I 
117TH CONGRESS 
1ST SESSION H. R. 5808 
To amend title II of the Social Security Act to make available parental 
leave benefits to parents following the birth or adoption of a child, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2021 
Mrs. WAGNER (for herself, Mr. CRENSHAW, Mr. RODNEY DAVIS of Illinois, 
Mr. DIAZ-BALART, Mr. LUETKEMEYER, and Mr. MOORE of Utah) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend title II of the Social Security Act to make avail-
able parental leave benefits to parents following the birth 
or adoption of a child, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘New Parents Act of 
2021’’. 
SEC. 2. PARENTAL LEAVE BENEFITS. 
Title II of the Social Security Act is amended by in-
serting after section 218 the following: 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
‘‘SEC. 219. PARENTAL LEAVE BENEFITS. 
‘‘(a) IN GENERAL.—Every individual— 
‘‘(1) who has— 
‘‘(A) not less than 8 quarters of coverage, 
4 of which are credited to calendar quarters 
during the calendar year preceding the calendar 
year in which the 1st month of the benefit pe-
riod described in subsection (c) occurs; or 
‘‘(B) not less than 12 quarters of coverage; 
and 
‘‘(2) who has filed an application for a parental 
leave benefit with respect to a qualified child of the 
individual, 
shall be entitled to a parental leave benefit with respect 
to such qualified child. 
‘‘(b) BENEFIT AMOUNT.—Such individual’s parental 
leave benefit shall be an amount equal to the product of— 
‘‘(1) the number of benefit months (not to ex-
ceed 3) selected by the individual in the individual’s 
application for a parental leave benefit, multiplied by 
‘‘(2) an amount equal to the primary insurance 
amount for the individual that would be determined 
under section 215 if— 
‘‘(A) the individual had attained age 62 in 
the first month of the individual’s benefit pe-
riod; and 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) the individual had become entitled to 
an old-age insurance benefit under section 202 
beginning with such month. 
For the purposes of the preceding sentence, the elapsed 
years referred to in section 215(b)(2)(B)(iii) shall not in-
clude the year in which the individual’s benefit period be-
gins, or any year thereafter. 
‘‘(c) PAYMENT OF BENEFIT.— 
‘‘(1) SELECTION
OF
NUMBER
OF
BENEFIT 
MONTHS.—In filing an application for a parental 
leave benefit under this section, an individual shall 
select the number of months (not to exceed 3) for 
which the individual will receive a monthly payment 
under such parental leave benefit (in this section re-
ferred to as ‘benefit months’). 
‘‘(2) ELECTION
OF
BENEFIT
MONTHS.—Not 
later than 14 days before the start of any month in 
the benefit period of an individual entitled to a pa-
rental leave benefit, the individual may elect to treat 
such month as a benefit month. The number of 
months in such benefit period treated as benefit 
months shall equal the number selected in the indi-
vidual’s benefit application, and the Commissioner 
may designate any month as a benefit month in any 
case in which an individual does not elect to treat 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
a sufficient number of months as benefit months be-
fore the end of the benefit period. 
‘‘(3) AMOUNT
OF
MONTHLY
PAYMENT.—The 
amount of a monthly payment made in any benefit 
month within a benefit period to an individual enti-
tled to a parental leave benefit shall be an amount 
equal to— 
‘‘(A) the amount of the parental leave ben-
efit determined for the individual under sub-
section (b); divided by 
‘‘(B) the number of benefit months se-
lected by the individual pursuant to paragraph 
(1) with respect to such benefit. 
‘‘(4) DEFINITION
OF
BENEFIT
PERIOD.—For 
purposes of this section, the term ‘benefit period’ 
means, with respect to an individual entitled to a pa-
rental leave benefit with respect to a qualified child, 
the 1-year period beginning with the month after the 
month in which the birth or adoption of the qualified 
child occurs. 
