S. 2947Senate108th Congress (2003-2005)In Committee

Taxpayer Abuse Prevention Act

Introduced October 8, 2004

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S10849-10850)

October 8, 2004

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SenateIntro Referral

Introduced in Senate

October 8, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S10848-10849)

October 8, 2004

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S10849-10850)

October 8, 2004

Floor Debate

13 members

What members said about S. 2947 on the floor

5 Republicans8 Democrats
Bob Graham
Sen. Bob GrahamD-FL · Oct 8, 2004

Mr. President, I rise today to introduce legislation that calls for a small Federal commitment that would make a huge impact on the daily lives of all Americans. This legislation, the Rush Hour…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Oct 8, 2004

Mr. President, I rise today to introduce the Paiute Land Adjustments Act. This bill would authorize the Secretary of the Interior to convey or transfer four small Paiute trust land parcels totaling…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Oct 8, 2004

Mr. President, I rise today, along with Senator Lautenberg, to introduce legislation to help ensure that convicted felons are not permitted to legally possess dangerous weapons. The bill would…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Oct 8, 2004

Mr. President, I rise to introduce the Taxpayer Abuse Prevention Act. Earned income tax credit (EITC) benefits intended for working families are increasingly being reduced by the growing use of…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Oct 8, 2004

Mr. President, I rise to introduce the Taxpayer Abuse Prevention Act. Earned income tax credit (EITC) benefits intended for working families are increasingly being reduced by the growing use of…

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Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Oct 8, 2004

Mr. President, it is a privilege to join Senator Jack Reed in introducing the ``Emergency Flu Response Act of 2004.'' I commend him for his leadership on this important issue. I also commend our…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Oct 8, 2004

Mr. President, I rise today to introduce bipartisan legislation, ``The Green Chemistry Research and Development Act,'' with Senator Rockefeller. Green chemistry is a science-based approach to…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Oct 8, 2004

Mr. President, I rise to introduce today a bill to authorize the development of the Coordinated Environmental Health Network. I am pleased to have Senators Chafee and Reid as cosponsors.…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Oct 8, 2004

Mr. President, I rise today to introduce a bill of great importance to our most severely injured troops who are carrying the battle to the terrorists. This legislation will assist the Department of…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Oct 8, 2004

Mr. President, as in years past, I am offering today two pieces of legislation that would close a loophole in the 1996 Telecommunications Act, and as in years past I am pleased that I am joined by…

Jon Kyl
Sen. Jon KylR-AZ · Oct 8, 2004

Mr. President, I rise today to introduce legislation, the Ukraine Democracy and Fair Elections Act of 2004, designed to promote free, fair and transparent elections in Ukraine. Like the United…

Ron Wyden
Sen. Ron WydenD-OR · Oct 8, 2004

Mr. President, today I am introducing legislation regarding the way the trade policies of the United States affect the ability of developing countries to access to generic drugs. The bill addresses…

Larry E. Craig
Sen. Larry E. CraigR-ID · Oct 8, 2004

Mr. President, I rise to introduce the Child Safety and Home Protection Act of 2004, to provide a limited tax credit for individuals who purchase a gun safe to store firearms in their homes. Under…

Show 1 more
Jack Reed
Sen. Jack ReedD-RI · Oct 8, 2004

I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued October 8, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2947 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2947

To provide additional protections for recipients of the earned income
tax credit.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 8, 2004

Mr. Akaka (for himself, Mr. Bingaman, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
Finance

_______________________________________________________________________

A BILL

To provide additional protections for recipients of the earned income
tax credit.

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 ``Taxpayer Abuse Prevention Act''.

SEC. 2. PREVENTION OF DIVERSION OF EARNED INCOME TAX CREDIT BENEFITS.

(a) In General.--Section 32 of the Internal Revenue Code of 1986
(relating to earned income tax credit) is amended by adding at the end
the following new subsection:
``(n) Prevention of Diversion of Credit Benefits.--The right of any
individual to any future payment of the credit under this section shall
not be transferable or assignable, at law or in equity, and none of the
moneys paid or payable or right shall be subject to any execution,
levy, attachment, garnishment, offset, or other legal process except
for any outstanding Federal obligation. Any waiver of the protections
of this subsection shall be deemed null, void, and of no effect.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.

