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S. 842 (117th Congress) — To ensure that the 2021 Recovery Rebates are not provided to illegal immigrants

Summary

S. 842 is a bill introduced in the Senate on March 18, 2021, by Mr. Cruz (for himself and Mr. Hagerty) and referred to the Committee on Finance. It is a bill to amend the Internal Revenue Code of 1986 to ensure that the 2021 Recovery Rebates are not provided to illegal immigrants. It amends subsection (c) of section 6428B of the Internal Revenue Code of 1986, as added by section 9601 of the American Rescue Plan Act of 2021, so that the term valid identification number means a social security number. A special rule covers an alien admitted pursuant to a nonimmigrant visa to whom a social security number has been issued with respect to which employment is authorized.

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Issuer
Congressional materials
Document type
Bills Bills 117S842Is Bills 117S842Is
Case
Bills Bills 117S842Is Bills 117S842Is

Cite this document

“S. 842 (117th Congress) — To ensure that the 2021 Recovery Rebates are not provided to illegal immigrants.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s842is-bills-117s842is/, SHA-256 ff482c3e281242ccb01e44365d9390dfe5457004f344dabe4787e8cb5ae433f6.

Full text

                                                                                                                                                                      II




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                               S. 842
                                                                           To amend the Internal Revenue Code of 1986 to ensure that the 2021
                                                                                Recovery Rebates are not provided to illegal immigrants.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                  MARCH 18, 2021
                                                                      Mr. CRUZ (for himself and Mr. HAGERTY) 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 ensure
                                                                        that the 2021 Recovery Rebates are not provided to
                                                                        illegal immigrants.

                                                                       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. PROHIBITING 2021 RECOVERY REBATES FROM

                                                                       4                             BEING PROVIDED TO ILLEGAL IMMIGRANTS.

                                                                       5               (a) IN GENERAL.—Subsection (c) of section 6428B
                                                                       6 of the Internal Revenue Code of 1986, as added by section
                                                                       7 9601 of the American Rescue Plan Act of 2021, is amend-
                                                                       8 ed—




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                                                                       9                        (1) by redesignating paragraphs (2) and (3) as
                                                                     10                paragraphs (3) and (4), and

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                                                                                                                                2
                                                                       1                        (2) by inserting after paragraph (1) the fol-
                                                                       2               lowing:
                                                                       3                        ‘‘(2) as determined by the Secretary in coordi-
                                                                       4               nation with the Secretary of Health and Human
                                                                       5               Services and the Secretary of Homeland Security,
                                                                       6               any alien who is not lawfully present (as such term
                                                                       7               is used in section 36B(e)(1)),’’.
                                                                       8               (b) MODIFICATION OF DEFINITION OF VALID IDEN-
                                                                       9     TIFICATION                  NUMBER.—Subparagraph (D) of section
                                                                     10 6428B(e)(2) of the Internal Revenue Code of 1986, as
                                                                     11 added by section 9601 of the American Rescue Plan Act
                                                                     12 of 2021, is amended to read as follows:
                                                                     13                                  ‘‘(D) VALID IDENTIFICATION NUMBER.—
                                                                     14                                          ‘‘(i) IN GENERAL.—For purposes of
                                                                     15                                  this paragraph, except as provided in
                                                                     16                                  clause (ii), the term ‘valid identification
                                                                     17                                  number’ means a social security number
                                                                     18                                  (as such term is defined in section
                                                                     19                                  24(h)(7)).
                                                                     20                                          ‘‘(ii) SPECIAL                 RULE           FOR    EMPLOY-

                                                                     21                                  MENT-AUTHORIZED NONIMMIGRANTS.—

                                                                     22                                                   ‘‘(I) IN GENERAL.—For purposes
                                                                     23                                          of this paragraph, in the case of an
                                                                     24                                          alien admitted to the United States



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                                                                     25                                          pursuant to a nonimmigrant visa de-


                                                                                  •S 842 IS

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                                                                                                                                3
                                                                       1                                         scribed in section 101(a)(15) of the
                                                                       2                                         Immigration and Nationality Act (8
                                                                       3                                         U.S.C. 1101(a)(15)) to whom a social
                                                                       4                                         security number has been issued pur-
                                                                       5                                         suant to section 205(c)(2)(B)(i)(I) of
                                                                       6                                         the Social Security Act (42 U.S.C.
                                                                       7                                         405(c)(2)(B)(i)(I)), the term ‘valid
                                                                       8                                         identification number’ means only
                                                                       9                                         such a social security number with re-
                                                                     10                                          spect to which employment is author-
                                                                     11                                          ized on the date of enactment of this
                                                                     12                                          section.
                                                                     13                                                   ‘‘(II) DETERMINATION.—
                                                                     14                                                             ‘‘(aa)        IN       GENERAL.—The

                                                                     15                                                   Secretary shall take all necessary
                                                                     16                                                   measures to determine whether
                                                                     17                                                   employment is authorized with
                                                                     18                                                   respect to such a social security
                                                                     19                                                   number.
                                                                     20                                                             ‘‘(bb)        COORDINATION             RE-

                                                                     21                                                   QUIRED.—The                          Secretary    of
                                                                     22                                                   Homeland shall provide informa-
                                                                     23                                                   tion to the Secretary with respect
                                                                     24                                                   to whether aliens to whom a so-



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                                                                     25                                                   cial security number has been


                                                                                  •S 842 IS

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                                                                                                                                4
                                                                       1                                                  issued are authorized to be em-
                                                                       2                                                  ployed in the United States.
                                                                       3                                         ‘‘(iii) ADOPTION                   TAXPAYER IDENTI-

                                                                       4                                 FICATION NUMBER.—For purposes of sub-

                                                                       5                                 paragraph (C), in the case of a dependent
                                                                       6                                 who is adopted or placed for adoption, the
                                                                       7                                 term ‘valid identification number’ shall in-
                                                                       8                                 clude the adoption taxpayer identification
                                                                       9                                 number of such dependent.’’.
                                                                     10                (c) EFFECTIVE DATE.—The amendments made by
                                                                     11 this section shall take effect as if included in the enact-
                                                                     12 ment of section 9601 of the American Rescue Plan Act
                                                                     13 of 2021.
                                                                                                                                Æ




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