[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Pages S1212-S1213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 984. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

        Strike subsection (a) of section 9601 and insert the 
     following:
       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     6428A the following new section:

     ``SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS.

       ``(a) In General.--In the case of an eligible individual, 
     there shall be allowed as a credit against the tax imposed by 
     subtitle A for the first taxable year beginning in 2021 an 
     amount equal to the 2021 rebate amount determined for such 
     taxable year.
       ``(b) 2021 Rebate Amount.--For purposes of this section, 
     the term `2021 rebate amount' means, with respect to any 
     taxpayer for any taxable year, the sum of--
       ``(1) $1,400 ($2,800 in the case of a joint return), plus
       ``(2) $1,400 multiplied by the number of--
       ``(A) qualifying children (within the meaning of section 
     24(c)) of the taxpayer, and
       ``(B) with the exception of any individual taken into 
     account under subparagraph (A), any dependents of the 
     taxpayer for such taxable year who are permanently and 
     totally disabled (as defined in section 22(e)(3)) at any time 
     during such taxable year.
       ``(c) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means any individual other 
     than--
       ``(1) any nonresident alien individual,
       ``(2) any individual who is a dependent of another taxpayer 
     for a taxable year beginning in the calendar year in which 
     the individual's taxable year begins, and
       ``(3) an estate or trust.
       ``(d) Limitation Based on Adjusted Gross Income.--
       ``(1) In general.--The amount of the credit allowed by 
     subsection (a) (determined without regard to this subsection 
     and subsection (f)) shall be reduced (but not below zero) by 
     the amount which bears the same ratio to such credit (as so 
     determined) as--
       ``(A) the excess of--
       ``(i) the taxpayer's adjusted gross income for such taxable 
     year, over
       ``(ii) $50,000, bears to
       ``(B) $25,000.
       ``(2) Special rules.--
       ``(A) Joint return or surviving spouse.--In the case of a 
     joint return or a surviving spouse (as defined in section 
     2(a)), paragraph (1) shall be applied by substituting 
     `$100,000' for `$50,000' and `$50,000' for `$25,000'.
       ``(B) Head of household.--In the case of a head of 
     household (as defined in section 2(b)), paragraph (1) shall 
     be applied by substituting `$75,000' for `$50,000' and 
     `$37,500' for `$25,000'.
       ``(e) Definitions and Special Rules.--
       ``(1) Dependent defined.--For purposes of this section, the 
     term `dependent' has the meaning given such term by section 
     152.
       ``(2) Identification number requirement.--
       ``(A) In general.--In the case of a return other than a 
     joint return, the $1,400 amount in subsection (b)(1) shall be 
     treated as being zero unless the taxpayer includes the valid 
     identification number of the taxpayer on the return of tax 
     for the taxable year.
       ``(B) Joint returns.--In the case of a joint return, the 
     $2,800 amount in subsection (b)(1) shall be treated as 
     being--
       ``(i) $1,400 if the valid identification number of only 1 
     spouse is included on the return of tax for the taxable year, 
     and
       ``(ii) zero if the valid identification number of neither 
     spouse is so included.
       ``(C) Children and disabled dependents.--Any individual 
     described in subparagraph (A) or (B) of subsection (b)(2) 
     shall not be taken into account under such subsection unless 
     the valid identification number of such individual is 
     included on the return of tax for the taxable year.
       ``(D) Valid identification number.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `valid identification number' means a social security number 
     issued to an individual by the Social Security Administration 
     on or before the due date for filing the return for the 
     taxable year.
       ``(ii) Adoption taxpayer identification number.--For 
     purposes of subparagraph (C), in the case of an individual 
     who is adopted or placed for adoption, the term `valid 
     identification number' shall include the adoption taxpayer 
     identification number of such individual.
       ``(E) Special rule for members of the armed forces.--
     Subparagraph (B) shall not apply in the case where at least 1 
     spouse was a member of the Armed Forces of the United States 
     at any time during the taxable year and the valid 
     identification number of at least 1 spouse is included on the 
     return of tax for the taxable year.