SEC. 3. PROHIBITION ON DEBT COLLECTION OFFSET.

(a) In General.--No person shall, directly or indirectly,
individually or in conjunction or in cooperation with another person,
engage in the collection of an outstanding or delinquent debt for any
creditor or assignee by means of soliciting the execution of,
processing, receiving, or accepting an application or agreement for a
refund anticipation loan or refund anticipation check that contains a
provision permitting the creditor to repay, by offset or other means,
an outstanding or delinquent debt for that creditor from the proceeds
of the debtor's Federal tax refund.
(b) Refund Anticipation Loan.--For purposes of subsection (a), the
term ``refund anticipation loan'' means a loan of money or of any other
thing of value to a taxpayer because of the taxpayer's anticipated
receipt of a Federal tax refund.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.

SEC. 4. PROHIBITION OF MANDATORY ARBITRATION.

(a) In General.--Any person that provides a loan to a taxpayer that
is linked to or in anticipation of a Federal tax refund for the
taxpayer may not include mandatory arbitration of disputes as a
condition for providing such a loan.
(b) Effective Date.--This section shall apply to loans made after
the date of the enactment of this Act.

SEC. 5. TERMINATION OF DEBT INDICATOR PROGRAM.

The Secretary of the Treasury shall terminate the Debt Indicator
program announced in Internal Revenue Service Notice 99-58.

SEC. 6. DETERMINATION OF ELECTRONIC FILING GOALS.

(a) In General.--Any electronically filed Federal tax returns, that
result in Federal tax refunds that are distributed by refund
anticipation loans, shall not be taken into account in determining if
the goals required under section 2001(a)(2) of the Restructuring and
Reform Act of 1998 that the Internal Revenue Service have at least 80
percent of all such returns filed electronically by 2007 are achieved.
(b) Refund Anticipation Loan.--For purposes of subsection (a), the
term ``refund anticipation loan'' means a loan of money or of any other
thing of value to a taxpayer because of the taxpayer's anticipated
receipt of a Federal tax refund.

SEC. 7. EXPANSION OF ELIGIBILITY FOR ELECTRONIC TRANSFER ACCOUNTS.

(a) In General.--The last sentence of section 3332(j) of title 31,
United States Code, is amended by inserting ``other than any payment
under section 32 of such Code'' after ``1986''.
(b) Effective Date.--The amendment made by this section shall apply
to payments made after the date of the enactment of this Act.

SEC. 8. PROGRAM TO ENCOURAGE THE USE OF THE ADVANCE EARNED INCOME TAX
CREDIT.

(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Treasury shall, after
consultation with such private, nonprofit, and governmental entities as
the Secretary determines appropriate, develop and implement a program
to encourage the greater utilization of the advance earned income tax
credit.
(b) Reports.--Not later than the date of the implementation of the
program described in subsection (a), and annually thereafter, the
Secretary of the Treasury shall report to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives on the elements of such program and progress achieved
under such program.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program
described in this section. Any sums so appropriated shall remain
available until expended.

SEC. 9. PROGRAM TO LINK TAXPAYERS WITH DIRECT DEPOSIT ACCOUNTS AT
FEDERALLY INSURED DEPOSITORY INSTITUTIONS.

(a) Establishment of Program.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of the Treasury shall enter
into cooperative agreements with federally insured depository
institutions to provide low- and moderate-income taxpayers with the
option of establishing low-cost direct deposit accounts through the use
of appropriate tax forms.
(b) Federally Insured Depository Institution.--For purposes of this
section, the term ``federally insured depository institution'' means
any insured depository institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813)) and any insured credit
union (as defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752)).
(c) Operation of Program.--In providing for the operation of the
program described in subsection (a), the Secretary of the Treasury is
authorized--
(1) to consult with such private and nonprofit
organizations and Federal, State, and local agencies as
determined appropriate by the Secretary, and
(2) to promulgate such regulations as necessary to
administer such program.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program
described in this section. Any sums so appropriated shall remain
available until expended.
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