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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5738 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5738

 To amend the Social Security Act, the Food and Nutrition Act of 2008, 
 and the Low-Income Home Energy Assistance Act of 1981 to require that 
the value of child's savings accounts be disregarded for the purpose of 
 determining eligibility to receive benefits under such Acts; and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2018

  Mr. Cartwright (for himself, Mr. Dent, Ms. Clarke of New York, Mr. 
Grijalva, Mr. Hastings, Ms. Norton, Mr. Smith of Washington, Ms. Titus, 
 and Ms. Tsongas) introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committees on 
Agriculture, Energy and Commerce, and Education and the Workforce, 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 amend the Social Security Act, the Food and Nutrition Act of 2008, 
 and the Low-Income Home Energy Assistance Act of 1981 to require that 
the value of child's savings accounts be disregarded for the purpose of 
 determining eligibility to receive benefits under such Acts; and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Savings Accounts Offer 
Parents Plenty Of Reasons To Understand and Invest in Tuition Yearly 
Act'' or the ``CSA OPPORTUNITY Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Child's savings account.--The term ``child's savings 
        account'' means a trust created or organized exclusively for 
        the purpose of paying the qualified expenses of only an 
        individual who, when the trust is created or organized, has not 
        attained 18 years of age, if the written governing instrument 
        creating the trust contains the following requirements:
                    (A) The trustee is a federally insured financial 
                institution, or a State insured financial institution 
                if a federally insured financial institution is not 
                available.
                    (B) The assets of the trust will be invested in 
                accordance with the direction of the individual or of a 
                parent or guardian of the individual, after 
                consultation with the entity providing the initial 
                contribution to the trust or, if applicable, a matching 
                or other contribution for the individual.
                    (C) The assets of the trust will not be commingled 
                with other property except in a common trust fund or 
                common investment fund.
                    (D) Any amount in the trust that is attributable to 
                an account seed or matched deposit may be paid or 
                distributed from the trust only for the purpose of 
                paying qualified expenses of the individual.
            (2) Qualified expenses.--The term ``qualified expenses'' 
        means, with respect to an individual, expenses that--
                    (A) are incurred after the individual receives a 
                secondary school diploma or its recognized equivalent; 
                and
                    (B) are--
                            (i) postsecondary educational expenses (as 
                        defined in section 529 of the Internal Revenue 
                        Code of 1986) of the individual;
                            (ii) for the purchase of a first home by 
                        the individual; or
                            (iii) for the capitalization of a business 
                        owned by the individual.

             TITLE I--AMENDMENTS TO THE SOCIAL SECURITY ACT

SEC. 101. INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED TUITION 
              PROGRAM REQUIRED TO BE DISREGARDED UNDER THE TANF 
              PROGRAM.

    (a) In General.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(13) Requirement to disregard interest in, and 
        distribution from, a qualified tuition program.--A State to 
        which a grant is made under section 403 shall disregard the 
        value of any interest in, or distribution from, a qualified 
        tuition program (as defined in section 529(b) of the Internal 
        Revenue Code of 1986), in determining the eligibility of, and 
        the amount or type of assistance to be provided to an 
        individual or family under the State program funded under this 
        part.''.
    (b) Penalty for Noncompliance.--
            (1) In general.--Section 409(a) of such Act (42 U.S.C. 
        609(a)) is amended by adding at the end the following:
            ``(17) Penalty for failure to disregard interest in, or 
        distribution from, a qualified tuition program.--
                    ``(A) In general.--If the Secretary finds that a 
                State to which a grant is made under section 403 for a 
                fiscal year has failed to comply with section 
                408(a)(13) during the fiscal year, the Secretary shall 
                reduce the grant otherwise payable to the State under 
                section 403(a)(1) for the succeeding fiscal year by the 
                percentage specified in subparagraph (B) of this 
                paragraph.
                    ``(B) Amount of reduction.--The reduction required 
                under subparagraph (A) shall be--
                            ``(i) not less than 1 nor more than 2 
                        percent;
                            ``(ii) not less than 2 nor more than 3 
                        percent, if the finding is the second 
                        consecutive finding made pursuant to 
                        subparagraph (A); or
                            ``(iii) not less than 3 nor more than 5 
                        percent, if the finding is the third or a 
                        subsequent consecutive such finding.''.
            (2) No exception for reasonable cause.--Section 409(b)(2) 
        of such Act (42 U.S.C. 609(b)(2)) is amended by striking ``or 
        (13)'' and inserting ``(13), or (17)''.