‘‘(d) BENEFIT APPLICATION.— 
‘‘(1) IN
GENERAL.—The Commissioner shall 
ensure that the application for a parental leave ben-
efit— 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) includes a notice, clearly written in 
language that is easily understandable to the 
reader, explaining that— 
‘‘(i) failure to submit such proof or 
documentation as the Commissioner may 
require to demonstrate that the applicant 
is the parent of the qualified child shall be 
subject to criminal and civil penalties; 
‘‘(ii) the full cost to the Trust Funds 
of any amount received by an individual as 
a parental leave benefit must be repaid 
through reductions to old-age insurance 
benefits payable to the individual in subse-
quent months, or by other means; and 
‘‘(iii) entitlement to a parental leave 
benefit has no effect on the determination 
of an individual’s entitlement to leave 
under the Family and Medical Leave Act 
of 1993; and 
‘‘(B) requires an attestation by the indi-
vidual submitting the application that— 
‘‘(i) the individual expects to be the 
parent of a qualified child throughout the 
benefit period with respect to such applica-
tion; 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) the individual intends to use the 
benefit to finance spending more time with 
the qualified child at home and away from 
employment during the benefit period; and 
‘‘(iii) the individual consents to the 
terms and conditions specified in the notice 
described in subparagraph (A). 
‘‘(2) OPTION TO FILE SIMULTANEOUS APPLICA-
TIONS.—The Commissioner of Social Security may 
establish an option under which an individual may 
file an application for a parental leave benefit under 
this section with respect to a qualified child at the 
same time the individual submits an application for 
a Social Security account number for such qualified 
child. 
‘‘(3) ONLINE
AVAILABILITY.—The Commis-
sioner of Social Security shall, as soon as practicable 
after the date of enactment of this section, permit 
an individual to apply for a parental leave benefit 
through an internet website or other electronic 
media. 
‘‘(e) FRAUD PREVENTION.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security shall establish procedures to ensure the 
prevention of fraud with respect to applications for 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
parental leave benefits under this section, including 
procedures for the submission of such proof or docu-
mentation as the Commissioner may require to 
verify the information contained in such an applica-
tion. 
‘‘(2) ENFORCEMENT.—In any case in which an 
individual willfully, knowingly, and with intent to de-
ceive the Commissioner of Social Security fails to 
comply with the procedures established under para-
graph (1), the Commissioner may impose on such in-
dividual, in addition to any other penalties that may 
be prescribed by law— 
‘‘(A) a civil monetary penalty of not more 
than $7,500 for each such failure; and 
‘‘(B) an assessment, in lieu of any dam-
ages sustained by the United States because of 
such failure, of not more than twice the amount 
of the cost to the Federal Old-Age and Sur-
vivors Insurance Trust Fund of any parental 
leave benefit paid to the individual. 
‘‘(f) BENEFIT REPAYMENT.— 
‘‘(1) IN GENERAL.—An individual who is paid 
a parental leave benefit under this section shall 
repay the full cost of such benefit to the Federal 
Old-Age and Survivors Insurance Trust Fund (as 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
such amount is determined by the Commissioner) in 
accordance with this subsection. 
‘‘(2) OLD-AGE INSURANCE BENEFIT OFFSET.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (3), in the case of any individual de-
scribed in paragraph (1) who becomes entitled 
to an old-age insurance benefit, deductions shall 
be made from each monthly payment of such 
benefit (not to exceed the first 60 such monthly 
payments) in such amounts, subject to subpara-
graph (B), as the Commissioner of Social Secu-
rity shall determine necessary to fully recover 
the cost to the Federal Old-Age and Survivors 
Insurance Trust Fund of any parental leave 
benefit paid to the individual as of the month 
in which the individual becomes entitled to an 
old-age insurance benefit. 
‘‘(B) NOTIFICATION.—Not later than the 
beginning of each calendar year, the Commis-
sioner of Social Security shall notify each indi-
vidual whose old-age insurance benefits are sub-
ject to a deduction under subparagraph (A) 
during such calendar year of the amount of the 
deduction that will be applied to each monthly 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
payment of such benefits during the calendar 
year. 
‘‘(3) ALTERNATIVE INCREASE OF RETIREMENT 
AGE.— 
‘‘(A) IN GENERAL.—In the case of any in-
dividual described in paragraph (1) who be-
comes entitled to an old-age insurance benefit, 
such individual may elect, at the time of appli-
cation for such benefit, to be subject to a retire-
ment age increase in accordance with this para-
graph. Such election shall be irrevocable, and 
an individual who makes such an election shall 
not be subject to a deduction under paragraph 
(2) for any month. 
‘‘(B) RETIREMENT AGE INCREASE.—Not-
withstanding section 216(l)(1), with respect to 
an individual who makes an election under sub-
paragraph (A), the retirement age of such indi-
vidual shall be deemed to be— 
‘‘(i) the retirement age determined 
with respect to the individual under such 
section; plus 
‘‘(ii) the additional number of months 
the Commissioner of Social Security shall 
determine necessary to result in the full re-
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS