attend elementary schools or secondary
schools, as defined in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
``(d) Organizational Character and Autonomy.--
``(1) In general.--A religious organization that provides
assistance under a program described in subsection (c)(4) shall
retain its autonomy from Federal, State, and local governments,
including such organization's control over the definition,
development, practice, and expression of its religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State or local government shall require a
religious organization in order to be eligible to provide
assistance under a program described in subsection (c)(4)--
``(A) to alter its form of internal governance; or
``(B) to remove religious art, icons, scripture, or
other symbols because they are religious.
``(e) Employment Practices.--
``(1) In general.--In order to aid in the preservation of
its religious character, a religious organization that provides
assistance under a program described in subsection (c)(4) may,
notwithstanding any other provision of law, require that its
employees adhere to the religious practices of the
organization.
``(2) Title vii exemption.--The exemption of a religious
organization provided under section 702 or 703(e)(2) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2))
regarding employment practices shall not be affected by the
religious organization's provision of assistance under, or
receipt of funds from, a program described in subsection
(c)(4).
``(3) Effect on other laws.--Nothing in this section alters
the duty of a religious organization to comply with the
nondiscrimination provisions in title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) (prohibiting
discrimination on the basis of race, color, and national
origin), title IX of the Education Amendments of 1972 (20
U.S.C. 1681-1686) (prohibiting discrimination in educational
institutions on the basis of sex and visual impairment),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
(prohibiting discrimination against otherwise qualified
disabled individuals), and the Age Discrimination Act of 1975
(42 U.S.C. 6101-6107) (prohibiting discrimination on the basis
of age).
``(f) Rights of Beneficiaries of Assistance.--
``(1) In general.--If an individual described in paragraph
(3) has an objection to the religious character of the
organization from which the individual receives, or would
receive, assistance funded under any program described in
subsection (c)(4), the appropriate Federal, State, or local
governmental entity shall provide to such individual (if
otherwise eligible for such assistance) within a reasonable
period of time after the date of such objection, assistance
that--
``(A) is an alternative, including a nonreligious
alternative, that is accessible to the individual; and
``(B) has a value that is not less than the value
of the assistance that the individual would have
received from such organization.
``(2) Notice.--The appropriate Federal, State, or local
governmental entity shall guarantee that notice is provided to
the individuals described in paragraph (3) of the rights of
such individuals under this section.
``(3) Indi
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vidual described.--An individual described in
this paragraph is an individual who receives or applies for
assistance under a program described in subsection (c)(4).
``(g) Nondiscrimination Against Beneficiaries.--
``(1) Grants and contracts.--A religious organization
providing assistance through a grant or contract under a
program described in subsection (c)(4) shall not discriminate,
in carrying out the program, against an individual described in
subsection (f)(3)on the basis of religion, a religious belief,
or a refusal to hold a religious belief..
``(2) Indirect forms of disbursement.--A religious
organization providing assistance through a voucher,
certificate, or other form of indirect disbursement under a
program described in subsection (c)(4) shall not discriminate,
in carrying out the program, against an individual described in
subsection (f)(3) on the basis of religion, a religious belief,
or a refusal to hold a religious belief.
``(h) Accountability.--
``(1) In general.--Except as provided in paragraph (2), a
religious organization providing assistance under any program
described in subsection (c)(4) shall be subject to the same
regulations as other nongovernmental organizations to account
in accord with generally accepted accounting principles for the
use of such funds provided under such program.
``(2) Limited audit.--Such organization shall segregate
government funds provided under such program into a separate
account or accounts. Only the government funds shall be subject
to audit by the government.
``(i) Limitations on Use of Funds for Certain Purposes.--No funds
provided through a grant or contract to a religious organization to
provide assistance under any program described in subsection (c)(4)
shall be expended for sectarian worship, instruction, or
proselytization. A certificate shall be signed by such organizations
and filed with the government agency that disbursed the funds that
gives assurance the organization will comply with this subsection.
``(j) Effect on State and Local Funds.--If a State or local
government contributes State or local funds to carry out a program
described in subsection (c)(4), the State or local government may
segregate the State or local funds from the Federal funds provided to
carry out the program or may commingle the State or local funds with
the Federal funds. If the State or local government commingles the
State or local funds, the provisions of this section shall apply to the
commingled funds in the same manner, and to the same extent, as the
provisions apply to the Federal funds.
