American Dream Accounts Act of 2026

#4026 | S Congress #119

Policy Area: Taxation
Subjects:

Last Action: Read twice and referred to the Committee on Finance. (3/9/2026)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4026 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4026

  To amend the Internal Revenue Code of 1986 to create American dream 
                               accounts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2026

  Mr. Scott of Florida introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to create American dream 
                               accounts.

    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 ``American Dream Accounts Act of 
2026''.

SEC. 2. AMERICAN DREAM ACCOUNTS.

    (a) In General.--Subchapter F of chapter 1 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new part:

                   ``PART X--AMERICAN DREAM ACCOUNTS

``Sec. 530B. American dream accounts.

``SEC. 530B. AMERICAN DREAM ACCOUNTS.

    ``(a) General Rule.--An American dream account shall be exempt from 
taxation under this subtitle. Notwithstanding the preceding sentence, 
such account shall be subject to the taxes imposed by section 511 
(relating to imposition of tax on unrelated business income of 
charitable organizations).
    ``(b) American Dream Account.--For purposes of this section--
            ``(1) In general.--The term `American dream account' means 
        a trust created or organized in the United States for the 
        exclusive benefit of an eligible individual and which is 
        designated (in such manner as the Secretary shall prescribe) at 
        the time of the establishment of the trust as an American dream 
        account, but only if the written governing instrument creating 
        the trust meets the following requirements:
                    ``(A) No contribution will be accepted--
                            ``(i) unless it is in cash,
                            ``(ii) after the date the beneficiary makes 
                        a qualified first-time homebuyer distribution 
                        or a rollover distribution described in clause 
                        (ii) or (iii) of subsection (d)(5)(A), and
                            ``(iii) except in the case of a rollover 
                        contribution, if such contribution would result 
                        in aggregate contributions to all American 
                        dream accounts of the beneficiary for the 
                        calendar year in excess of the amount 
                        determined under subsection (c).
                    ``(B) The trustee is a bank (as defined in section 
                408(n)) or another person who demonstrates to the 
                satisfaction of the Secretary that the manner in which 
                that person will administer the trust will be 
                consistent with the requirements of this section or who 
                has so demonstrated with respect to any individual 
                retirement plan.
                    ``(C) No part of the trust funds will be invested 
                in life insurance contracts.
                    ``(D) The assets of the trust shall not be 
                commingled with other property except in a common trust 
                fund or common investment fund.
                    ``(E) The interest of an individual in the balance 
                of his account is nonforfeitable.
                    ``(F) The trustee requires the beneficiary to 
                annually attest, to the best of their knowledge, to any 
                contributions made to any other American dream account 
                established for the benefit of the same beneficiary.
            ``(2) Eligible individual.--The term `eligible individual' 
        means any individual who is a citizen of the United States.
    ``(c) Contribution Limitation.--
            ``(1) In general.--The amount determined under this 
        subsection is the lesser of--
                    ``(A) $7,500, or
                    ``(B) $250,000, reduced by the aggregate amount of 
                contributions made to all American dream accounts of 
                the beneficiary for such taxable year and all prior 
                taxable years.
            ``(2) Catchup contributions.--In the case of an American 
        dream account the beneficiary of which has attained the age of 
        35 before the close of the calendar year, paragraph (1)(A) 
        shall be applied by substituting `$10,000' for `$7,500'.
            ``(3) Treatment of rollover contributions.--For purposes of 
        this subsection--
                    ``(A) any rollover contribution described in 
                subsection (d)(5) shall not be taken into account for 
                purposes of determining the amount of contribution 
                under paragraph (1)(A), and
                    ``(B) a rollover contribution described in 
                subsection (d)(5)(A)(i) shall not be taken into account 
                for purposes of determining the amount under paragraph 
                (1)(B).
    ``(d) Tax Treatment of Distributions.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        distribution shall be includible in the gross income of the 
        distributee in the manner provided in section 72.
            ``(2) Qualified first-time homebuyer distributions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any amount paid or distributed out of 
                an American dream account which is a qualified first-
                time homebuyer distribution shall not be includible in 
                gross income.
                    ``(B) Qualified first-time homebuyer 
                distribution.--For purposes of this section, the term 
                `qualified first-time homebuyer distribution' has the 
                meaning given such term under section 72(t)(8), 
                determined without regard to subparagraph (B) thereof 
                and by substituting `3-year period' for `2-year period' 
                in subparagraph (D)(i)(I) thereof.
                    ``(C) Limitations.--
                            ``(i) Dollar limitation.--
                                    ``(I) In general.--The amount 
                                treated as a qualified first-time 
                                homebuyer distribution under 
                                subparagraph (A) shall not exceed 
                                $500,000.
                                    ``(II) Special rule.--In any case 
                                in which there is a distribution with 
                                respect to a residence which is 
                                acquired by the beneficiary and another 
                                person jointly and such other person 
                                makes distributions from an American 
                                dream account in connection with such 
                                acquisition, subclause (I) shall be 
                                applied by substituting `$250,000' for 
