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S. 3841 (116th Congress) — To protect 2020 recovery rebates for individuals from assignment or garnishment

Summary

S. 3841 was introduced May 21, 2020 by Mr. Grassley (for himself, Mr. Brown, Mr. Wyden, and Mr. Scott of South Carolina) and referred to the Committee on Finance. It is a bill to protect 2020 recovery rebates for individuals from assignment or garnishment. An applicable payment would not be transferable or assignable and would not be subject to execution, levy, attachment, garnishment, or other legal process. The Secretary of the Treasury would issue electronic payments with a unique identifier, and a financial institution acting in good faith would not be subject to liability.

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Issuer
Congressional materials
Document type
Bills Bills 116S3841Is Bills 116S3841Is
Case
Bills Bills 116S3841Is Bills 116S3841Is

Cite this document

“S. 3841 (116th Congress) — To protect 2020 recovery rebates for individuals from assignment or garnishment.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3841is-bills-116s3841is/, SHA-256 be492630a1f1b1203e7318ec16c36ebc4a8d9c34f427692186dab58ebc0d0fa7.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            S. 3841
                                                                             To protect 2020 recovery rebates for individuals from assignment or
                                                                                            garnishment, and for other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    MAY 21, 2020
                                                                     Mr. GRASSLEY (for himself, Mr. BROWN, Mr. WYDEN, and Mr. SCOTT of
                                                                         South Carolina) introduced the following bill; which was read twice and
                                                                         referred to the Committee on Finance




                                                                                                               A BILL
                                                                             To protect 2020 recovery rebates for individuals from
                                                                              assignment or garnishment, and for other purposes.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. PROTECTION OF 2020 RECOVERY REBATES.

                                                                       4              (a) IN GENERAL.—Subsection (d) of section 2201 of
                                                                       5 the CARES Act (Public Law 116–136) is amended—
                                                                       6                        (1) by redesignating paragraphs (1), (2), and
                                                                       7              (3) as subparagraphs (A), (B), and (C), and by mov-
                                                                       8              ing such subparagraphs 2 ems to the right,




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                                                                       1                        (2) by striking ‘‘REDUCTION OR OFFSET.—Any
                                                                       2              credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR-
                                                                       3              NISHMENT, ETC.—

                                                                       4                        ‘‘(1) IN GENERAL.—Any credit’’, and
                                                                       5                        (3) by adding at the end the following new
                                                                       6              paragraphs:
                                                                       7                        ‘‘(2) ASSIGNMENT OF BENEFITS.—
                                                                       8                                 ‘‘(A) IN GENERAL.—The right of any per-
                                                                       9                        son to any applicable payment shall not be
                                                                     10                         transferable or assignable, at law or in equity,
                                                                     11                         and no applicable payment shall be subject to,
                                                                     12                         execution, levy, attachment, garnishment, or
                                                                     13                         other legal process, or the operation of any
                                                                     14                         bankruptcy or insolvency law.
                                                                     15                                  ‘‘(B) ENCODING OF PAYMENTS.—As soon
                                                                     16                         as practicable, but not earlier than 10 days
                                                                     17                         after the date of the enactment of this para-
                                                                     18                         graph, in the case of an applicable payment
                                                                     19                         that is paid electronically by direct deposit
                                                                     20                         through the Automated Clearing House (ACH)
                                                                     21                         network, the Secretary of the Treasury (or the
                                                                     22                         Secretary’s delegate) shall—
                                                                     23                                          ‘‘(i) issue the payment using a unique
                                                                     24                                  identifier that is reasonably sufficient to



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                                                                       1                                 allow a financial institution to identify the
                                                                       2                                 payment as an applicable payment, and
                                                                       3                                         ‘‘(ii) further encode the payment pur-
                                                                       4                                 suant to the same specifications as re-
                                                                       5                                 quired for a benefit payment defined in
                                                                       6                                 section 212.3 of title 31, Code of Federal
                                                                       7                                 Regulations.
                                                                       8                                 ‘‘(C) GARNISHMENT.—
                                                                       9                                         ‘‘(i) ENCODED                    PAYMENTS.—In          the
                                                                     10                                  case of a garnishment order received after
                                                                     11                                  the date that is 10 days after the date of
                                                                     12                                  the enactment of this paragraph and that
                                                                     13                                  applies to an account that has received an
                                                                     14                                  applicable payment that is encoded as pro-
                                                                     15                                  vided in subparagraph (B), a financial in-
                                                                     16                                  stitution shall follow the requirements and
                                                                     17                                  procedures set forth in part 212 of title
                                                                     18                                  31, Code of Federal Regulations, except a
                                                                     19                                  financial institution shall not, with regard
                                                                     20                                  to any applicable payment, be required to
                                                                     21                                  provide the notice referenced in sections
                                                                     22                                  212.6 and 212.7 of title 31, Code of Fed-
                                                                     23                                  eral Regulations. This paragraph shall not
                                                                     24                                  alter the status of applicable payments as



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                                                                     25                                  tax refunds or other nonbenefit payments