       ``(F) Coordination with certain advance payments.--In the 
     case of any payment determined pursuant to subsection (g)(6), 
     a valid identification number shall be treated for purposes 
     of this paragraph as included on the taxpayer's return of tax 
     if such valid identification number is available to the 
     Secretary as described in such subsection.
       ``(G) Mathematical or clerical error authority.--Any 
     omission of a correct valid identification number required 
     under this paragraph shall be treated as a mathematical or 
     clerical error for purposes of applying section 6213(g)(2) to 
     such omission.
       ``(3) Credit treated as refundable.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(f) Coordination With Advance Refunds of Credit.--
       ``(1) Reduction of refundable credit.--The amount of the 
     credit which would (but for this paragraph) be allowable 
     under subsection (a) shall be reduced (but not below zero) by 
     the aggregate refunds and credits made or allowed to the 
     taxpayer (or, except as otherwise provided by the Secretary, 
     any dependent of the taxpayer) under subsection (g). Any 
     failure to so reduce the credit shall be treated as arising 
     out of a mathematical or clerical error and assessed 
     according to section 6213(b)(1).
       ``(2) Joint returns.--Except as otherwise provided by the 
     Secretary, in the case of a refund or credit made or allowed 
     under subsection (g) with respect to a joint return, half of 
     such refund or credit shall be treated as having been made or 
     allowed to each individual filing such return.
       ``(g) Advance Refunds and Credits.--
       ``(1) In general.--Subject to paragraphs (5) and (6), each 
     individual who was an eligible individual for such 
     individual's first taxable year beginning in 2019 shall be 
     treated as having made a payment against the tax imposed by 
     chapter 1 for such taxable year in an amount equal to the 
     advance refund amount for such taxable year.
       ``(2) Advance refund amount.--
       ``(A) In general.--For purposes of paragraph (1), the 
     advance refund amount is the amount that would have been 
     allowed as a credit under this section for such taxable year 
     if this section (other than subsection (f) and this 
     subsection) had applied to such taxable year.
       ``(B) Treatment of deceased individuals.--For purposes of 
     determining the advance refund amount with respect to such 
     taxable year--
       ``(i) any individual who was deceased before January 1, 
     2021, shall be treated for purposes of applying subsection 
     (e)(2) in the same manner as if the valid identification 
     number of such person was not included on the return of tax 
     for such taxable year (except that subparagraph (E) thereof 
     shall not apply),
       ``(ii) notwithstanding clause (i), in the case of a joint 
     return with respect to which only 1 spouse is deceased before 
     January 1, 2021, such deceased spouse was a member of the 
     Armed Forces of the United States at any time during the 
     taxable year, and the valid identification number of such 
     deceased spouse is included on the return of tax for the 
     taxable year, the valid identification number of 1 (and only 
     1) spouse shall be treated as included on the return of tax 
     for the taxable year for purposes of applying subsection 
     (e)(2)(B) with respect to such joint return, and
       ``(iii) no amount shall be determined under subsection 
     (e)(2) with respect to any individual described in 
     subparagraph (A) or (B) of subsection (b)(2) if the taxpayer 
     (both spouses in the case of a joint return) was deceased 
     before January 1, 2021.
       ``(3) Timing and manner of payments.--The Secretary shall, 
     subject to the provisions of this title and consistent with 
     rules similar to the rules of subparagraphs (B) and (C) of 
     section 6428A(f)(3), refund or credit any overpayment 
     attributable to this subsection as rapidly as possible, 
     consistent with a rapid effort to make payments attributable 
     to such overpayments electronically if appropriate. No refund 
     or credit shall be made or allowed under this subsection 
     after December 31, 2021.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this subsection.
       ``(5) Application to individuals who have filed a return of 
     tax for 2020.--
       ``(A) Application to 2020 returns filed at time of initial 
     determination.--If, at the time of any determination made 
     pursuant to paragraph (3), the individual referred to in 
     paragraph (1) has filed a return of tax for the individual's 
     first taxable year beginning in 2020, paragraph (1) shall be 
     applied with respect to such individual by substituting 
     `2020' for `2019'.
       ``(B) Additional payment.--