``(k) Treatment of Intermediate Contractors.--If a nongovernmental
organization (referred to in this subsection as an `intermediate
contractor'), acting under a contract or other agreement with the
Federal Government or a State or local government, is given the
authority under the contract or agreement to select nongovernmental
organizations to provide assistance under the programs described in
subsection (c)(4), the intermediate contractor shall have the same
duties under this section as the government when selecting or otherwise
dealing with subcontractors, but the intermediate contractor, if it is
a religious organization, shall retain all other rights of a religious
organization under this section.
``(l) Compliance.--A party alleging that the rights of the party
under this section have been violated by a State or local government
may bring a civil action pursuant to section 1979 against the official
or government agency that has allegedly committed such violation. A
party alleging that the rights of the party under this section have
been violated by the Federal Government may bring a civil action for
appropriate relief in Federal district court against the official or
government agency that has allegedly committed such violation.''.
TITLE III--INDIVIDUAL DEVELOPMENT ACCOUNTS
SEC. 301. PURPOSES.
The purposes of this title are to provide for the establishment of
individual development account programs that will--
(1) provide individuals and families with limited means an
opportunity to accumulate assets and to enter the financial
mainstream;
(2) promote education, homeownership, and the development
of small businesses;
(3) stabilize families and build communities; and
(4) support United States economic expansion.
SEC. 302. DEFINITIONS.
As used in this title:
(1) Eligible individual.--
(A) In general.--The term ``eligible individual''
means an individual who--
(i) has attained the age of 18 years but
not the age of 61;
(ii) is a citizen or legal resident of the
United States;
(iii) is not a student (as defined in
section 151(c)(4)); and
(iv) is a taxpayer the adjusted gross
income of whom for the preceding taxable year
does not exceed--
(I) $20,000, in the case of a
taxpayer described in section 1(c) or
1(d) of the Internal Revenue Code of
1986;
(II) $25,000, in the case of a
taxpayer described in section 1(b) of
such Code; and
(III) $40,000, in the case of a
taxpayer described in section 1(a) of
such Code.
(B) Inflation adjustment.--
(i) In general.--In the case of any taxable
year beginning after 2002, each dollar amount
referred to in subparagraph (A)(iv) 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) of
the Internal Revenue Code of 1986 for
the calendar year in which the taxable
year begins, by substituting ``2001''
for ``1992''.
(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50.
(2) Individual development account.--The term ``Individual
Development Account'' means an account established for an
eligible individual as part of a qualified individual
development account program, but only if the written governing
instrument creating the account meets the following
requirements:
(A) The sole owner of the account is the individual
for whom the account was established.
(B) No contribution will be accepted unless it is
in cash.
(C) The holder of the account is a qualified
financial institution.
(D) The assets of the account will not be
commingled with other property except in a common trust
fund or common investment fund.
(E) Except as provided in section 306(b), any
amount in the account may be paid out only for the
purpose of paying the qualified expenses of the a
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ccount
owner.
(3) Parallel account.--The term ``parallel account'' means
a separate, parallel individual or pooled account for all
matching funds and earnings dedicated to an Individual
Development Account owner as part of a qualified individual
development account program, the sole owner of which is a
qualified financial institution, a qualified nonprofit
organization, or an Indian tribe.
(4) Qualified financial institution.--
(A) In general.--The term ``qualified financial
institution'' means any person authorized to be a
trustee of any individual retirement account under
section 408(a)(2).
(B) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a person
described in subparagraph (A) from collaborating with 1
or more contractual affiliates, qualified nonprofit
organizations, or Indian tribes to carry out an
individual development account program established
under section 303.
(5) Qualified nonprofit organization.--The term ``qualified
nonprofit organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code;
(B) any community development financial institution
certified by the Community Development Financial
Institution Fund; or
(C) any credit union chartered under Federal or
State law.
(6) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe as defined in section 4(12) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103(12), and includes any tribal subsidiary,
subdivision, or other wholly owned tribal entity.
(7) Qualified individual development account program.--The
term ``qualified individual development account program'' means
a program established under section 303 under which--
(A) Individual Development Accounts and parallel
accounts are held by a qualified financial institution;
and
(B) additional activities determined by the
Secretary as necessary to responsibly develop and
administer accounts, including recruiting, providing
financial education and other training to account
owners, and regular program monitoring, are carried out
by the qualified financial institution, a qualified
nonprofit organization, or an Indian tribe.
