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108th CONGRESS
1st Session
H. R. 3177
To amend the Social Security Act and the Internal Revenue Code of 1986
to preserve and strengthen the Social Security Program through the
creation of individual Social Security accounts ensuring full benefits
for all workers and their families, giving Americans ownership of their
retirement, restoring long-term Social Security solvency, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2003
Mr. DeMint introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Social Security Act and the Internal Revenue Code of 1986
to preserve and strengthen the Social Security Program through the
creation of individual Social Security accounts ensuring full benefits
for all workers and their families, giving Americans ownership of their
retirement, restoring long-term Social Security solvency, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Savings Act of 2003''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Individual social security account program and individual
social security accounts.
``Part B--Individual Social Security Account Program
``Sec. 251. Definitions.
``Sec. 252. Personal Savings Board.
``Sec. 253. Executive Director.
``Sec. 254. Social Security Personal Savings Fund.
``Sec. 255. Eligible individuals.
``Sec. 256. Individual social security accounts.
``Sec. 257. Prescribed social security deposits.
``Sec. 258. Investments in stock and Government obligations.
``Sec. 259. Accounting and information.
``Sec. 260. Account distributions.
``Sec. 261. Payments upon death of account owner.
``Sec. 262. Treatment of account balances and annuities.
``Sec. 263. Fiduciary responsibilities.
Sec. 4. Conforming adjustments to monthly insurance benefits.
Sec. 5. Maintenance of adequate balances in the Social Security Trust
Funds.
Sec. 6. Taxation of Individual Social Security Account Program.
Sec. 7. Report on private sector investment and management.
Sec. 8. Maintenance of current levels of FICA and SECA taxes.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Social Security is a defining American promise that
must be kept. As one of the most successful Government programs
of the 20th Century, it must always honor its founding purpose
of protecting the elderly from poverty and bringing dignity to
retirement.
(2) Social Security's retirement, survivors, and disability
benefits help provide more than 46,000,000 Americans of all
ages income security, without which nearly 50 percent of
seniors would live in poverty.
(3) Social Security is of particular importance for low-
income earners, for whom it may be their sole source of
retirement income. In addition, it is especially important for
widows and mothers caring for children, without which nearly 53
percent of these women would live in poverty.
(4) Social Security is unsustainable in its present form.
The 2003 Report of the Social Security Board of Trustees
projects that the system's obligations will exceed its annual
tax revenue starting in 2018. From 2018 to 2042, the Government
is obligated to pay full benefits using general tax revenues
owed to the Social Security trust funds. However, this means
that the long-term financing problem will begin in 2018.
(5) The Social Security trust funds will not solve the
problem. These trust fund balances are available to finance
future benefit payments only in a bookkeeping sense. They do
not consist of real economic assets that can be drawn down in
the future to fund benefits. Instead, they are claims on the
general budget that, when redeemed, will have to be financed by
raising taxes, borrowing from the public, cutting spending, or
reducing benefits. The existence of large trust fund balances
does not, by itself, have any impact on the Government's
ability to pay benefits.
(6) Faster economic growth will not solve the problem.
Under the Board of Trustees' 2003 Report, Social Security's
yearly deficits will increase significantly every year. By
2038, Social Security will require more than 1 trillion a year
in addition to the money raised through payroll taxes. By 2078,
the annual Social Security deficit will be as large as the
national debt in 2003. Even worse, these deficits will stretch
far beyond the 75-year budget window with no sign of returning
to balance. No amount of economic growth can overcome these
substantial yearly deficits.
(7) The primary reason for this financial shortfall is
demographic. In 1960 there were more than five workers paying
into Social Security for every individual collecting benefits.
Today, demographic changes have reduced the worker-to-
beneficiary ratio to 3.4 to 1. By 2050, it will be just 2 to 1.
(8) If reforms are not made, younger workers will receive
lower benefits for every dollar they pay into the current
system. The inflation-adjusted rate of return averaged more
than 25 percent annually for Social Security's first retirees
in the 1940s, but are estimated to average roughly 4 percent
for today's retirees, roughly 2 percent for ``baby boomers,''
and 1 percent for those who will be born 40 years from now.
Since these figures do not include the extra cost of meeting
Social Security's needs from 2018 to 2042, real rates of return
for younger workers will likely be even lower.
(9) If reforms are not made, Social Security payroll taxes
will have to be raised to balance the system over the next 75
years. When Social Security was first started, its tax was
never supposed to go higher than 6 percent. Today, it is over
12 percent and if something is not done, it will go over 18
percent. Americans pay far too much into Social Security for
what they receive to have their payroll taxes raised again.
(10) Inasmuch as payroll taxes already constitute the
single largest tax burden for most American families, payroll
tax increases will further harm low and middle income American
families and add to the burden on employers. This would
especially affect small businesses and harm job creation.
(11) If reforms are not made and payroll taxes are not
raised, Social Security benefits will have to be cut by 35
percent to balance the system over the next 75 years. Seniors
rely too heavily on Social Security for their retirement
security and it would be unfair to reduce their promised
benefits.
(12) Social Security is currently a Government-controlled,
Government-owned program that does not save a penny for
workers' retirement. Instead, it requires each generation to
support the generation that came before it. With demographic
changes, this structure passes on higher taxes, fewer benefits,
and lower rates of return to younger Americans.
