H.R. 4365 (112th): To amend title 5, United States Code, to make clear that accounts in the Thrift Savings Fund are subject to certain Federal tax levies.

Introduced:
Apr 17, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Ann Marie Buerkle [R-NY25]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-267.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


1/1/2013--Passed Senate without amendment. (This measure has not been amended since it was reported to the House on July 30, 2012. The summary of that version is repeated here.) Amends the Internal Revenue Code to make Thrift Savings Fund accounts subject to a federal tax levy. Requires any revenue gain attributable to the enacment of this Act to be deposited in the general fund of the Treasury and used solely for deficit reduction.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr4365.

Background

According to the sponsor’s office, the bill would treat Federal employees the same as private sector employees, whose 401K and similar retirement accounts are subject to IRS levy.

“Under present U.S. code, TSP accounts are not listed in the Internal Revenue Code provisions identifying property that is exempt from tax.  In fact, the Thrift Board brought the matter to the Committee of Oversight and Government Reform’s attention mentioning that the authority for the IRS to impose a tax on an employee’s TSP account does not exist under current tax codes.  H.R. 4365 would amend the rule to include TSP accounts held by government employees.

“Simply put, this is about fairness; this bill will treat Federal employees the same as private sector employees, whose 401K accounts are subject to IRS levy.  At the end of 2010, 279,000 Federal employees owed $3.4 billion in Federal taxes.  According to the Joint Committee on Taxation enactment of this bill will provide $22 million in revenue from taxpayers with outstanding liabilities.  Failure to pay Federal taxes is a violation of the Government Code of Ethics, which prescribes that Federal employees ‘satisfy in good faith their obligations as good citizens, including all just financial obligations, especially those such as Federal, State or local taxes that are imposed by law.’

“It is time for the government to reform the current tax code and shoulder the same tax burden carried by the private sector.  As Americans we all need to pay our fair share in order to move towards a balanced budget and a more fiscally responsible approach to our economy.”

Summary

H.R. 4365 would amend the Internal Revenue Code to make Thrift Savings Fund accounts subject to federal tax levies used to collect unpaid federal taxes. 

Cost

The staff of the Joint Committee on Taxation (JCT) estimates that enacting H.R. 4365 would increase revenues by $24 million over the 2012-2022 period. The entire revenue increase would result from an increase in on-budget revenues, and thus pay-as-you-go procedures apply. Enacting the bill would not affect direct spending.

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. Enacting H.R. 4365 would result in revenue gains in each year from 2013 to 2022. The net reduction in the deficit is shown in the following table.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

  • Title 5: GOVERNMENT ORGANIZATION AND EMPLOYEES
  • Part III: EMPLOYEES
  • Subpart G: Insurance and Annuities
  • Chapter 84: FEDERAL EMPLOYEES’ RETIREMENT SYSTEM
  • Subchapter III: THRIFT SAVINGS PLAN
  • Section 8437: Thrift Savings Fund