(8) Qualified expense distribution.--
(A) In general.--The term ``qualified expense
distribution'' means any amount paid (including through
electronic payments) or distributed out of an
Individual Development Account and a parallel account
established for an eligible individual if such amount--
(i) is used exclusively to pay the qualified
expenses of the Individual Development Account
owner or such owner's spouse or dependents, as
approved by the qualified financial
institution, qualified nonprofit organization,
or Indian tribe;
(ii) is paid by the qualified financial
institution, qualified nonprofit organization,
or Indian tribe--
(I) except as otherwise provided in
this clause, directly to the unrelated
third party to whom the amount is due;
(II) in the case of distributions
for working capital under a qualified
business plan (as defined in
subparagraph (B)(iv)(IV)), directly to
the account owner;
(III) in the case of any qualified
rollover, directly to another
Individual Development Account and
parallel account; or
(IV) in the case of a qualified
final distribution, directly to the
spouse, dependent, or other named
beneficiary of the deceased account
owner; and
(iii) is paid after the account owner has
completed a financial education course as
required under section 304(b).
(B) Qualified expenses.--
(i) In general.--The term ``qualified
expenses'' means any of the following:
(I) Qualified higher education
expenses.
(II) Qualified first-time homebuyer
costs.
(III) Qualified business
capitalization or expansion costs.
(IV) Qualified rollovers.
(V) Qualified final distribution.
(ii) Qualified higher education expenses.--
(I) In general.--The term
``qualified higher education expenses''
has the meaning given such term by
section 72(t)(7) of the Internal
Revenue Code of 1986, determined by
treating postsecondary vocational
educational schools as eligible
educational institutions.
(II) Postsecondary vocational
education school.--The term
``postsecondary vocational educational
school'' means an area vocational
education school (as defined in
subparagraph (C) or (D) of section
521(4) of the Carl D. Perkins
Vocational and Applied Technology
Education Act (20 U.S.C. 2471(4)))
which is in any State (as defined in
section 521(33) of such Act), as such
sections are in effect on the date of
the enactment of this Act.
(III) Coordination with other
benefits.--The amount of qualified
higher education expenses for any
taxable year shall be reduced as
provided in section 25A(g)(2) of such
Code and may not be taken into account
for purposes of determining qualified
higher education expenses under section
135 or 530 of the Internal Revenue Code
of 1986.
(iii) Qualified first-time homebuyer
costs.--The term ``qualified first-time
2000
homebuyer costs'' means qualified acquisition
costs (as defined in section 72(t)(8) of such
Code without regard to subparagraph (B)
thereof) with respect to a principal residence
(within the meaning of section 121 of such
Code) for a qualified first-time homebuyer (as
defined in section 72(t)(8) of such Code).
(iv) Qualified business capitalization or
expansion costs.--
(I) In general.--The term
``qualified business capitalization or
expansion costs'' means qualified
expenditures for the capitalization or
expansion of a qualified business
pursuant to a qualified business plan.
(II) Qualified expenditures.--The
term ``qualified expenditures'' means
expenditures included in a qualified
business plan, including capital,
plant, equipment, working capital,
inventory expenses, attorney and
accounting fees, and other costs
normally associated with starting or
expanding a business.
(III) Qualified business.--The term
``qualified business'' means any
business that does not contravene any
law.
(IV) Qualified business plan.--The
term ``qualified business plan'' means
a business plan which has been approved
by the qualified financial institution,
qualified nonprofit organization, or
Indian tribe and which meets such
requirements as the Secretary may
specify.
(v) Qualified rollovers.--The term
``qualified rollover'' means the complete
distribution of the amounts in an Individual
Development Account and parallel account to
another Individual Development Account and
parallel account established in another
qualified financial institution, qualified
nonprofit organization, or Indian tribe for the
benefit of the account owner.
(vi) Qualified final distribution.--The
term ``qualified final distribution'' means, in
the case of a deceased account owner, the
complete distribution of the amounts in an
Individual Development Account and parallel
account directly to the spouse, any dependent,
or other named beneficiary of the deceased.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 303. STRUCTURE AND ADMINISTRATION OF QUALIFIED INDIVIDUAL
DEVELOPMENT ACCOUNT PROGRAMS.
(a) Establishment of Qualified Individual Development Account
Programs.--Any qualified financial institution, qualified nonprofit
organization, or Indian tribe may establish 1 or more qualified
individual development account programs which meet the requirements of
this title.
