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United States · Proposed Legislation

America First Retirement Act

An Act to establish the National Retirement Security System — personal, portable, individually owned retirement accounts — replacing Social Security for participating cohorts.

Title I

Establishment and Eligibility

Section 101 · Establishment

The National Retirement Security System is hereby established under the America First Retirement Act to provide personal, portable retirement accounts for United States citizens, replacing Social Security for participating cohorts.

Section 102 · Eligibility and Participation

(a)Citizenship requirement

Only United States citizens may participate in the National Retirement Security System.

(b)Citizens from birth

Citizens from birth shall receive:

(c)Naturalized citizens

(d)Non-citizens

Non-citizens, regardless of immigration status, length of residence, or tax-paying history:

(e)Legal immigrants (non-citizens)

Legal permanent residents may:

Title II

Contributions and Tax Treatment

Section 201 · Contribution Requirements

(a)Employer contributions

(b)Employee contributions

(c)Family contributions

(d)Spousal protection contributions

Section 202 · Tax Treatment

Section 203 · Investment Management Structure

(a)Core portfolio allocation (80% minimum)

Index fund administration

Competitive fee structure

(b)U.S. employment-weighted index

The domestic equity portion shall track a modified index with employment weighting:

(c)Prohibited weighting factors

The following factors are permanently prohibited from consideration in index weighting: ESG scores; social credit ratings or impact scores; DEI metrics; political contributions or affiliations; climate disclosures or carbon metrics; stakeholder-capitalism measures; any non-financial performance metric; any subjective social or political criteria.

Enforcement. Any attempt by Treasury, the SEC, or any federal agency to add prohibited weighting factors shall be void ab initio, subject to immediate injunction by any account holder, and grounds for criminal prosecution of officials for exceeding statutory authority.

Protection. This prohibition can only be removed by constitutional amendment, not legislative action.

(d)Sole permitted factors

Index weighting may only consider: market capitalization; U.S. employment percentages; U.S. headquarters location; U.S. manufacturing presence; U.S. R&D operations. No other factors may be added without constitutional amendment.

(e)Private advisor option (20% maximum)

Account holders may allocate up to 20% to qualified private investment advisors, who must be SEC-registered, bound by a fiduciary standard, hold a minimum $1 billion under management with a 5-year track record and $100 million errors-and-omissions insurance, have no major violations in the past 10 years, and are prohibited from using ESG or social criteria in selection.

(f)Fee limitations

Administrator requirements

Firms eligible to administer core index funds must manage a minimum $500 billion in assets, hold a 20-year track record and AAA operational rating, provide real-time account access and a full-functionality mobile app, submit to annual Treasury audits, and post a $1 billion performance bond.

(g)Advisor accountability system

(h)Prohibited investments

No account may invest in: cryptocurrency or digital assets; leveraged products or margin; private equity or hedge funds; individual stocks under $1B market cap; non-publicly-traded securities; derivatives beyond covered calls/puts; any fund using ESG or social screening.

(i)Investment restrictions

(j)Account holder protections

Title III

Account Access and Restrictions

Section 301 · Permitted Access

(a)Retirement distributions

Account holders may begin receiving distributions only upon reaching age 50 or older, subject to:

Section 302 · Prohibited Access

The following are strictly prohibited without exception:

Section 303 · Creditor Protection

Accounts are absolutely protected from bankruptcy proceedings, civil judgments, liens and garnishments, and divorce settlements. This protection cannot be waived by the account holder.

Title IV

Inheritance and Recapture

Section 401 · Death Under Age 25

(c) Qualified dependents means minor children (biological, adopted, or foster) under 18; disabled children of any age who are financially dependent; disabled financially-dependent siblings; and unborn children if pregnancy is documented at time of death. A spouse alone does not qualify.

Section 402 · Death at Ages 25 and Above

Section 403 · Distribution Requirements

When multiple minor dependents exist, inheritance must be divided into exactly equal shares. For each child's share, the executor shall elect between a custodial account and a retirement account based solely on that child's best interests.

Title V

Transition Provisions

Section 501 · Mandatory Participation

All persons under age 18 on the effective date shall be automatically enrolled.

