,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hagf ,,in ,,the ,,house ,,of ,,representatives ,september #d1 #bjbj ,mr4 ,meeks 7for himself and ,mr4 ,green of ,texas7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to establish qualified down payment savings programs4 #a4 ,short title ,this ,act may be cited as the ,american ,dream ,down ,payment ,act of #bjbj4 #b4 ,qualified down payment savings programs 7a7 ,in general ,part ,,viii of subchapter ,f of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #ebi;,a the following new section3 #ebi;,b4 ,qualified down payment savings programs 7a7 ,in general ,a qualified down payment savings program shall be exempt from taxation under this subtitle4 ,notwithstanding the preceding sentence1 such program shall be subject to the taxes imposed by section #eaa 7relating to imposition of tax on unrelated business income of charitable organizations74 7b7 ,qualified down payment savings program ,for purposes of this section-- 7#a7 ,in general ,the term qualified down payment savings program means a program established and maintained by a ,state or agency or instrumentality thereof-- 7,a7 under which a person may make contributions to a qualified down payment savings account which is established for the purpose of meeting qualified down payment expenses of the designated beneficiary of the account1 and 7,b7 which meets the other requirements of this subsection4 7#b7 ,cash contributions 7,a7 ,in general ,a program shall not be treated as a qualified down payment savings program unless it provides that no contribution will be accepted-- 7i7 unless it is in cash1 and 7ii7 except in the case of contributions under subsection 7c77#c77;,c71 if such contribution to a qualified down payment savings account would result in the balance of such account exceeding #ajb1jhj4 7,b7 ,inflation adjustment 7i7 ,in general ,in the case of any calendar year beginning after #bjbj1 the #ajb1jhj amount in subparagraph 7,a77ii7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under clause 7ii74 7ii7 ,cost-of-living adjustment ,for purposes of clause 7i71 the cost-of-living adjustment for any calendar year is the percentage 7if any7 by which-- 7,i7 the ,,cpi for the preceding calendar year1 exceeds 7,,ii7 the ,,cpi for calendar year #bjai4 ,for purposes of this clause1 the ,,cpi for any calendar year shall be determined in the same manner as it is determined under section #a7;f77#d74 7iii7 ,rounding ,if any increase determined under clause 7i7 is not a multiple of #aj1 such increase shall be rounded to the nearest multiple of #aj4 7#c7 ,separate accounting ,a program shall not be treated as a qualified down payment savings program unless it provides separate accounting for each designated beneficiary4 7#d7 ,investment direction ,a program shall not be treated as a qualified down payment savings program unless it provides that-- 7,a7 except as provided in subparagraph 7,b71 any contributor to1 or designated beneficiary under1 such program may1 directly or indirectly1 direct the investment of any contributions to the program 7or any earnings thereon7 no more than #b times in any calendar year and subject to the regulations established pursuant to this section1 and 7,b7 in the event that an account's holdings meet the value established under paragraph 7#b77;,b71 the account funds will be transferred to investments in ,united ,states ,treasury securities4 7#e7 ,no pledging of interest as a security ,a program shall not be treated as a qualified down payment savings program if it allows any interest in the program or any portion thereof to be used as security for a loan4 7#f7 ,compliance with regulations ,a program shall not be treated as a qualified down payment savings program unless it complies with all regulations issued pursuant to subsection 7f74 7c7 ,tax treatment of designated beneficiaries and contributors 7#a7 ,in general ,except as otherwise provided in this subsection1 no amount shall be includible in gross income of-- 7,a7 a designated beneficiary under a qualified down payment savings program1 or 7,b7 a contributor to such program on behalf of a designated beneficiary1 with respect to any distribution or earnings under such program4 7#b7 ,gift tax treatment of contributions ,for purposes of chapters #ab and #ac-- 7,a7 ,in general ,any contribution to a qualified down payment savings program on behalf of any designated beneficiary shall be treated as a completed gift to such beneficiary which is not a future interest in property4 7,b7 ,treatment of excess contributions ,if the aggregate amount of contributions described in subparagraph 7,a7 during the calendar year by a donor exceeds the limitation for such year under section #bejc7;b71 such aggregate amount shall1 at the election of the donor1 be taken into account for purposes of such section ratably over the #e-year period