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S. 823 (117th Congress) — To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates

Summary

S. 823 is a Senate bill introduced March 18, 2021 by Brown, for himself, Wyden, Menendez and Van Hollen, to amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates. It was referred to the Committee on Finance. Section 1 amends subsection (c) of section 9601 of the American Rescue Plan Act of 2021 (Public Law 117–2) on reduction or offset of the payments, and adds a paragraph on assignment of benefits. That paragraph provides that the right of any person to any applicable payment shall not be transferable or assignable, and that no applicable payment shall be subject to execution, levy, attachment, garnishment, or other legal process.

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Issuer
Congressional materials
Document type
Bills Bills 117S823Is Bills 117S823Is
Case
Bills Bills 117S823Is Bills 117S823Is

Cite this document

“S. 823 (117th Congress) — To amend the American Rescue Plan Act of 2021 to provide for protection of recovery rebates.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s823is-bills-117s823is/, SHA-256 b22453de4d9b0257c12276ef567ec42927e049938dc96810b45bd6d0ecfbd2c6.

Full text

                                                                                                                                                                        II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                                 S. 823
                                                                          To amend the American Rescue Plan Act of 2021 to provide for protection
                                                                                                  of recovery rebates.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    MARCH 18, 2021
                                                                       Mr. BROWN (for himself, Mr. WYDEN, Mr. MENENDEZ, and Mr. VAN HOL-
                                                                           LEN) introduced the following bill; which was read twice and referred to
                                                                           the Committee on Finance




                                                                                                                 A BILL
                                                                        To amend the American Rescue Plan Act of 2021 to provide
                                                                                    for protection of recovery rebates.

                                                                         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 2021 RECOVERY REBATES.

                                                                         4               (a) IN GENERAL.—Subsection (c) of section 9601 of
                                                                         5 the American Rescue Plan Act of 2021 (Public Law 117–
                                                                         6 2) is amended—
                                                                         7                        (1) in paragraph (2), by striking subparagraphs
                                                                         8               (A) and (B) and inserting the following:




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                                                                         9                                 ‘‘(A) subject to reduction or offset pursu-
                                                                       10                         ant to section 3716 or 3720A of title 31,


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                                                                         1                        United States Code, or similar authority per-
                                                                         2                        mitting offset,
                                                                         3                                 ‘‘(B) subject to reduction or offset pursu-
                                                                         4                        ant to subsection (c), (d), (e), or (f) of section
                                                                         5                        6402 of the Internal Revenue Code of 1986, or
                                                                         6                                 ‘‘(C) reduced or offset by other assessed
                                                                         7                        Federal taxes that would otherwise be subject
                                                                         8                        to levy or collection.’’, and
                                                                         9                        (2) by adding at the end the following new
                                                                       10                paragraph:
                                                                       11                         ‘‘(4) ASSIGNMENT OF BENEFITS.—
                                                                       12                                  ‘‘(A) IN GENERAL.—The right of any per-
                                                                       13                         son to any applicable payment shall not be
                                                                       14                         transferable or assignable, at law or in equity,
                                                                       15                         and no applicable payment shall be subject to,
                                                                       16                         execution, levy, attachment, garnishment, or
                                                                       17                         other legal process, or the operation of any
                                                                       18                         bankruptcy or insolvency law.
                                                                       19                                  ‘‘(B) ENCODING OF PAYMENTS.—In the
                                                                       20                         case of an applicable payment described in sub-
                                                                       21                         paragraph (E)(iii)(I) that is certified for pay-
                                                                       22                         ment after the date of the enactment of this
                                                                       23                         paragraph under section 3528 of title 31,




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                                                                       24                         United States Code, and that is paid electroni-
                                                                       25                         cally by direct deposit through the Automated


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                                                                         1                        Clearing House (ACH) network, the Secretary
                                                                         2                        of the Treasury (or the Secretary’s delegate)
                                                                         3                        shall—
                                                                         4                                         ‘‘(i) issue the payment using a unique
                                                                         5                                 identifier that is reasonably sufficient to
                                                                         6                                 allow a financial institution to identify the
                                                                         7                                 payment as an applicable payment, and
                                                                         8                                         ‘‘(ii) further encode the payment pur-
                                                                         9                                 suant to the same specifications as re-
                                                                       10                                  quired for a benefit payment defined in
                                                                       11                                  section 212.3 of title 31, Code of Federal
                                                                       12                                  Regulations.
                                                                       13                                  ‘‘(C) GARNISHMENT.—
                                                                       14                                          ‘‘(i) ENCODED                    PAYMENTS.—In           the
                                                                       15                                  case of a garnishment order that applies to
                                                                       16                                  an account that has received an applicable
                                                                       17                                  payment that is encoded as provided in
                                                                       18                                  subparagraph (B), a financial institution
                                                                       19                                  shall follow the requirements and proce-
                                                                       20                                  dures set forth in part 212 of title 31,
                                                                       21                                  Code of Federal Regulations, except—
                                                                       22                                                   ‘‘(I)         notwithstanding               section
                                                                       23                                          212.4 of title 31, Code of Federal




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                                                                       24                                          Regulations (and except as provided
                                                                       25                                          in subclause (II)), a financial institu-