Section 502 · Voluntary Opt-In (Ages 18–45)

Persons aged 18–45 may make a one-time irrevocable election within 24 months to switch from Social Security, with the following catch-up provisions:

Age rangeAnnual contribution limitGovernment seedFirst 5 years
18–2515% of income$10,000Standard
26–3017% of income$7,500Standard
31–3520% of income$5,000Standard
36–4023% of income$2,500Standard
41–4525% of income$01:1 match up to $5,000/yr

Section 503 · Hybrid Option (Ages 46–55)

Section 504 · Protected Status (Ages 56+)

Persons aged 56 and older remain exclusively in Social Security with no option to switch.

Section 505 · Social Security Modifications

For persons remaining in Social Security: the income cap is removed immediately; employee and employer taxes are 6.2% each on all compensation (12.4% total) on unlimited income.

Section 506 · Existing Retirement Account Conversions

Title VI

Enforcement and Penalties

Section 601 · Fraud Penalties — Individuals

Any individual who attempts to fraudulently access funds, create false documentation, or circumvent restrictions shall face 5–20 years imprisonment, 100% forfeiture of the account balance, a permanent system ban, and fines up to $500,000.

Section 602 · Fraud Penalties — Companies

Companies facilitating prohibited access or advertising illegal services shall face 10–25 years imprisonment for corporate officers per violation, fines of $10,000,000 to $100,000,000 per violation, a permanent ban from financial services, and potential dissolution.

Section 603 · Professional Penalties

Licensed professionals facilitating violations shall face permanent license revocation, 10–20 years imprisonment, personal civil liability, and fines up to $1,000,000.

Section 604 · Anti-Fraud Enforcement Division

The Treasury Department shall establish a dedicated division with powers to investigate violations, subpoena records, freeze accounts pending investigation, monitor for predatory practices, implement AI-based fraud detection, administer whistleblower rewards (up to 30% of recovered funds), require annual proof-of-life for accounts over $500,000, and verify citizenship through existing federal databases (no biometric data collection).

Section 605 · Transparency and Reporting

Section 606 · Longevity Adjustment Mechanism

Title VII

Special Provisions

Section 701 · Divorce Exemption

National Retirement Security Accounts are completely exempt from division in divorce. No court may award any portion to a spouse, order division or transfer, consider the balance in property calculations, or grant any interest or claim. Each spouse retains 100% ownership of their individual account. Courts retain full authority over all other marital assets, alimony, and child support.

Section 702 · Renunciation of Citizenship

Citizens who renounce citizenship face recapture provisions identical to the death provisions, based on age at renunciation.

Section 703 · False Claims

False claims of citizenship for system access result in 10 years imprisonment and full fund recapture; for non-citizens, deportation and a permanent bar from entry.

Title VIII

Implementation

Section 801 · Implementation Timeline

Open enrollment period

Immediate implementation

System status after enrollment

Section 802 · Transition Funding

The AFRA system is self-financing at maturity. The transition period (approximately Years 1–25) requires bridge financing sourced exclusively from mechanisms within or directly enabled by this Act:

Section 803 · Economic Impact Projections

All figures derived from the AFRA source-of-truth model (8% conservative / 10% optimistic nominal returns, 2% wage growth, 50-year horizon). These are projections illustrating the proposal, not forecasts.

(a)Capital formation

(b)Employment effects

(c)Market effects

(d)Investment-industry impact

(e)GDP growth

(f)Fiscal transformation

Title XI

Trust Fund Protection

The protections in this Title are the constitutional and operational foundation of AFRA. They exist because every prior dedicated federal fund — the Social Security Trust Fund, the Highway Trust Fund, the Airport and Airway Trust Fund — was ultimately raided by Congress treating surpluses as general revenue. AFRA is structurally different: contributions vest as private property, not government assets. No single protection layer is sufficient alone; all five layers operate simultaneously and reinforce each other.

Section 1101 · Individual Property Rights (Load-Bearing Protection)

(a)Immediate vesting

All contributions to a National Retirement Security Account — whether from the employee, the employer, or the government (seeds and monthly contributions) — vest as the private property of the named account holder at the moment of deposit. This vesting is immediate, irrevocable, and not contingent on any future act of Congress.

