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S. 4495, Automatic Cash Assistance Act

Summary

S. 4495, the Automatic Cash Assistance Act, was introduced August 6, 2020 by Ms. Hassan (for herself, Ms. Collins, and Ms. Sinema) and referred to the Committee on Finance. It is a bill to amend the Internal Revenue Code of 1986 to provide for automatic advance refunds of additional stimulus tax credits for specified individuals. For a specified individual who has not filed a tax return for the first taxable year beginning in 2018 or 2019, the amount of the advance refund is determined without regard to any limitation based on income. The amendments take effect as if included in section 2201 of the CARES Act.

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Congressional materials
Document type
Bills Bills 116S4495Is Bills 116S4495Is
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Bills Bills 116S4495Is Bills 116S4495Is

Cite this document

“S. 4495, Automatic Cash Assistance Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4495is-bills-116s4495is/, SHA-256 5e7dcd1a2df6d3f591acfae9f972bda5985ec1bccf536767d3d908b40ade415a.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4495
                                                                       To amend the Internal Revenue Code of 1986 to provide for automatic
                                                                           advance refunds of additional stimulus tax credits for specified individ-
                                                                           uals, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                       AUGUST 6, 2020
                                                                          Ms. HASSAN (for herself, Ms. COLLINS, and Ms. SINEMA) 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 provide
                                                                          for automatic advance refunds of additional stimulus tax
                                                                          credits for specified individuals, 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. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Automatic Cash Assist-
                                                                         5 ance Act’’.




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                                                                         1     SEC. 2. ENSURING AUTOMATIC ADVANCE REFUNDS OF AD-

                                                                         2                             DITIONAL STIMULUS TAX CREDITS FOR SPEC-

                                                                         3                             IFIED INDIVIDUALS.

                                                                         4              (a) IN GENERAL.—Notwithstanding any other law,
                                                                         5 with respect to any stimulus tax credit which is allowed
                                                                         6 to any specified individual who, at the time of any deter-
                                                                         7 mination of any advance refund of such credit (as de-
                                                                         8 scribed in subsection (b)(1)(C)), has not filed a tax return
                                                                         9 for such individual’s first taxable year beginning in 2018
                                                                       10 or 2019—
                                                                       11                        (1) determine the amount of such advance re-
                                                                       12               fund with respect to such individual without regard
                                                                       13               to any limitation based on income and on the basis
                                                                       14               of information with respect to such individual which
                                                                       15               is provided by—
                                                                       16                                  (A) in the case of a specified social secu-
                                                                       17                        rity beneficiary or a specified supplemental se-
                                                                       18                        curity income recipient, the Commissioner of
                                                                       19                        Social Security,
                                                                       20                                  (B) in the case of a specified railroad re-
                                                                       21                        tirement beneficiary, the Railroad Retirement
                                                                       22                        Board, and
                                                                       23                                  (C) in the case of a specified veterans ben-
                                                                       24                        eficiary, the Secretary of Veterans Affairs (in




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                                                                       25                        coordination with, and with the assistance of,


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                                                                         1                       the Commissioner of Social Security if appro-
                                                                         2                       priate), and
                                                                         3                       (2) with respect to any amount of such advance
                                                                         4              refund which is determined based upon the number
                                                                         5              of dependents of the taxpayer, disburse any payment
                                                                         6              with respect to such amount under rules similar to
                                                                         7              the rules of paragraph (7) of section 6428(f) of the
                                                                         8              Internal Revenue Code of 1986 (as added by section
                                                                         9              3).
                                                                       10               (b) DEFINITIONS AND SPECIAL RULES.—
                                                                       11                        (1) STIMULUS TAX CREDIT.—For purposes of
                                                                       12               this section, the term ‘‘stimulus tax credit’’ means
                                                                       13               any tax credit allowed under the Internal Revenue
                                                                       14               Code of 1986 which—
                                                                       15                                  (A) is enacted after March 27, 2020, and
                                                                       16                        before December 31, 2020,
                                                                       17                                  (B) is allowed to any eligible individual (as
                                                                       18                        defined in section 6428(d) of such Code), and
                                                                       19                                  (C) provides for an advanced refund of
                                                                       20                        such credit in a manner similar to that provided
                                                                       21                        under section 6428(f) of such Code.
                                                                       22                        (2) SPECIFIED INDIVIDUAL.—
                                                                       23                                  (A) IN GENERAL.—For purposes of this




