S.Amdt. 984

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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