(b)Fifth Amendment protection

Because AFRA account balances are private property, any Congressional appropriation, transfer, offset, sequestration, or other governmental taking of AFRA funds constitutes a taking of private property under the Fifth Amendment to the United States Constitution and requires just compensation paid to each affected account holder individually. Congress cannot circumvent this requirement by characterizing a raid as a "loan," "offset," "sequestration," or "temporary transfer."

(c)Distinction from Social Security

This Act expressly distinguishes AFRA accounts from Social Security benefits. Social Security benefits are a statutory entitlement subject to Congressional modification (see Flemming v. Nestor, 363 U.S. 603 (1960)). AFRA account balances are private property and may not be modified, reduced, or taken by any act of Congress without just compensation. Congress may not recharacterize AFRA accounts as statutory entitlements by legislative action.

(d)No eminent domain exception

The eminent domain power of the United States does not extend to National Retirement Security Accounts. No declaration of national emergency, debt ceiling crisis, fiscal emergency, war, or other extraordinary circumstance authorizes the taking of AFRA funds without just compensation paid immediately to each affected account holder.

(e)Constitutional amendment required to modify

The property-rights protections in this Section may only be modified or removed by constitutional amendment ratified pursuant to Article V of the United States Constitution. Legislative action alone — including a supermajority vote — is insufficient.

Section 1102 · Private Right of Action and Sovereign Immunity Waiver

(a)Universal standing

Any account holder, individually and without requirement to form a class, has standing to bring an action in federal district court to enjoin any actual or threatened violation of this Title. Standing does not require the account holder to demonstrate individual financial harm beyond the existence of an unauthorized act affecting the Trust Fund or their account.

(b)Sovereign immunity waiver

The United States expressly and irrevocably waives sovereign immunity with respect to all claims arising under this Title. This waiver applies to injunctive relief, declaratory relief, and claims for just compensation under §1101(b). This waiver may not be rescinded by executive order, administrative action, or any act of Congress that does not also explicitly amend this Section by name.

(c)Expedited judicial review

Any action filed under this Section shall receive expedited review. The district court shall issue a ruling on any motion for preliminary injunction within 30 calendar days of filing. Appeals shall be heard by the relevant Circuit Court of Appeals within 60 days of the district court ruling. The Supreme Court shall grant certiorari on an expedited basis if the constitutional property-rights question has not been definitively resolved.

(d)Automatic preliminary injunction

Upon filing of an action under this Section, an automatic temporary restraining order takes effect, freezing any transfer of AFRA Trust Fund assets outside of authorized uses (participant account credits, Social Security obligations of the protected population, and administrative costs as defined in §803). This automatic TRO remains in effect until the court issues its ruling on the preliminary injunction. No bond is required of the account holder plaintiff.

(e)Attorney fees and costs

A prevailing account holder is entitled to reasonable attorney fees and costs, paid from the general revenues of the United States, not from the AFRA Trust Fund.

Section 1103 · Operational Lockout

(a)Authorized uses only

The AFRA Trust Fund may disburse funds solely for: (1) credits to individual participant accounts; (2) Social Security benefit payments to the protected population as required by Title V; (3) administrative costs not to exceed 0.03% of assets annually; and (4) longevity insurance payments under §606. All other disbursements are void ab initio regardless of the authority purporting to authorize them.

(b)System-level technical block

The Social Security Administration's payment systems shall be configured such that disbursements from the AFRA Trust Fund to any destination other than those enumerated in §1103(a) are technically impossible without a system-level override. No system-level override may be implemented without a written order from the SSA Commissioner, a written certification from the Attorney General that the disbursement is lawful under this Title, and a 72-hour public notice period during which any account holder may seek an injunction under §1102.

(c)Personal criminal liability — Treasury Secretary

Any Secretary of the Treasury who authorizes, approves, facilitates, or fails to prevent a transfer of AFRA Trust Fund assets in violation of §1103(a) shall be personally subject to: (1) immediate removal from office; (2) criminal prosecution for theft of government property and breach of fiduciary duty, carrying a sentence of 10–25 years imprisonment; (3) personal civil liability to each affected account holder for the pro-rata value of their loss; and (4) permanent disqualification from federal office. These penalties apply regardless of whether the Secretary was acting under orders from the President, Congress, or any other authority.