(b) Basic Program Structure.--
(1) In general.--All qualified individual development
account programs shall consist of the following 2 components:
(A) An Individual Development Account to which an
eligible individual may contribute cash in accordance
with section 304.
(B) A parallel account to which all matching funds
shall be deposited in accordance with section 305.
(2) Tailored ida programs.--A qualified financial
institution, a qualified nonprofit organization, or an Indian
tribe may tailor its qualified individual development account
program to allow matching funds to be spent on 1 or more of the
categories of qualified expenses.
(c) Tax Treatment of Parallel Accounts.--Any account described in
subparagraph (B) of subsection (b)(1) is exempt from taxation under the
Internal Revenue Code of 1986.
SEC. 304. PROCEDURES FOR OPENING AND MAINTAINING AN INDIVIDUAL
DEVELOPMENT ACCOUNT AND QUALIFYING FOR MATCHING FUNDS.
(a) Opening an Account.--An eligible individual may open an
Individual Development Account with a qualified financial institution,
a qualified nonprofit organization, or an Indian tribe upon
certification that such individual maintains no other Individual
Development Account (other than an Individual Development Account to be
terminated by a qualified rollover).
(b) Required Completion of Financial Education Course.--
(1) In general.--Before becoming eligible to withdraw
matching funds to pay for qualified expenses, owners of
Individual Development Accounts must complete a financial
education course offered by a qualified financial institution,
a qualified nonprofit organization, an Indian tribe, or a
government entity.
(2) Standard and applicability of course.--The Secretary,
in consultation with representatives of qualified individual
development account programs and financial educators, shall
establish minimum quality standards for the contents of
financial education courses and providers of such courses
offered under paragraph (1) and a protocol to exempt
individuals from the requirement under paragraph (1) because of
hardship or lack of need.
(c) Status as an Eligible Individual.--Federal income tax forms
from the preceding taxable year (or in the absence of such forms, such
documentation as specified by the Secretary proving the eligible
individual's adjusted gross income and the status of the individual as
an eligible individual) shall be presented to the qualified financial
institution, qualified nonprofit organization, or Indian tribe at the
time of the establishment of the Individual Development Account and in
any taxable year in which contributions are made to the Account to
qualify for matching funds under section 305(b)(1)(A).
(d) Direct Deposits.--The Secretary may, under regulations, provide
for the direct deposit of any portion (not less than $1) of any
overpayment of Federal tax of an individual as a contribution to the
Individual Development Account of such individual.
SEC. 305. DEPOSITS BY QUALIFIED INDIVIDUAL DEVELOPMENT ACCOUNT
PROGRAMS.
(a) Parallel Accounts.--The qualified financial institution,
qualified nonprofit organization, or Indian tribe shall deposit all
matching funds for each Individual Development Account into a parallel
account at a qualified financial institution, a qualified nonprofit
organization, or an Indian tribe.
(b) Regular Deposits of Matching Funds.--
(1) In general.--Subject to paragraph (2), the qualified
financial institution, qualified nonprofit organization, or
Indian tribe shall not less than quarterly (or upon a proper
withdrawal request under section 306, if necessary) deposit
into the parallel account with respect to each eligible
individual the following:
(A) A dollar-for-dollar match for the first $500
contributed by the eligib
2000
le individual into an
Individual Development Account with respect to any
taxable year.
(B) Any matching funds provided by State, local, or
private sources in accordance to the matching ratio set
by those sources.
(2) Inflation adjustment.--
(A) In general.--In the case of any taxable year
beginning after 2002, the dollar amount referred to in
paragraph (1)(A) 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) of the
Internal Revenue Code of 1986 for the calendar
year in which the taxable year begins, by
substituting ``2001'' for ``1992''.
(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $20, such amount
shall be rounded to the nearest multiple of $20.
(3) Cross reference.--
For allowance of tax credit for
Individual Development Account subsidies, including matching funds, see
section 30B of the Internal Revenue Code of 1986.
(c) Deposit of Matching Funds Into Individual Development Account
of Individual Who Has Attained Age 61.--In the case of an Individual
Development Account owner who attains the age of 61, the qualified
financial institution, qualified nonprofit organization, or Indian
tribe which holds the parallel account for such individual shall
deposit the funds in such parallel account into the Individual
Development Account of such individual on the first day of the
succeeding taxable year of such individual.
(d) Uniform Accounting Regulations.--To ensure proper recordkeeping
and determination of the tax credit under section 30B of the Internal
Revenue Code of 1986, the Secretary shall prescribe regulations with
respect to accounting for matching funds in the parallel accounts.