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                                                                       24                        section, the term ‘‘specified individual’’ means
                                                                       25                        any individual who is—


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                                                                         1                                        (i) a specified social security bene-
                                                                         2                                 ficiary,
                                                                         3                                        (ii) a specified supplemental security
                                                                         4                                 income recipient,
                                                                         5                                        (iii) a specified railroad retirement
                                                                         6                                 beneficiary, or
                                                                         7                                        (iv) a specified veterans beneficiary.
                                                                         8                                 (B) SPECIFIED SOCIAL SECURITY BENE-
                                                                         9                       FICIARY.—For purposes of this section—

                                                                       10                                         (i) IN GENERAL.—The term ‘‘specified
                                                                       11                                  social security beneficiary’’ means any indi-
                                                                       12                                  vidual who, for the last month that ends
                                                                       13                                  prior to the date of enactment of the stim-
                                                                       14                                  ulus tax credit, is entitled to any monthly
                                                                       15                                  insurance benefit payable under title II of
                                                                       16                                  the Social Security Act (42 U.S.C. 401 et
                                                                       17                                  seq.), including payments made pursuant
                                                                       18                                  to sections 202(d), 223(g), and 223(i)(7)
                                                                       19                                  of such Act.
                                                                       20                                         (ii) EXCEPTION.—Such term shall not
                                                                       21                                  include any individual if such benefit is not
                                                                       22                                  payable for such month by reason of sec-
                                                                       23                                  tion 202(x) of the Social Security Act (42




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                                                                       24                                  U.S.C. 402(x)) or section 1129A of such
                                                                       25                                  Act (42 U.S.C. 1320a–8a).


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                                                                         1                                 (C) SPECIFIED SUPPLEMENTAL SECURITY
                                                                         2                       INCOME RECIPIENT.—For purposes of this sec-

                                                                         3                       tion—
                                                                         4                                        (i) IN GENERAL.—The term ‘‘specified
                                                                         5                                 supplemental security income recipient’’
                                                                         6                                 means any individual who, for the last
                                                                         7                                 month that ends prior to the date of enact-
                                                                         8                                 ment of the stimulus tax credit, is eligible
                                                                         9                                 for a monthly benefit payable under title
                                                                       10                                  XVI of the Social Security Act (42 U.S.C.
                                                                       11                                  1381 et seq.) (other than a benefit to an
                                                                       12                                  individual                 described                   in      section
                                                                       13                                  1611(e)(1)(B) of such Act (42 U.S.C.
                                                                       14                                  1382(e)(1)(B))), including—
                                                                       15                                                  (I) payments made pursuant to
                                                                       16                                         section 1614(a)(3)(C) of such Act (42
                                                                       17                                         U.S.C. 1382c(a)(3)(C)),
                                                                       18                                                  (II) payments made pursuant to
                                                                       19                                         section 1619(a) (42 U.S.C. 1382h) or
                                                                       20                                         subsections (a)(4), (a)(7), or (p)(7) of
                                                                       21                                         section 1631 (42 U.S.C. 1383) of
                                                                       22                                         such Act, and
                                                                       23                                                  (III) State supplementary pay-




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                                                                       24                                         ments of the type referred to in sec-
                                                                       25                                         tion 1616(a) of such Act (42 U.S.C.