(d)Personal criminal liability — SSA Commissioner

The same penalties in §1103(c) apply to the SSA Commissioner for any unauthorized system-level override or any failure to implement the technical block required by §1103(b).

(e)Debt ceiling and emergency exceptions — prohibited

No debt ceiling crisis, fiscal emergency, government shutdown, declaration of national emergency, or any other extraordinary circumstance constitutes an exception to the prohibitions in this Section. Specifically: no legislation suspending the debt ceiling may authorize access to AFRA funds; no continuing resolution may redirect AFRA funds; no sequestration order under the Balanced Budget and Emergency Deficit Control Act or any successor law may apply to the AFRA Trust Fund.

Section 1104 · Independent Audit and Enforcement

(a)AFRA Office of Inspector General

There is hereby established within the Social Security Administration an AFRA Office of Inspector General (AFRA-OIG), independent of the SSA Commissioner and the Secretary of the Treasury, with the following structure and authorities:

(b)Continuous real-time monitoring

The AFRA-OIG shall maintain real-time access to all AFRA Trust Fund transaction records. Any transaction outside the authorized uses in §1103(a) shall trigger an automatic alert within one hour of execution.

(c)Mandatory public disclosure — 24-hour requirement

Within 24 hours of detecting any unauthorized transaction or any credible threat of unauthorized access, the AFRA-OIG shall: (1) publish a public notice on a federally maintained website accessible to all account holders; (2) notify all account holders by email or postal mail within 7 days; (3) transmit a formal referral to the Department of Justice; and (4) file for an emergency injunction in the U.S. District Court for the District of Columbia under the independent litigation authority in §1104(d). These obligations are mandatory and may not be delayed or waived by any order of the President, Congress, or the courts.

(d)Independent litigation authority

The AFRA-OIG has independent authority to initiate and conduct litigation in federal court to enforce this Title without referral to or approval by the Department of Justice, the Attorney General, or the Office of Management and Budget. The AFRA-OIG's legal budget is funded from the Trust Fund and is not subject to Congressional appropriation.

(e)Annual public report

The AFRA-OIG shall publish an annual report, not later than March 31 of each year, available to every account holder and the general public, detailing: total Trust Fund assets; all disbursements by category; any unauthorized access attempts; the status of any ongoing litigation; and a certification of compliance with this Title. The report may not be classified, withheld, or delayed by any executive branch official.

Section 1105 · Constitutional Amendment Pathway

(a)Sense of Congress

It is the sense of Congress that the individual property-rights protections established in §1101, the sovereign immunity waiver in §1102, and the operational lockout in §1103 should be enshrined in the United States Constitution to place them beyond the reach of any future legislative action.

(b)Proposed amendment

Not later than one year after the effective date of this Act, Congress shall vote on a proposed constitutional amendment providing that: "The individual retirement account balances of citizens enrolled in the National Retirement Security System established by the America First Retirement Act are private property. No law shall authorize the taking of such balances by the federal government without just compensation paid individually to each affected account holder. No declaration of emergency, debt ceiling legislation, or other extraordinary measure shall constitute an exception to this provision."

(c)Ratification deadline

If the proposed amendment passes Congress, the SSA Commissioner shall transmit it to the states for ratification and shall publish quarterly updates on the ratification status available to all account holders. This Section does not affect the protections in §§1101–1104, which are operative from the effective date regardless of whether the constitutional amendment is ratified.

Title XII

Definitions

"Account" means a National Retirement Security Account established under this system.

"Qualified Dependent" means minor children (biological, adopted, or foster) under 18; disabled adult children of any age who are financially dependent on the account holder; disabled financially-dependent siblings; and unborn children if pregnancy is medically documented at the time of the account holder's death. It specifically excludes a spouse (unless qualifying under another category), parents, or other relatives.

"Dependent" for inheritance purposes means only Qualified Dependents as defined above.

"Retirement Security Trust Fund" means the fund receiving recaptured amounts for system sustainability.

"Effective Date" means [to be determined upon enactment].

Title XIII

Severability

If any provision of this Act is held invalid, the remainder shall continue in full force and effect.