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S. 931 (117th Congress) — 2021 recovery rebates not provided to prison inmates convicted of child sex abuse

Summary

Senate bill 931, introduced March 23, 2021 by Cruz and referred to the Committee on Finance, 117th Congress, 1st Session. Its long title provides that the 2021 recovery rebates under the American Rescue Plan Act are not to go to prison inmates convicted of child sex abuse, and that such sums are redirected to the Department of Justice for payment as restitution to compensate victims of crime. Section 1 amends section 6428B of the Internal Revenue Code of 1986, as added by section 9601 of the American Rescue Plan Act of 2021.

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Congressional materials
Document type
Bills Bills 117S931Is Bills 117S931Is
Case
Bills Bills 117S931Is Bills 117S931Is

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“S. 931 (117th Congress) — 2021 recovery rebates not provided to prison inmates convicted of child sex abuse.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s931is-bills-117s931is/, SHA-256 60b253f05d32e5b45a58874f6d2e1437d801b26f38df0c77d075f121cafab2a3.

Full text

                                                                                                                                                                      II




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                               S. 931
                                                                     To amend the Internal Revenue Code of 1986 to ensure that the 2021
                                                                         recovery rebates as provided for in the American Rescue Plan Act are
                                                                         not provided to prison inmates convicted of child sex abuse and that
                                                                         such sums shall be redirected to the Department of Justice to be paid
                                                                         out in the form of restitution to compensate victims of crime.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    MARCH 23, 2021
                                                                       Mr. CRUZ 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 as provided for in the
                                                                        American Rescue Plan Act are not provided to prison
                                                                        inmates convicted of child sex abuse and that such sums
                                                                        shall be redirected to the Department of Justice to be
                                                                        paid out in the form of restitution to compensate victims
                                                                        of crime.

                                                                       1               Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,




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                                                                       1     SECTION 1. PROHIBITING 2021 RECOVERY REBATES FROM

                                                                       2                             BEING PROVIDED TO CERTAIN PRISONERS.

                                                                       3               (a) IN GENERAL.—Section 6428B of the Internal
                                                                       4 Revenue Code of 1986, as added by section 9601 of the
                                                                       5 American Rescue Plan Act of 2021, is amended—
                                                                       6                        (1) by redesignating subsections (h) and (i) as
                                                                       7               subsections (i) and (j), respectively;
                                                                       8                        (2) in subsection (j), as so redesignated, by
                                                                       9               striking ‘‘subsection (h)(1)’’ each place it appears
                                                                     10                and inserting ‘‘subsection (i)(1)’’; and
                                                                     11                         (3) by inserting after subsection (g) the fol-
                                                                     12                lowing:
                                                                     13                ‘‘(h) SPECIAL RULES WITH RESPECT TO CERTAIN
                                                                     14 PRISONERS.—
                                                                     15                         ‘‘(1) DISALLOWANCE OF CREDIT.—
                                                                     16                                  ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                     17                         graph (B), no credit shall be allowed under sub-
                                                                     18                         section (a) to an eligible individual who is, for
                                                                     19                         each day during calendar year 2021—
                                                                     20                                          ‘‘(i) confined in a jail, prison, or other
                                                                     21                                  penal institution or correctional facility
                                                                     22                                  pursuant to the conviction of the individual
                                                                     23                                  for a sex offense involving a minor (other
                                                                     24                                  than an offense involving child pornog-




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                                                                     25                                  raphy) under Federal or State law; or


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                                                                       1                                         ‘‘(ii) is confined by court order in an
                                                                       2                                 institution at public expense in connection
                                                                       3                                 with—
                                                                       4                                                  ‘‘(I) a verdict or finding that the
                                                                       5                                         individual is guilty but insane, with
                                                                       6                                         respect to a sex offense involving a
                                                                       7                                         minor (other than an offense involving
                                                                       8                                         child pornography) under Federal or
                                                                       9                                         State law;
                                                                     10                                                   ‘‘(II) a verdict or finding that the
                                                                     11                                          individual is not guilty of such an of-
                                                                     12                                          fense by reason of insanity;
                                                                     13                                                   ‘‘(III) a finding that such indi-
                                                                     14                                          vidual is incompetent to stand trial
                                                                     15                                          under an allegation of such an of-
                                                                     16                                          fense; or
                                                                     17                                                   ‘‘(IV) a similar verdict or finding
                                                                     18                                          with respect to such an offense based
                                                                     19                                          on similar factors (such as a mental
                                                                     20                                          disease, a mental defect, or mental in-
                                                                     21                                          competence).
                                                                     22                                  ‘‘(B) JOINT RETURN.—In the case of eligi-
                                                                     23                         ble individuals filing a joint return where 1
                                                                     24                         spouse is described in subparagraph (A), sub-



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                                                                                                                                4
                                                                       1                        section (b)(1) shall be applied by substituting
                                                                       2                        ‘$1,400’ for ‘$2,800’.
                                                                       3                        ‘‘(2) DENIAL OF ADVANCE REFUND OR CRED-
                                                                       4               IT.—No refund or credit shall be made or allowed

                                                                       5               under subsection (g) with respect to any individual
                                                                       6               whom the Secretary has knowledge is, at the time of
                                                                       7               any determination made pursuant to paragraph (3)
                                                                       8               of such subsection, described in clause (i) or (ii) of
                                                                       9               paragraph (1)(A) of this subsection.’’.
                                                                     10                (b) CRIME VICTIMS FUND.—
                                                                     11                         (1) IN GENERAL.—There are transferred to the
                                                                     12                Crime Victims Fund, established under section 1402
                                                                     13                of the Victims of Crime Act of 1984 (34 U.S.C.
                                                                     14                20101), out of any money in the Treasury not other-
                                                                     15                wise obligated, an amount equal to the total reduc-
                                                                     16                tion in outlays by reason of the amendment made by
                                                                     17                subsection (a).
                                                                     18                         (2) USE OF FUNDS.—Any amount transferred
                                                                     19                to the Crime Victims Fund under paragraph (1)
                                                                     20                shall be merged with and be available for the same
                                                                     21                purposes as amounts deposited in the Crime Victims
                                                                     22                Fund under section 1402(b) of the Victims of Crime
                                                                     23                Act of 1984 (34 U.S.C. 20101(b)).
                                                                     24                (c) EFFECTIVE DATE.—The amendments made by



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                                                                     25 subsection (a) shall take effect as if included in the enact-


                                                                                  •S 931 IS

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                                                                                                                                5
                                                                       1 ment of section 9601 of the American Rescue Plan Act
                                                                       2 of 2021 (Public Law 117–2).
                                                                                                                                Æ




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