[[Page S1213]]

       ``(i) In general.--In the case of any individual who files, 
     before the additional payment determination date, a return of 
     tax for such individual's first taxable year beginning in 
     2020, the Secretary shall make a payment (in addition to any 
     payment made under paragraph (1)) to such individual equal to 
     the excess (if any) of--

       ``(I) the amount which would be determined under paragraph 
     (1) (after the application of subparagraph (A)) by applying 
     paragraph (1) as of the additional payment determination 
     date, over
       ``(II) the amount of any payment made with respect to such 
     individual under paragraph (1).

       ``(ii) Additional payment determination date.--The term 
     `additional payment determination date' means the earlier 
     of--

       ``(I) the date which is 90 days after the 2020 calendar 
     year filing deadline, or
       ``(II) September 1, 2021.

       ``(iii) 2020 calendar year filing deadline.--The term `2020 
     calendar year filing deadline' means the date specified in 
     section 6072(a) with respect to returns for calendar year 
     2020. Such date shall be determined after taking into account 
     any period disregarded under section 7508A if such disregard 
     applies to substantially all returns for calendar year 2020 
     to which section 6072(a) applies.
       ``(6) Application to certain individuals who have not filed 
     a return of tax for 2019 or 2020 at time of determination.--
     In the case of any individual who, at the time of any 
     determination made pursuant to paragraph (3), has filed a tax 
     return for neither the year described in paragraph (1) nor 
     for the year described in paragraph (5)(A), the Secretary 
     shall, consistent with rules similar to the rules of section 
     6428A(f)(5)(H)(i), apply paragraph (1) on the basis of 
     information available to the Secretary and shall, on the 
     basis of such information, determine the advance refund 
     amount with respect to such individual without regard to 
     subsection (d) unless the Secretary has reason to know that 
     such amount would otherwise be reduced by reason of such 
     subsection.
       ``(7) Special rule related to time of filing return.--
     Solely for purposes of this subsection, a return of tax shall 
     not be treated as filed until such return has been processed 
     by the Internal Revenue Service.
       ``(8) Restriction on use of certain previously issued 
     prepaid debit cards.--Payments made by the Secretary to 
     individuals under this section shall not be in the form of an 
     increase in the balance of any previously issued prepaid 
     debit card if, as of the time of the issuance of such card, 
     such card was issued solely for purposes of making payments 
     under section 6428 or 6428A.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including--
       ``(1) regulations or other guidance providing taxpayers the 
     opportunity to provide the Secretary information sufficient 
     to allow the Secretary to make payments to such taxpayers 
     under subsection (g) (including the determination of the 
     amount of such payment) if such information is not otherwise 
     available to the Secretary, and
       ``(2) regulations or other guidance to ensure to the 
     maximum extent administratively practicable that, in 
     determining the amount of any credit under subsection (a) and 
     any credit or refund under subsection (g), an individual is 
     not taken into account more than once, including by different 
     taxpayers and including by reason of a change in joint return 
     status or dependent status between the taxable year for which 
     an advance refund amount is determined and the taxable year 
     for which a credit under subsection (a) is determined.
       ``(i) Outreach.--The Secretary shall carry out a robust and 
     comprehensive outreach program to ensure that all taxpayers 
     described in subsection (h)(1) learn of their eligibility for 
     the advance refunds and credits under subsection (g); are 
     advised of the opportunity to receive such advance refunds 
     and credits as provided under subsection (h)(1); and are 
     provided assistance in applying for such advance refunds and 
     credits.''.
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