beginning with such calendar year4 7#c7 ,distributions 7,a7 ,in general ,any distribution under a qualified down payment savings program shall be includible in the gross income of the distributee in the manner as provided under section #gb to the extent not excluded from gross income under any other provision of this chapter4 7,b7 ,distributions for qualified down payment expenses ,for purposes of this paragraph1 if distributions from a qualified down payment savings program-- 7i7 do not exceed the qualified down payment expenses1 no amount shall be includible in gross income1 and 7ii7 in any other case1 the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions4 7,c7 ,rollovers 7i7 ,in general ,subparagraph 7,a7 shall not apply to that portion of any distribution which1 within #fj days of such distribution1 is transferred to another qualified down payment savings account for the benefit of the designated beneficiary4 7ii7 ,limitation on certain rollovers ,clause 7i7 shall not apply to any transfer if such transfer occurs within #ab months from the date of a previous transfer to any qualified down payment savings account for the benefit of the designated beneficiary4 7#d7 ,estate tax treatment 7,a7 ,in general ,no amount shall be includible in the gross estate of any individual for purposes of chapter #aa by reason of an interest in a qualified down payment savings program4 7,b7 ,amounts includible in estate of designated beneficiary in certain cases ,subparagraph 7,a7 shall not apply to amounts distributed on account of the death of a beneficiary4 7,c7 ,amounts includible in estate of donor making excess contributions ,in the case of a donor who makes the election described in paragraph 7#b77;,b7 and who dies before the close of the #e-year period referred to in such paragraph1 notwithstanding subparagraph 7,a71 the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor4 7#e7 ,other gift tax rules ,for purposes of chapters #ab and #ac1 in no event shall a distribution from a qualified down payment savings account be treated as a taxable gift4 7#f7 ,additional tax 7,a7 ,in general ,the tax imposed by this chapter for any taxable year on any taxpayer who receives a distribution from a qualified down payment savings program which is includible in gross income shall be increased by #aj percent of the amount which is so includible4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply if the payment or distribution is-- 7i7 made to a beneficiary 7or to the estate of the designated beneficiary7 on or after the death of the designated beneficiary1 or 7ii7 attributable to the designated beneficiary's being disabled 7within the meaning of section #gb7m77#g774 7,c7 ,contributions returned before certain date ,subparagraph 7,a7 shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if-- 7i7 such distribution is received on or before the day prescribed by law 7including extensions of time7 for filing such designated beneficiary's return for such taxable year1 and 7ii7 such distribution is accompanied by the amount of net income attributable to such excess contribution4 7d7 ,reports ,each officer or employee having control of the qualified down payment savings program or their designee shall make such reports regarding such program to the ,secretary and to designated beneficiaries with respect to contributions1 distributions1 and such other matters as the ,secretary may require4 ,the reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the ,secretary4 7e7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,designated beneficiary ,the term designated beneficiary means the individual designated at the commencement of participation in the qualified down payment savings program as the beneficiary of amounts paid 7or to be paid7 to the program4 7#b7 ,qualified down payment expenses ,the term qualified down payment expenses means amounts 7including closing costs7 paid or incurred to purchase a principal residence 7within the meaning of section #aba74 7#c7 ,qualified down payment savings account ,the term qualified down payment savings account means an account maintained under a qualified down payment savings program4 7f7 ,regulations ,notwithstanding any other provision of this section1 the ,secretary1 in consultation with the ,chairman of the ,securities and ,exchange ,commission1 shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes4 ,such regulations shall include-- 7#a7 impermissible investments for qualified down payment savings programs2 7#b7 permissible fees1 including the maximum amount of overall fees and commissions1 that may be charged in association with a qualified down payment savings program account2 and 7#c7 minimum required disclosures to account beneficiaries1 including disclosures related to any possible losses that could be incurred in a qualified down payment savings account4 4 7b7 ,tax on excess