Strengthen the Earned Income Tax Credit Act of 2009
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Read twice and referred to the Committee on Finance.
January 7, 2009
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Introduced in Senate
January 7, 2009
Sponsor introductory remarks on measure. (CR S172-173)
January 7, 2009
Read twice and referred to the Committee on Finance.
January 7, 2009
Floor Debate
5 membersWhat members said about S. 24 on the floor





Floor Debate
5 membersWhat members said about S. 24 on the floor
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Bill Text
Latest available legislative text
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 24 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 24
To amend the Internal Revenue Code of 1986 to strengthen the earned
income tax credit.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2009
Mr. Kerry (for himself and Mr. Rockefeller) 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 strengthen 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 ``Strengthen the Earned Income Tax
Credit Act of 2009''.
SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT.
(a) Reduction in Marriage Penalty.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``increased by'' and all that follows and inserting ``increased
by $5,000.''.
(2) Inflation adjustment.--Clause (ii) of section
32(j)(1)(B) of such Code is amended--
(A) by striking ``$3,000 amount in subsection
(b)(2)(B)(iii)'' and inserting ``$5,000 amount in
subsection (b)(2)(B)'', and
(B) by striking ``calendar year 2007'' and
inserting ``calendar year 2008''.
(b) Increase in Credit Percentage for Families With 3 or More
Children.--The table contained in section 32(b)(1)(A) of the Internal
Revenue Code of 1986 (relating to percentages) is amended--
(1) by striking ``2 or more qualifying children'' in the
second row and inserting ``2 qualifying children'', and
(2) by inserting after the second row the following new
item:
----------------------------------------------------------------------------------------------------------------
``3 or more qualifying children.................................. 45................................... 21.06'
'.
----------------------------------------------------------------------------------------------------------------
(c) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$7,250'', and
(B) by striking ``$5,280'' in the last column and
inserting ``$14,500''.
(2) Transitional phaseout amount for 2009.--
(A) In general.--Section 32(b)(2) of such Code, as
amended by subsection (a), is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
``(B) Transitional phaseout amount for eligible
individuals with no qualifying children in 2009.--In
the case of taxable years beginning in 2009, the
phaseout amount for an eligible individual with no
qualifying children shall be $13,800.''.
(B) Conforming amendment.--Subparagraph (C) of
section 32(b)(2) of such Code, as redesignated by
paragraph (2), is amended by inserting ``or (B)'' after
``subparagraph (A)''.
(3) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986, as amended by
subsection (a), is amended--
(A) in clause (i)--
(i) by inserting ``(other than the amounts
relating to individuals with no qualifying
children)'' after ``(b)(2)(A)'', and
(ii) by striking ``and'' at the end,
(B) in clause (ii)--
(i) by striking ``(b)(2)(B)'' and inserting
``(b)(2)(C) and the $7,250 amount in the table
in subsection (b)(2)(A)'', and
(ii) by striking the period and inserting
``, and'', and
(C) by adding at the end the following new clause:
``(iii) in the case of the $14,500 amount
in the table in subsection (b)(2)(A), by
substituting `calendar year 2009' for `calendar
year 1992' in subparagraph (B) of such section
1.''.
(d) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1)(A) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(e) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code
of 1986 (relating to eligible individual) is amended by striking ``age
25'' and inserting ``age 21''.
(f) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to eligible individual) is amended by
adding at the end the following new paragraph:
``(G) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(G)''.
(g) Elimination of Disqualified Investment Income Test.--
(1) In general.--Section 32 of the Internal Revenue Code of
1986 is amended by striking subsection (i).
(2) Conforming amendments.--
(A) Section 32(j)(1)(B)(i) of such Code, as amended
by this Act, is amended--
(i) by striking ``subsections'' and
inserting ``subsection'', and
(ii) by striking ``and (i)(1)''.
(B) Section 32(j)(2) of such Code is amended to
read as follows:
``(2) Rounding.--If any dollar amount in subsection
(b)(2)(A) (after being increased under subparagraph (B)
thereof), after being increased under paragraph (1), is not a
multiple of $10, such amount shall be rounded to the next
nearest multiple of $10.''.
(h) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986 (relating to eligible individual), as amended by this Act,
is amended by adding at the end the following new paragraph:
``(H) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other parent of such child who
does not make such a claim of such child or of
any other qualifying child may be considered an
eligible individual without a qualifying child
for purposes of the credit allowed under this
section for such taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(i) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
(j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of
such Act) shall not apply to section 303 of such Act.
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