SEC. 102. EXCLUSION OF INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED 
              TUITION PROGRAM FROM RESOURCES UNDER THE SSI PROGRAM.

    Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (17) the following:
            ``(18) the value of any interest in, or distribution from, 
        a qualified tuition program (as defined in section 529(b) of 
        the Internal Revenue Code of 1986).''.

SEC. 103. CHILD'S SAVINGS ACCOUNT REQUIRED TO BE DISREGARDED UNDER THE 
              TANF PROGRAM.

    (a) In General.--Section 408(a)(13) of the Social Security Act (42 
U.S.C. 608(a)), as added by section 101(a) of this Act, is amended--
            (1) in the heading, by inserting ``, and value of a child's 
        savings account'' after ``program''; and
            (2) by inserting after ``1986)'' the following: ``and the 
        value of any child's savings account (as defined in section 2 
        of the CSA OPPORTUNITY Act)''.
    (b) Penalty for Noncompliance.--Section 409(a)(17) of such Act (42 
U.S.C. 609(a)(17)), as added by section 101(b)(1) of this Act, is 
amended in the paragraph heading, by inserting ``or value of a child's 
savings account'' after ``program''.

SEC. 104. EXCLUSION OF CHILD'S SAVINGS ACCOUNT FROM RESOURCES UNDER THE 
              SSI PROGRAM.

    (a) In General.--Section 1613(a) of the Social Security Act (42 
U.S.C. 1382b(a)), as amended by section 102 of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (17);
            (2) by striking the period at the end of paragraph (18) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (18) the following:
            ``(19) any child's savings account (as defined in section 2 
        of the CSA OPPORTUNITY Act), including accrued interest or 
        other earnings thereon.''.
    (b) Conforming Amendment.--Section 1613(e)(5) of such Act (42 
U.S.C. 1382b(e)(5)) is amended by inserting ``of this Act or section 2 
of the CSA OPPORTUNITY Act'' before the period.

       TITLE II--AMENDMENT TO THE FOOD AND NUTRITION ACT OF 2008

SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM RESOURCES UNDER 
              THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

    Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2014(g)) is amended by adding at the end the following:
            ``(9) Exclusion of child's savings accounts from allowable 
        financial resources.--
                    ``(A) Exclusion.--The Secretary shall exclude from 
                financial resources under this subsection the value of 
                funds in any child's savings account.
                    ``(B) Child's savings account.--For purposes of 
                subparagraph (A), the term `child's savings account' 
                has the meaning given such term in section 2 of the CSA 
                OPPORTUNITY Act.''.

 TITLE III--AMENDMENT TO LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981

SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM CERTAIN 
              CALCULATIONS UNDER THE LOW-INCOME HOME ENERGY ASSISTANCE 
              PROGRAM.

    Section 2605(f) of the Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8624(f)) is amended by adding at the end the following:
    ``(3) Exclusion of Child's Savings Accounts From Calculation.--
            ``(A) Exclusion.--The determination of the income or assets 
        of a household for purposes of eligibility under this section 
        shall be made without regard to the value of funds in any 
        child's savings account.
            ``(B) Child's savings account.--For purposes of 
        subparagraph (A), the term `child's savings account' has the 
        meaning given such term in section 2 of the CSA OPPORTUNITY 
        Act.''.
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