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                                                                         1                                         tion shall not fail to follow the proce-
                                                                         2                                         dures of sections 212.5 and 212.6 of
                                                                         3                                         such title with respect to a garnish-
                                                                         4                                         ment order merely because such order
                                                                         5                                         has attached, or includes, a notice of
                                                                         6                                         right to garnish Federal benefits
                                                                         7                                         issued by a State child support en-
                                                                         8                                         forcement agency, and
                                                                         9                                                  ‘‘(II) a financial institution shall
                                                                       10                                          not, with regard to any applicable
                                                                       11                                          payment, be required to provide the
                                                                       12                                          notice referenced in sections 212.6
                                                                       13                                          and 212.7 of title 31, Code of Federal
                                                                       14                                          Regulations.
                                                                       15                                          ‘‘(ii) OTHER PAYMENTS.—In the case
                                                                       16                                  of a garnishment order (other than an
                                                                       17                                  order that has been served by the United
                                                                       18                                  States) that has been received by a finan-
                                                                       19                                  cial institution and that applies to an ac-
                                                                       20                                  count into which an applicable payment
                                                                       21                                  that has not been encoded as provided in
                                                                       22                                  subparagraph (B) has been deposited elec-
                                                                       23                                  tronically on any date during the lookback




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                                                                       24                                  period or into which an applicable payment
                                                                       25                                  that has been deposited by check on any


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                                                                         1                                 date in the lookback period, the financial
                                                                         2                                 institution, upon the request of the account
                                                                         3                                 holder, shall treat the amount of the funds
                                                                         4                                 in the account at the time of the request,
                                                                         5                                 up to the amount of the applicable pay-
                                                                         6                                 ment (in addition to any amounts other-
                                                                         7                                 wise protected under part 212 of title 31,
                                                                         8                                 Code of Federal Regulations), as exempt
                                                                         9                                 from a garnishment order without requir-
                                                                       10                                  ing the consent of the party serving the
                                                                       11                                  garnishment order or the judgment cred-
                                                                       12                                  itor.
                                                                       13                                          ‘‘(iii) LIABILITY.—A financial institu-
                                                                       14                                  tion that acts in good faith in reliance on
                                                                       15                                  clauses (i) or (ii) shall not be subject to li-
                                                                       16                                  ability or regulatory action under any Fed-
                                                                       17                                  eral or State law, regulation, court or other
                                                                       18                                  order, or regulatory interpretation for ac-
                                                                       19                                  tions concerning any applicable payments.
                                                                       20                                  ‘‘(D) NO               RECLAMATION                    RIGHTS.—This

                                                                       21                         paragraph shall not alter the status of applica-
                                                                       22                         ble payments as tax refunds or other nonbenefit
                                                                       23                         payments for purpose of any reclamation rights




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                                                                       24                         of the Department of the Treasury or the Inter-




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                                                                         1                        nal Revenue Service as per part 210 of title 31,
                                                                         2                        Code of Federal Regulations.
                                                                         3                                 ‘‘(E) DEFINITIONS.—For purposes of this
                                                                         4                        paragraph—
                                                                         5                                         ‘‘(i) ACCOUNT                   HOLDER.—The                   term
                                                                         6                                 ‘account holder’ means a natural person
                                                                         7                                 whose name appears in a financial institu-
                                                                         8                                 tion’s records as the direct or beneficial
                                                                         9                                 owner of an account.
                                                                       10                                          ‘‘(ii) ACCOUNT                   REVIEW.—The                  term
                                                                       11                                  ‘account review’ means the process of ex-
                                                                       12                                  amining deposits in an account to deter-
                                                                       13                                  mine if an applicable payment has been de-
                                                                       14                                  posited         into        the        account               during    the
                                                                       15                                  lookback period. The financial institution
                                                                       16                                  shall perform the account review following
                                                                       17                                  the procedures outlined in section 212.5 of
                                                                       18                                  title 31, Code of Federal Regulations and
                                                                       19                                  in accordance with the requirements of sec-
                                                                       20                                  tion 212.6 of title 31, Code of Federal
                                                                       21                                  Regulations.
                                                                       22                                          ‘‘(iii)        APPLICABLE                 PAYMENT.—The

                                                                       23                                  term ‘applicable payment’ means—




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                                                                         1                                                  ‘‘(I) any advance refund amount
                                                                         2                                         paid pursuant to section 6428B(g) of
                                                                         3                                         the Internal Revenue Code of 1986,
                                                                         4                                                  ‘‘(II) any payment made by a
                                                                         5                                         possession of the United States with a
                                                                         6                                         mirror code tax system (as defined in
                                                                         7                                         subsection (b) of this section) pursu-
                                                                         8                                         ant to such subsection which cor-
                                                                         9                                         responds to a payment described in
                                                                       10                                          subclause (I), and
                                                                       11                                                   ‘‘(III) any payment made by a
                                                                       12                                          possession of the United States with-
                                                                       13                                          out a mirror code tax system (as so
                                                                       14                                          defined) pursuant to subsection (b) of
                                                                       15                                          this section.
                                                                       16                                          ‘‘(iv) GARNISHMENT.—The term ‘gar-
                                                                       17                                  nishment’ means execution, levy, attach-
                                                                       18                                  ment, garnishment, or other legal process.
                                                                       19                                          ‘‘(v)          GARNISHMENT                     ORDER.—The

                                                                       20                                  term ‘garnishment order’ means a writ,
                                                                       21                                  order, notice, summons, judgment, levy, or
                                                                       22                                  similar written instruction issued by a
                                                                       23                                  court, a State or State agency, a munici-




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                                                                       24                                  pality or municipal corporation, or a State
                                                                       25                                  child support enforcement agency, includ-


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




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