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                                                                       1                                 for purpose of any reclamation rights of
                                                                       2                                 the Department of Treasury or the Inter-
                                                                       3                                 nal Revenue Service as per part 210 of
                                                                       4                                 title 31 of the Code of Federal Regula-
                                                                       5                                 tions.
                                                                       6                                         ‘‘(ii) OTHER PAYMENTS.—If a finan-
                                                                       7                                 cial institution receives a garnishment
                                                                       8                                 order, other than an order that has been
                                                                       9                                 served by the United States or an order
                                                                     10                                  that has been served by a Federal, State,
                                                                     11                                  or local child support enforcement agency,
                                                                     12                                  that has been received by a financial insti-
                                                                     13                                  tution after the date that is 10 days after
                                                                     14                                  the date of the enactment of this para-
                                                                     15                                  graph and that applies to an account into
                                                                     16                                  which an applicable payment that has not
                                                                     17                                  been encoded as provided in subparagraph
                                                                     18                                  (B) has been deposited electronically or by
                                                                     19                                  an applicable payment that has been de-
                                                                     20                                  posited by check on any date in the
                                                                     21                                  lookback period, the financial institution,
                                                                     22                                  upon the request of the account holder,
                                                                     23                                  shall treat the amount of the funds in the
                                                                     24                                  account at the time of the request, up to



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                                                                     25                                  the amount of the applicable payment (in


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                                                                       1                                 addition to any amounts otherwise pro-
                                                                       2                                 tected under part 212 of title 31, Code of
                                                                       3                                 Federal Regulations), as exempt from a
                                                                       4                                 garnishment order without requiring the
                                                                       5                                 consent of the party serving the garnish-
                                                                       6                                 ment order or the judgment creditor.
                                                                       7                                         ‘‘(iii) LIABILITY.—A financial institu-
                                                                       8                                 tion that acts in good faith in reliance on
                                                                       9                                 clauses (i) or (ii) shall not be subject to li-
                                                                     10                                  ability or regulatory action under any Fed-
                                                                     11                                  eral or State law, regulation, court or other
                                                                     12                                  order, or regulatory interpretation for ac-
                                                                     13                                  tions concerning any applicable payments.
                                                                     14                                  ‘‘(D) DEFINITIONS.—For purposes of this
                                                                     15                         paragraph—
                                                                     16                                          ‘‘(i) ACCOUNT                   HOLDER.—The               term
                                                                     17                                  ‘account holder’ means a natural person
                                                                     18                                  whose name appears in a financial institu-
                                                                     19                                  tion’s records as the direct or beneficial
                                                                     20                                  owner of an account.
                                                                     21                                          ‘‘(ii) ACCOUNT                   REVIEW.—The              term
                                                                     22                                  ‘account review’ means the process of ex-
                                                                     23                                  amining deposits in an account to deter-
                                                                     24                                  mine if an applicable payment has been de-



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                                                                     25                                  posited         into        the        account           during    the


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                                                                       1                                 lookback period. The financial institution
                                                                       2                                 shall perform the account review following
                                                                       3                                 the procedures outlined in section 212.5 of
                                                                       4                                 title 31, Code of Federal Regulations and
                                                                       5                                 in accordance with the requirements of sec-
                                                                       6                                 tion 212.6 of title 31, Code of Federal
                                                                       7                                 Regulations.
                                                                       8                                         ‘‘(iii)        APPLICABLE                PAYMENT.—The

                                                                       9                                 term ‘applicable payment’ means any pay-
                                                                     10                                  ment of credit or refund by reason of sec-
                                                                     11                                  tion 6428 of the Internal Revenue Code of
                                                                     12                                  1986 (as so added) or by reason of sub-
                                                                     13                                  section (c) of this section.
                                                                     14                                          ‘‘(iv) GARNISHMENT.—The term ‘gar-
                                                                     15                                  nishment’ means execution, levy, attach-
                                                                     16                                  ment, garnishment, or other legal process.
                                                                     17                                          ‘‘(v)          GARNISHMENT                     ORDER.—The

                                                                     18                                  term ‘garnishment order’ means a writ,
                                                                     19                                  order, notice, summons, judgment, levy, or
                                                                     20                                  similar written instruction issued by a
                                                                     21                                  court, a State or State agency, a munici-
                                                                     22                                  pality or municipal corporation, or a State
                                                                     23                                  child support enforcement agency, includ-
                                                                     24                                  ing a lien arising by operation of law for



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                                                                     25                                  overdue child support or an order to freeze


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                                                                       1                                 the assets in an account, to effect a gar-
                                                                       2                                 nishment against a debtor.
                                                                       3                                         ‘‘(vi) LOOKBACK PERIOD.—The term
                                                                       4                                 ‘lookback period’ means the two month pe-
                                                                       5                                 riod that begins on the date preceding the
                                                                       6                                 date of account review and ends on the
                                                                       7                                 corresponding date of the month two
                                                                       8                                 months earlier, or on the last date of the
                                                                       9                                 month two months earlier if the cor-
                                                                     10                                  responding date does not exist.’’.
                                                                     11               (b) EFFECTIVE DATE.—The amendments made by
                                                                     12 this section shall take effect on the date of the enactment
                                                                     13 of this Act.
                                                                                                                                Æ




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