I 

110TH CONGRESS 

2D SESSION H. R. 5797 

To amend title 5, United States Code, to provide for a qualified Roth 

contribution program under the Thrift Savings Plan. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2008 

Mrs. DRAKE introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to provide for a 

qualified Roth contribution program under the Thrift 

Savings Plan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Roth TSP Act of 

5 2008’’. 


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1 SEC. 2. REQUIREMENT THAT THRIFT SAVINGS PLAN IN2 CLUDE A QUALIFIED ROTH CONTRIBUTION 

3 PROGRAM. 

4 (a) IN GENERAL.—Subchapter III of chapter 84 of 

5 title 5, United States Code, is amended by inserting after 

6 section 8432c the following: 

7 ‘‘§ 8432d. Qualified Roth contribution program 

8 ‘‘(a) IN GENERAL.—The Executive Director, in con9 sultation with the Secretary of the Treasury, shall by reg10 ulation provide for the inclusion in the Thrift Savings Plan 

11 of a qualified Roth contribution program (hereinafter in 

12 this section referred to as the ‘Program’). 

13 ‘‘(b) QUALIFIED ROTH CONTRIBUTION PROGRAM.— 

14 For purposes of this section, the term ‘qualified Roth con15 tribution program’ means a program that satisfies the re16 quirements of paragraphs (1) and (2) of section 402A(b) 

17 of the Internal Revenue Code of 1986. 

18 ‘‘(c) REQUIRED PROVISIONS.—The regulations shall 

19 include— 

20 ‘‘(1) provisions under which an election to make 

21 designated Roth contributions may be made— 

22 ‘‘(A) by any individual who is eligible to 

23 make contributions under section 8351, 

24 8432(a), 8440a, 8440b, 8440c, 8440d, or 

25 8440e; and 


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1 ‘‘(B) by any individual not described in 

2 subparagraph (A) who is otherwise eligible to 

3 make elective deferrals under the Thrift Sav4 ings Plan, as identified under such regulations; 

5 and 

6 ‘‘(2) such other provisions as may be necessary 

7 to carry out this section. 

8 ‘‘(d) RETURNS AND REPORTS.—The Executive Di9 rector shall, with respect to designated Roth contributions 

10 under the Program, make such returns and reports as the 

11 Secretary of the Treasury may prescribe under section 

12 6047(f) of the Internal Revenue Code of 1986. 

13 ‘‘(e) DEFINITIONS.—For purposes of this section, the 

14 terms ‘designated Roth contribution’ and ‘elective defer15 ral’ have the respective meanings given such terms in sec16 tion 402A of the Internal Revenue Code of 1986.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) ACCOUNTING AND INFORMATION.—Section 

19 8439(a) of title 5, United States Code, is amended 

20 by adding at the end the following: 

21 ‘‘(4) Pursuant to regulations prescribed by the Exec22 utive Director, this section shall be carried out in a man23 ner consistent with section 8432d of this title and section 

24 402A of the Internal Revenue Code of 1986, including by 


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1 making any modifications to the definition of an ‘account’ 

2 under this subsection which may be necessary.’’. 

3 (2) CLERICAL AMENDMENT.—The analysis for 

4 chapter 84 of title 5, United States Code, is amend5 ed by inserting after the item relating to section 

6 8432c the following: 

‘‘8432d. Qualified Roth contribution program.’’. 

Æ 


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