                                `$500,000'.
                            ``(ii) Lifetime limitation.--No amount 
                        shall be treated as a qualified first-time 
                        homebuyer distribution if the beneficiary has 
                        previously made a qualified first-time home 
                        buyer distribution from an American dream 
                        account in any preceding year.
                    ``(D) Amount included in income in year sold before 
                3 years.--
                            ``(i) In general.--If the principal 
                        residence acquired by the taxpayer in a 
                        distribution described in subparagraph (A) is 
                        sold before the date that is 3 years after the 
                        date on which such principal residence was 
                        acquired, the amount which would have been 
                        included in gross income in the year of the 
                        distribution shall be included in gross income 
                        in the year in which such principal residence 
                        is sold.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to any sale if, during the period 
                        described in such clause, one of the following 
                        events occurs:
                                    ``(I) The death of the taxpayer or 
                                the spouse of the taxpayer.
                                    ``(II) A change in the legal 
                                marital status of the taxpayer.
                                    ``(III) A change in the number of 
                                the dependents of the taxpayer.
                                    ``(IV) The termination of the 
                                employment of the taxpayer or the 
                                taxpayer's spouse.
                                    ``(V) A change in the required 
                                location of employment (including in 
                                connection with Government orders 
                                received by the taxpayer, or the 
                                taxpayer's spouse) for qualified 
                                official extended duty service (as 
                                defined in section 36(f)(4)(E)) to a 
                                location of 50 or more miles from the 
                                previous location of employment.
            ``(3) Special rules for applying estate and gift taxes with 
        respect to account.--Rules similar to the rules of paragraphs 
        (2), (4), and (5) of section 529(c) shall apply for purposes of 
        this section.
            ``(4) Additional tax for distributions not used for 
        qualified expenses.--
                    ``(A) In general.--The tax imposed by this chapter 
                for any taxable year on any taxpayer who receives a 
                payment or distribution from an American dream account 
                which is includible in gross income shall be increased 
                by 10 percent of the amount which is so includible.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                if the payment or distribution is--
                            ``(i) made to the beneficiary (or to the 
                        estate of the beneficiary) on or after the 
                        death of the beneficiary, or
                            ``(ii) attributable to the beneficiary's 
                        being disabled (within the meaning of section 
                        72(m)(7)),
                    ``(C) Contributions returned before certain date.--
                Rules similar to the rules of section 530(d)(4)(C) 
                shall apply for purposes of this paragraph.
            ``(5) Rollover contributions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any amount paid or distributed from an American dream 
                account to the extent that the amount received is paid, 
                not later than the 60th day after the date of such 
                payment or distribution, into--
                            ``(i) another American dream account for 
                        the benefit of the same beneficiary,
                            ``(ii) another American dream account the 
                        beneficiary of which (referred to in this 
                        paragraph as a `transferee beneficiary') is a 
                        member of the family of the beneficiary of the 
                        American dream account with respect to which 
                        the distribution was made, or
                            ``(iii) a Roth IRA maintained for the 
                        benefit of the same beneficiary.
                    ``(B) Change in designated beneficiaries at 
                death.--In the case of the death of a beneficiary, a 
                change in the beneficiary of an American dream account 
                shall not be treated as a distribution for purposes of 
                paragraph (1) if the new beneficiary is a member of the 
                family of the old beneficiary. The preceding sentence 
                shall not apply to the extent of any amount in excess 
                of the dollar amount in effect under subsection 
                (c)(1)(B).
                    ``(C) Limitations on same-beneficiary rollovers.--
                Subparagraph (A)(i) shall not apply to any payment or 
                distribution if it applied to any prior payment or 
                distribution during the 12-month period ending on the 
                date of the payment or distribution.
                    ``(D) Dollar limitations.--
                            ``(i) Annual limitation for transfers to 
                        other beneficiaries.--Subparagraph (A)(ii) 
                        shall only apply to so much of any 
                        distribution--
                                    ``(I) which is paid in a direct 
                                trustee-to-trustee transfer, and
                                    ``(II) as does not exceed the 
                                amount applicable to the transferee 
                                beneficiary under subsection (c) for 
                                the taxable year (reduced by the amount 
                                of aggregate contributions made during 
                                the taxable year to all American dream 
                                accounts maintained for the benefit of 
                                the transferee beneficiary).
                            ``(ii) Annual limitation for roth iras.--
                        Subparagraph (A)(iii) shall only apply to so 
                        much of any distribution--
                                    ``(I) which is paid in a direct 
                                trustee-to-trustee transfer, and