(e) Regular Reporting of Accounts.--Any qualified financial
institution, qualified nonprofit organization, or Indian tribe shall
report the balances in any Individual Development Account and parallel
account of an individual on not less than an annual basis to such
individual.
SEC. 306. WITHDRAWAL PROCEDURES.
(a) Withdrawals for Qualified Expenses.--To withdraw money from an
individual's Individual Development Account to pay qualified expenses
of such individual or such individual's spouse or dependents, the
qualified financial institution, qualified nonprofit organization, or
Indian tribe shall directly transfer such funds from the Individual
Development Account, and, if applicable, from the parallel account
electronically to the distributees described in section 302(8)(A)(ii).
If the distributee is not equipped to receive funds electronically, the
qualified financial institution, qualified nonprofit organization, or
Indian tribe may issue such funds by paper check to the distributee.
(b) Withdrawals for Nonqualified Expenses.--An Individual
Development Account owner may unilaterally withdraw any amount of funds
from the Individual Development Account for purposes other than to pay
qualified expenses, but shall forfeit a proportionate amount of
matching funds from the individual's parallel account by doing so,
unless such withdrawn funds are recontributed to such Account by
September 30 following the withdrawal.
(c) Withdrawals From Accounts of Noneligible Individuals.--If the
individual for whose benefit an Individual Development Account is
established ceases to be an eligible individual, such account shall
remain an Individual Development Account, but such individual shall not
be eligible for any further matching funds under section 305(b)(1)(A)
during the period--
(1) beginning on the first day of the taxable year of such
individual following the beginning of such ineligibility, and
(2) ending on the last day of the taxable year of such
individual in which such ineligibility ceases.
(d) Tax Treatment of Matching Funds.--Any amount withdrawn from a
parallel account shall not be includible in an eligible individual's
gross income.
(e) Withdrawal Liability Rests Only With Eligible Individuals.--
Nothing in this title may be construed to impose liability on a
qualified financial institution, a qualified nonprofit organization, or
an Indian tribe for non-compliance with the requirements of this title
related to withdrawals from Individual Development Accounts.
SEC. 307. CERTIFICATION AND TERMINATION OF QUALIFIED INDIVIDUAL
DEVELOPMENT ACCOUNT PROGRAMS.
(a) Certification Procedures.--Upon establishing a qualified
individual development account program under section 303, a qualified
financial institution, a qualified nonprofit organization, or an Indian
tribe shall certify to the Secretary on forms prescribed by the
Secretary and accompanied by any documentation required by the
Secretary, that--
(1) the accounts described in subparagraphs (A) and (B) of
section 303(b)(1) are operating pursuant to all the provisions
of this title; and
(2) the qualified financial institution, qualified
nonprofit organization, or Indian tribe agrees to implement an
information system necessary to monitor the cost and outcomes
of the qualified individual development account program.
(b) Authority To Terminate Qualified IDA Program.--If the Secretary
determines that a qualified financial institution, a qualified
nonprofit organization, or an Indian tribe under this title is not
operating a qualified individual development account program in
accordance with the requirements of this title (and has not implemented
any corrective recommendations directed by the Secretary), the
Secretary shall terminate such institution's, nonprofit organization's,
or Indian tribe's authority to conduct the program. If the Secretary is
unable to identify a qualified financial institution, a qualified
nonprofit organization, or an Indian tribe to assume the authority to
conduct such program, then any funds in a parallel account established
for the benefit of any individual under such program shall be deposited
into the Individual Development Account of such individual as of the
first day of such termination.
SEC. 308. REPORTING, MONITORING, AND EVALUATION.
(a) Responsibilities of Qualified Financial Institutions, Qualified
Nonprofit Organizations, and Indian Tribes.--Each qualified financial
institution, qualified nonprofit organization, or Indian tribe that
operates a qualified individual development account program under
section 303 shall report annually to the Secretary within 90 days after
the end of each calendar year on--
(1) the number of eligible individuals making contributions
into Individual Development Accounts;
(2) the amounts contributed into Individual Development
Accounts and deposited into parallel accounts for matching
funds;
(3) the amounts withdrawn from Individual Development
Accounts and parallel accounts, and the purposes for which such
amounts were withdrawn;
(4) the balances remaining in Individual Development
Accounts and parallel accounts; and
(5) such other information needed to help the Secretary
monitor the cost and outcomes of the qualified individual
development account program (provided in a non-individually-
identifiable manner).