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                                                                         1                                        1382e(a)) (or payments of the type
                                                                         2                                        described in section 212(a) of Public
                                                                         3                                        Law 93–66) which are paid by the
                                                                         4                                        Commissioner under an agreement re-
                                                                         5                                        ferred to in such section 1616(a) (or
                                                                         6                                        section 212(a) of Public Law 93–66).
                                                                         7                                        (ii) EXCEPTION.—Such term shall not
                                                                         8                                 include any individual if such monthly ben-
                                                                         9                                 efit is not payable for such month by rea-
                                                                       10                                  son of subsection (e)(1)(A) or (e)(4) of sec-
                                                                       11                                  tion 1611 (42 U.S.C. 1382) or section
                                                                       12                                  1129A of such Act (42 U.S.C. 1320a–8a).
                                                                       13                                  (D) SPECIFIED                      RAILROAD             RETIREMENT

                                                                       14                        BENEFICIARY.—For                        purposes of this section,
                                                                       15                        the term ‘‘specified railroad retirement bene-
                                                                       16                        ficiary’’ means any individual who, for the last
                                                                       17                        month that ends prior to the date of enactment
                                                                       18                        of the stimulus tax credit, is entitled to a
                                                                       19                        monthly annuity or pension payment payable
                                                                       20                        (without regard to section 5(a)(ii) of the Rail-
                                                                       21                        road Retirement Act of 1974 (45 U.S.C.
                                                                       22                        231d(a)(ii))) under—
                                                                       23                                         (i) section 2(a)(1) of such Act (45




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                                                                       24                                  U.S.C. 231a(a)(1)),




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                                                                         1                                        (ii) section 2(c) of such Act (45
                                                                         2                                 U.S.C. 231a(c)),
                                                                         3                                        (iii) section 2(d)(1) of such Act (45
                                                                         4                                 U.S.C. 231a(d)(1)), or
                                                                         5                                        (iv) section 7(b)(2) of such Act (45
                                                                         6                                 U.S.C. 231f(b)(2)) with respect to any of
                                                                         7                                 the benefit payments described in subpara-
                                                                         8                                 graph (B)(i).
                                                                         9                                 (E) SPECIFIED VETERANS BENEFICIARY.—
                                                                       10                        For purposes of this section—
                                                                       11                                         (i) IN GENERAL.—The term ‘‘specified
                                                                       12                                  veterans beneficiary’’ means any individual
                                                                       13                                  who, for the last month that ends prior to
                                                                       14                                  the date of enactment of the stimulus tax
                                                                       15                                  credit, is entitled to a compensation or
                                                                       16                                  pension payment payable under—
                                                                       17                                                  (I) section 1110, 1117, 1121,
                                                                       18                                         1131, 1141, or 1151 of title 38,
                                                                       19                                         United States Code,
                                                                       20                                                  (II) section 1310, 1312, 1313,
                                                                       21                                         1315, 1316, or 1318 of title 38,
                                                                       22                                         United States Code,
                                                                       23                                                  (III) section 1513, 1521, 1533,




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                                                                       24                                         1536, 1537, 1541, 1542, or 1562 of
                                                                       25                                         title 38, United States Code, or


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                                                                         1                                                 (IV) section 1805, 1815, or 1821
                                                                         2                                        of title 38, United States Code,
                                                                         3                                 to a veteran, surviving spouse, child, or
                                                                         4                                 parent as described in paragraph (2), (3),
                                                                         5                                 (4)(A)(ii), or (5) of section 101, title 38,
                                                                         6                                 United States Code.
                                                                         7                                        (ii) EXCEPTION.—Such term shall not
                                                                         8                                 include any individual if such compensa-
                                                                         9                                 tion or pension payment is not payable, or
                                                                       10                                  was reduced, for such month by reason of
                                                                       11                                  section 1505, 5313, or 5313B of title 38,
                                                                       12                                  United States Code.
                                                                       13                                  (F) SUBSEQUENT DETERMINATIONS AND
                                                                       14                        REDETERMINATIONS                         NOT          TAKEN              INTO   AC-

                                                                       15                        COUNT.—For purposes of this section, any indi-

                                                                       16                        vidual’s status as a specified social security ben-
                                                                       17                        eficiary, a specified supplemental security in-
                                                                       18                        come recipient, a specified railroad retirement
                                                                       19                        beneficiary, or a specified veterans beneficiary
                                                                       20                        shall be unaffected by any determination or re-
                                                                       21                        determination of any entitlement to, or eligi-
                                                                       22                        bility for, any benefit, payment, or compensa-
                                                                       23                        tion, if such determination or redetermination