                                    ``(II) as does not exceed the 
                                amount applicable to the beneficiary 
                                under section 408A(c)(2) for the 
                                taxable year (reduced by the amount of 
                                aggregate contributions made during the 
                                taxable year to all individual 
                                retirement plans maintained for the 
                                benefit of the beneficiary).
                            ``(iii) Lifetime account limitation.--
                        Clauses (ii) and (iii) of subparagraph (A) 
                        shall not apply to any payment or distribution 
                        made from an American dream account if the 
                        aggregate amount of payments or distributions 
                        made from such account during the taxable year 
                        and all prior taxable years to which such 
                        clauses applied (determined without regard to 
                        this subparagraph) exceeds $100,000.
                    ``(E) Member of family.--For purposes of this 
                paragraph, the term `member of the family' has the same 
                meaning given such term under section 529(e)(2).
            ``(6) Special rules for death and divorce.--Rules similar 
        to the rules of paragraphs (7) and (8) of section 220(f) shall 
        apply.
    ``(e) Tax Treatment of Accounts.--Rules similar to the rules of 
paragraphs (2) and (4) of section 408(e) shall apply to any American 
dream account.
    ``(f) Community Property Laws.--This section shall be applied 
without regard to any community property laws.
    ``(g) Custodial Accounts.--For purposes of this section, a 
custodial account shall be treated as a trust under this section if the 
assets of such account are held by a bank (as defined in section 
408(n)) or another person who demonstrates, to the satisfaction of the 
Secretary, that the manner in which he will administer the account will 
be consistent with the requirements of this section, and if the 
custodial account would, except for the fact that it is not a trust, 
constitute a trust which meets the requirements of subsection (b). For 
purposes of this title, in the case of a custodial account treated as a 
trust by reason of the preceding sentence, the custodian of such 
account shall be treated as the trustee thereof.
    ``(h) Reports.--
            ``(1) In general.--The trustee of an American dream account 
        shall make such reports regarding such account to the Secretary 
        and to the beneficiary with respect to contributions, 
        distributions, and such other matters as the Secretary may 
        require. 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.
            ``(2) Rollover distributions.--In the case of any 
        distribution described in subsection (d)(5)(D), the officer or 
        employee having control of the American dream account (or their 
        designee) shall provide a report to the trustee of the Roth IRA 
        or American dream account to which the distribution is made. 
        Such report shall be filed at such time and in such manner as 
        the Secretary may require and shall include information with 
        respect to the contributions, distributions, and earnings of 
        the American dream account as of the date of the distribution 
        described in subsection (d)(5)(D), together with such other 
        matters as the Secretary may require.''.
    (b) Tax on Excess Contributions.--
            (1) In general.--Section 4973(a) of the Internal Revenue 
        Code of 1986 is amended by striking ``or'' at the end of 
        paragraph (5), by inserting ``or'' at the end of paragraph (6), 
        and by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) an American dream account (as defined in section 
        530B),''.
            (2) Excess contribution.--Section 4973 of such Code is 
        amended by adding at the end the following new subsection:
    ``(i) Excess Contributions to American Dream Accounts.--For 
purposes of this section--
            ``(1) In general.--In the case of American dream accounts 
        (within the meaning of section 530B), the term `excess 
        contributions' means the sum of--
                    ``(A) the amount (if any) by which the amount 
                contributed for the taxable year to such accounts 
                exceeds the dollar amount in effect under section 
                530B(c) with respect to the beneficiary, and
                    ``(B) the amount determined under this subsection 
                for the preceding taxable year, reduced by the sum of--
                            ``(i) the distributions out of the accounts 
                        for the taxable year (other than rollover 
                        distributions), and
                            ``(ii) the excess (if any) of the maximum 
                        amount which may be contributed to the accounts 
                        for the taxable year over the amount 
                        contributed to the accounts for the taxable 
                        year.
            ``(2) Special rule.--For purposes of paragraph (1), the 
        following contributions shall not be taken into account:
                    ``(A) Any contribution which is distributed out of 
                an American dream account in a distribution to which 
                section 530B(d)(4)(C) applies.
                    ``(B) Any rollover contribution.''.
    (c) Tax on Prohibited Transactions.--Section 4975(e)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``or'' at the end 
of subparagraph (F), by striking the period at the end of subparagraph 
(G) and inserting ``, or'', and by adding at the end the following new 
subparagraph:
                    ``(H) an American dream account (as defined in 
                section 530B).''.
    (d) Failure To Provide Reports on American Dream Accounts.--
Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 
is amended by striking ``and'' at the end of subparagraph (F), by 
striking the period at the end of subparagraph (G) and inserting ``, 
and'', and by adding at the end the following new subparagraph:
                    ``(H) section 530B(h) (relating to American dream 
                accounts).''.
    (e) Rollovers to Roth IRAs.--Section 408A(e) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (B)(ii), by striking the period at the end of subparagraph 
(C) and inserting ``, and'', and by adding at the end the following new 
subparagraph:
                    ``(D) from an American dream account to the extent 
                provided in section 530B(d)(5)(A)(iii).''.
    (f) Clerical Amendment.--The table of parts for subchapter F of 
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new item:

                  ``PART X--American Dream Accounts''.

    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2026.
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