contributions 7#a7 ,in general ,subsection 7a7 of section #digc of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of paragraph 7#e71 by inserting or at the end of paragraph 7#f71 and by inserting after paragraph 7#f7 the following new paragraph3 7#g7 a qualified down payment savings account 7within the meaning of section #ebi;,b71 4 7#b7 ,excess contribution ,section #digc of such ,code is amended by adding at the end the following new subsection3 7i7 ,excess contributions to qualified down payment savings accounts ,for purposes of this section-- 7#a7 ,in general ,in the case of a qualified down payment savings account 7within the meaning of section #ebi;,b71 the term excess contributions means the amount by which the amount contributed for the taxable year to such account 7other than contributions under section #ebi;,b7c77#c77;,c77 exceeds the contribution limit under section #ebi;,b7b77#b77;,b74 7#b7 ,special rule ,for purposes of this subsection1 any contribution which is distributed out of the qualified down payment savings account in a distribution to which section #ebi;,b7c77#f77;,c7 applies shall be treated as an amount not contributed4 4 7c7 ,penalty for failure ,to file reports ,section #ffic7;a77#b7 is amended by striking and at the end of subparagraph 7,e71 by redesignating subparagraph 7,f7 as subparagraph 7,g71 and by inserting after subparagraph 7,e7 the following3 7,e7 section #ebi;,b7d7 7relating to qualified down payment savings programs71 and 4 7d7 ,other conforming amendments 7#a7 ,section #bf7;b77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of subparagraph 7,x71 by striking the period at the end of subparagraph 7,y7 and inserting 1 and1 and by inserting after subparagraph 7,y7 the following3 7,z7 section #ebi;,b7c77#f7 7relating to additional tax on qualified down payment savings program distributions not used for qualified down payment expenses74 4 7#b7 ,section #hgg;,a of such ,code is amended-- 7,a7 in subsection 7e77#b7 by inserting a qualified down payment savings program 7as defined in section #ebi;,b71 after a qualified ,,able program 7as defined in section #ebi;,a711 and 7,b7 in subsection 7g77#f7 by inserting #ebi;,b7c77#f71 after #ebi;,a7c77#c714 7#c7 ,section #dife7;c7 of such ,code is amended by striking or at the end of paragraph 7#g71 by striking the period at the end of paragraph 7#h7 and inserting 1 or1 and by inserting after paragraph 7#h7 the following new paragraph3 7#i7 a program described in section #ebi;,b4 4 7#d7 ,the table of sections for part ,,viii of subchapter ,f of chapter #a of such ,code is amended by inserting after the item relating to section #ebi;,a the following new item3 ,sec4 #ebi;,b4 ,qualified down payment savings programs4 4 7e7 ,reports on down payment savings programs ,beginning on that date that is #ab months after the regulations established pursuant to section #ebi;,b7f7 are finalized1 and every two years thereafter1 the ,secretary of the ,treasury 7or the ,secretary's delegate71 in coordination with the ,chairman of the ,securities and ,exchange ,commission and the ,states offering qualified down payment savings programs1 shall issue a public report detailing the following3 7#a7 ,the number of ,states that have established qualified down payment savings programs4 7#b7 ,the number of down payment savings program accounts in existence during the time specified in the report and the number of such accounts that have been established over the life of the program4 7#c7 ,the age distribution of down payment savings account beneficiaries4 7#d7 ,the percentage of qualified down payment savings account beneficiaries that would be first-time homebuyers4 7#e7 ,a summary of the account balances held in qualified down payment savings program accounts4 7#f7 ,the race and gender distribution of qualified down payment savings program account designated beneficiaries4 7#g7 ,the income distribution of the designated beneficiaries of qualified down payment savings program accounts4 7#h7 ,the number of down payment savings program distributions that have been made since the previous report4 7#i7 ,such other information as the ,secretary 7or the ,secretary's designee7 shall determine is required to assess whether qualified down payment savings accounts have contributed to facilitating access to affordable homeownership1 including first-time homeownership1 particularly among young people1 low- and moderate-income people1 and people from communities with historically low rates of homeownership4 7f7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 7#b7 ,regulations ,the ,secretary of the ,treasury 7or the ,secretary's designee7 shall promulgate the regulations or other guidance required under section #ebi;,b7f7 of the ,internal ,revenue ,code of #aihf1 as added by subsection 7a71 not later than #f months after the date of the enactment of this ,act4