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                                                                       24                        occurs after the last month that ends prior to




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                                                                         1                       the date of enactment of the stimulus tax cred-
                                                                         2                       it.
                                                                         3                                 (G) PAYMENT TO REPRESENTATIVE PAY-
                                                                         4                       EES AND FIDUCIARIES.—

                                                                         5                                        (i) IN GENERAL.—If the benefit, pay-
                                                                         6                                 ment, or compensation referred to in sub-
                                                                         7                                 paragraph (B)(i), (C)(i), (D), or (E)(i)
                                                                         8                                 with respect to any specified individual is
                                                                         9                                 paid to a representative payee or fiduciary,
                                                                       10                                  payment by the Secretary of any advance
                                                                       11                                  refund with respect to such specified indi-
                                                                       12                                  vidual shall be made to such individual’s
                                                                       13                                  representative payee or fiduciary and the
                                                                       14                                  entire payment shall be used only for the
                                                                       15                                  benefit of the individual who is entitled to
                                                                       16                                  the payment.
                                                                       17                                         (ii) APPLICATION OF ENFORCEMENT
                                                                       18                                  PROVISIONS.—

                                                                       19                                                  (I) In the case of a payment de-
                                                                       20                                         scribed in clause (i) which is made
                                                                       21                                         with respect to a specified social secu-
                                                                       22                                         rity beneficiary or a specified supple-
                                                                       23                                         mental security income recipient, sec-




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                                                                       24                                         tion 1129(a)(3) of the Social Security
                                                                       25                                         Act (42 U.S.C. 1320a–8(a)(3)) shall


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                                                                         1                                        apply to such payment in the same
                                                                         2                                        manner as such section applies to a
                                                                         3                                        payment under title II or XVI of such
                                                                         4                                        Act.
                                                                         5                                                 (II) In the case of a payment de-
                                                                         6                                        scribed in clause (i) which is made
                                                                         7                                        with respect to a specified railroad re-
                                                                         8                                        tirement beneficiary, section 13 of the
                                                                         9                                        Railroad Retirement Act (45 U.S.C.
                                                                       10                                         231l) shall apply to such payment in
                                                                       11                                         the same manner as such section ap-
                                                                       12                                         plies to a payment under such Act.
                                                                       13                                                  (III) In the case of a payment
                                                                       14                                         described in clause (i) which is made
                                                                       15                                         with respect to a specified veterans
                                                                       16                                         beneficiary, sections 5502, 6106, and
                                                                       17                                         6108 of title 38, United States Code,
                                                                       18                                         shall apply to such payment in the
                                                                       19                                         same manner as such sections apply
                                                                       20                                         to a payment under such title.
                                                                       21      SEC. 3. ALLOWING MULTIPLE PAYMENTS FOR RECOVERY

                                                                       22                              REBATES TO SPECIFIED INDIVIDUALS.

                                                                       23               (a) IN GENERAL.—Subsection (f) of section 6428 of




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                                                                       24 the Internal Revenue Code of 1986, as added by section




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                                                                         1 2201 of the CARES Act (Public Law 116–136), is amend-
                                                                         2 ed by adding at the end the following new paragraph:
                                                                         3                       ‘‘(7) MULTIPLE PAYMENTS.—In the case of any
                                                                         4              specified individual (as defined in section 2(b)(2) of
                                                                         5              the Automatic Cash Assistance Act), the Secretary
                                                                         6              shall, upon receipt of any information necessary to
                                                                         7              determine the number of qualifying children of such
                                                                         8              individual, disburse any payment as soon as prac-
                                                                         9              ticable to such individual pursuant to this subsection
                                                                       10               with respect to any amounts described in subsection
                                                                       11               (a)(2), regardless of whether any payment pursuant
                                                                       12               to this subsection has been previously made to such
                                                                       13               individual.’’.
                                                                       14               (b) EFFECTIVE DATE.—The amendments made by
                                                                       15 this section shall take effect as if included in section 2201
                                                                       16 of the CARES Act.
                                                                                                                                  Æ




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