(13) In its current form, Social Security hinders wealth
creation and accumulation. While Social Security does an
adequate job of providing some Americans a steady poverty level
income, it should also allow workers to build a nest egg that
they can use to improve their retirement income, provide
freedom and security in retirement, send grandchildren to
college, or leave wealth to the next generation. Americans
should have more to show for a lifetime of work than a small
monthly check.
(14) Social Security does not currently help the low-income
workers enough. The average monthly Social Security benefit
check hovers at the poverty level. Despite popular perceptions,
this means that in retirement the poor barely have enough money
to sustain themselves on a monthly basis, and nothing to leave
their children after their death.
(15) More than 50 percent of American households are
invested in the economy. However, low-income and working poor
individuals do not have access to the investment tools that
help the middle class prosper and succeed. Personal Social
Security savings accounts would allow even the poorest workers
to participate in a growing economy.
(16) Social Security is currently unfair to minorities. A
survey by the Federal Reserve Board of Governors shows that the
wealth gap between whites and African-Americans is growing,
despite the fact that the income gap between them is
decreasing. As a result, white households have five to ten
times as much wealth as black households. If this trend
continues, this lack of wealth will prevent African-Americans
from having the assets necessary to prosper and succeed,
prohibiting full participation in the American dream. Personal
savings accounts can provide a minimum level of investment that
will help the poor build capital and wealth.
(17) As a result of mortality differences, African
Americans receive nearly $21,000 less on a lifetime basis from
Social Security's retirement program than whites with similar
income and marital status. Because they are younger than the
general population, disproportionate numbers of Hispanic
Americans will enter retirement having received below the
market rates of return from the Social Security program.
(18) Social Security is currently unfair to women who do
not work for the required amount of time or would receive very
low benefits based on their own earnings. Many women who have
paid into Social Security over their working lives find that
their best option is to claim benefits on their husband's
contributions rather than on their own work history.
Consequently, they get no return on the money they paid into a
system. Personal savings accounts would allow women to build
wealth with their own money, which can be combined with their
husband's contributions for even larger benefit levels.
(19) Social Security's rigid benefit structure does not
provide hard-working Americans with the flexibility to plan and
shape their retirements to best suit their various lifestyles
and life expectancies.
(20) Social Security is creating a culture of dependency.
As the population ages, more and more Americans are becoming
dependent on the government for their retirement income. This
trend robs older Americans of their freedom, independence, and
dignity.
(21) Social Security does not currently offer Americans any
guarantee that they will receive their benefits. According to
the United States Supreme Court, Americans do not own their
Social Security benefits. In fact, the Court has said that
Congress has the right ``to alter, amend, or repeal any
provision'' of Social Security at any time. Americans have only
a tenuous promise that Congress can change at any time, by any
amount, and for any reason.
(22) Personal savings accounts would transform Social
Security from an IOU into real assets that individuals could
own and pass along to their children. Personal savings accounts
would enable Social Security to start saving real economic
assets for the first time, locking them away so they cannot be
spent on non-Social Security programs.
(23) Personal savings accounts would generate higher
returns on the payroll taxes currently paid into Social
Security, drastically reducing the financial shortfall in the
system and paving the way for a fully funded system that is
permanently self-sustaining.
(24) Personal savings accounts would correct Social
Security's inequities for the poor, minorities, and women by
offering everyone ownership, independence, and access to
wealth.
(b) Purposes.--The Congress finds that it must act to reform the
Social Security system so that--
(1) Social Security benefits are not changed for current
retirees and near-retirees;
(2) payroll taxes and other Social Security taxes are not
increased;
(3) Social Security surpluses are not used for other
programs;
(4) Social Security taxes are only used to benefit workers;
(5) the Government will not invest in the stock market;
(6) Social Security's disability and survivors components
are maintained;
(7) the current Social Security safety net is preserved and
strengthened through individually owned, voluntary personal
savings accounts;
(8) the current safety net is strengthened to give all
workers with a personal savings account the opportunity to
receive more than their currently promised benefits;
(9) low-income workers will be allowed to save a larger
portion of their payroll taxes than higher income workers,
helping many low-income Americans accumulate savings sufficient
to pay retirement income higher than the current system;
(10) younger workers are empowered with generous savings
that offer them the ability to completely own their retirement
benefits;
(11) the transition to a funded system is financed from the
general budget, which has taken money from Social Security for
years; and
(12) the long-term solvency of the system is guaranteed for
at least 75 years, and cash-flow deficits are completely
eliminated, making Social Security permanently self-sustaining.
SEC. 3. INDIVIDUAL SOCIAL SECURITY ACCOUNT PROGRAM AND INDIVIDUAL
SOCIAL SECURITY ACCOUNTS.
(a) In General.--Title II of the Social Security Act is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following new part:
``Part B--Individual Social Security Account Program
``definitions
``Sec. 251. For purposes of this part--
``(1) Eligible individual.--The term `eligible individual'
means an individual described in section 255(a) with respect to
whom an election filed under section 255(b) renouncing such
status has not been filed or has not taken effect, or with
respect to whom an election filed under section 255(c)
reinstating such status has taken effect.
``(2) Account owner.--The term `account owner' means an
eligible individual holding an individual social security
account.
``(3) Individual social security account.--The term
``individual social security account'' means an account
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