(b) Responsibilities of the Secretary.--
(1) Monitoring protocol.--Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
develop and implement a protocol and process to monitor the
cost and outcomes of the qualified individual development
1d38
account programs established under section 303.
(2) Annual reports.--In each year after the date of the
enactment of this Act, the Secretary shall submit a progress
report to Congress on the status of such qualified individual
development account programs. Such report shall include from a
representative sample of qualified individual development
account programs information on--
(A) the characteristics of participants, including
age, gender, race or ethnicity, marital status, number
of children, employment status, and monthly income;
(B) deposits, withdrawals, balances, uses of
Individual Development Accounts, and participant
characteristics;
(C) the characteristics of qualified individual
development account programs, including match rate,
economic education requirements, permissible uses of
accounts, staffing of programs in full time employees,
and the total costs of programs; and
(D) information on program implementation and
administration, especially on problems encountered and
how problems were solved.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $1,000,000
for fiscal year 2002 and for each fiscal year through 2008, for the
purposes of implementing this title, including the reporting,
monitoring, and evaluation required under section 308, to remain
available until expended.
SEC. 310. ACCOUNT FUNDS DISREGARDED FOR PURPOSES OF CERTAIN MEANS-
TESTED FEDERAL PROGRAMS.
Notwithstanding any other provision of Federal law that requires
consideration of 1 or more financial circumstances of an individual,
for the purposes 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, an amount equal to
the sum of--
(1) all amounts (including earnings thereon) in any
Individual Development Account; plus
(2) the matching deposits made on behalf of such individual
(including earnings thereon) in any parallel account,
shall be disregarded for such purposes.
SEC. 311. MATCHING FUNDS FOR INDIVIDUAL DEVELOPMENT ACCOUNTS PROVIDED
THROUGH A TAX CREDIT FOR QUALIFIED FINANCIAL
INSTITUTIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30A the following new section:
``SEC. 30B. INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT CREDIT FOR
QUALIFIED FINANCIAL INSTITUTIONS.
``(a) Determination of Amount.--There shall be allowed as a credit
against the applicable tax for the taxable year an amount equal to the
individual development account investment provided by an eligible
entity during the taxable year under an individual development account
program established under section 303 of the Community Solutions Act of
2001.
``(b) Applicable Tax.--For the purposes of this section, the term
`applicable tax' means the excess (if any) of--
``(1) the tax imposed under this chapter (other than the
taxes imposed under the provisions described in subparagraphs
(C) through (Q) of section 26(b)(2)), over
``(2) the credits allowable under subpart B (other than
this section) and subpart D of this part.
``(c) Individual Development Account Investment.--
``(1) In general.--For purposes of this section, the term
`individual development account investment' means, with respect
to an individual development account program of a qualified
financial institution in any taxable year, an amount equal to
the sum of--
``(A) the aggregate amount of dollar-for-dollar
matches under such program under section 305(b)(1)(A)
of the Community Solutions Act of 2001 for such taxable
year, plus
``(B) an amount equal to the sum of--
``(i) with respect to each Individual
Development Account opened during such taxable
year, $100, plus
``(ii) with respect to each Individual
Development Account maintained during such
taxable year, $30.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2002, each dollar amount referred to in
paragraph (1)(B) 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 in which the taxable year begins,
by substituting `2001' for `1992'.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5, such amount
shall be rounded to the nearest multiple of $5.
``(d) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a qualified financial institution, or 1 or more
contractual affiliates of such an institution as defined by the
Secretary in regulations.
``(e) Other Definitions.--For purposes of this section, any term
used in this section and also in the Community Solutions Act shall have
the meaning given such term by such Act.
``(f) Denial of Double Benefit.--No deduction or credit (other than
under this section) shall be allowed under this chapter with respect to
any expense which is taken into account under subsection (c)(1)(A) in
determining the credit under this section.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section (notwithstanding any termination date described in subsection
(h)) in cases where there is a forfeiture under section 306(b) of the
Community Solutions Act of 2001 in a subsequent taxable year of any
amount which was taken into account in determining the amount of such
credit.
``(h) Application of Section.--This section shall apply to any
expenditure made in any taxable year beginning after December 31, 2001,
and before January 1, 2009, with respect to any Individual Development
Account opened before January 1, 2007.''.
(b) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 30A the following new item:
``Sec. 30B. Individual development account investment credit for
qualified financial institutions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
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