188 
(H) Other information the Secretary con-
siders relevant for the development of the Strat-
egy. 
(c) COORDINATION AND CONSULTATION.—In devel-
oping the Strategy, the Secretary shall— 
(1) coordinate with the Administrator of the 
Environmental Protection Agency and the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration; and 
(2) consult with— 
(A) stakeholder organizations; 
(B) health care providers and professional 
membership organizations with expertise in ma-
ternal health or environmental justice; 
(C) State and local public health depart-
ments; 
(D) licensed and accredited hospitals, birth 
centers, midwifery practices, or other health 
care providers that provide prenatal or labor 
and delivery services to vulnerable individuals; 
and 
(E) institutions of higher education, in-
cluding such institutions that are minority-serv-
ing institutions or have expertise in maternal 
health or environmental justice. 
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(d) NOTICE AND COMMENT.—At least 240 days be-
fore the date on which the Strategy is published in accord-
ance with subsection (e), the Secretary shall provide— 
(1) notice of the Strategy on a public website 
of the Department of Health and Human Services; 
and 
(2) an opportunity for public comment of at 
least 90 days. 
(e) PUBLICATION.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary shall 
publish on a public website of the Department of Health 
and Human Services— 
(1) the Strategy; 
(2) the public comments received under sub-
section (d); and 
(3) the responses of the Secretary to such pub-
lic comments. 
Subtitle L—Maternal Vaccinations 
SEC. 1921. MATERNAL VACCINATION AWARENESS AND EQ-
UITY CAMPAIGN. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’), acting through the Director of the Centers for 
Disease Control and Prevention, shall carry out a national 
campaign to— 
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(1) increase awareness of the importance of ma-
ternal vaccinations for the health of pregnant and 
postpartum individuals and their children; and 
(2) increase maternal vaccination rates, with a 
focus on communities with historically high rates of 
unvaccinated individuals. 
(b) CONSULTATION.—In carrying out the campaign 
under this subtitle, the Secretary shall consult with rel-
evant community-based organizations, health care profes-
sional associations and public health associations, State 
public health departments and local public health depart-
ments, Tribal-serving organizations, nonprofit organiza-
tions, and nationally recognized private entities. 
(c) ACTIVITIES.—The campaign under this section 
shall— 
(1) focus on increasing maternal vaccination 
rates in communities with historically high rates of 
unvaccinated individuals, including for pregnant and 
postpartum individuals from racial and ethnic mi-
nority groups; 
(2) include efforts to engage with pregnant and 
postpartum individuals in communities with histori-
cally high rates of unvaccinated individuals to seek 
input on the development and effectiveness of the 
campaign; 
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(3) provide evidence-based, culturally congruent 
resources and communications efforts; and 
(4) be carried out in partnership with trusted 
individuals and entities in communities with histori-
cally high rates of unvaccinated individuals, includ-
ing 
community-based 
organizations, 
community 
health centers, perinatal health workers, and mater-
nity care providers. 
(d) COLLABORATION.—The Secretary shall ensure 
that the information and resources developed for the cam-
paign under this section are made publicly available and 
shared with relevant Federal, State, and local entities. 
(e) EVALUATION.—Not later than the end of fiscal 
year 2026, the Secretary shall— 
(1) 
establish 
quantitative 
and 
qualitative 
metrics to evaluate the campaign under this section; 
and 
(2) submit a report detailing the campaign’s 
impact to the Congress. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$2,000,000 for each of fiscal years 2023 through 2027. 
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TITLE II—CHILDREN’S HEALTH 
INSURANCE PROGRAM PER-
MANENCY 
SEC. 
2001. 
PERMANENT 
EXTENSION 
OF 
CHILDREN’S 
HEALTH INSURANCE PROGRAM. 
(a) IN GENERAL.—Section 2104(a)(28) of the Social 
Security Act (42 U.S.C. 1397dd(a)(28)) is amended to 
read as follows: 
‘‘(28) for fiscal year 2027 and each subsequent 
year, such sums as are necessary to fund allotments 
to States under subsections (c) and (m).’’. 
(b) ALLOTMENTS.— 
(1) IN GENERAL.—Section 2104(m) of the So-
cial Security Act (42 U.S.C. 1397dd(m)) is amend-
ed— 
(A) in paragraph (2)(B)(i), by striking ‘‘,, 
2023, and 2027’’ and inserting ‘‘and 2023’’; 
(B) in paragraph (5)— 
(i) by striking ‘‘for a fiscal year’’ and 
inserting ‘‘for a fiscal year before 2027’’; 
and 
(ii) by striking ‘‘2023, or 2027’’ and 
inserting ‘‘or 2023’’; 
(C) in paragraph (7)— 
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(i) in subparagraph (A), by striking 
‘‘and ending with fiscal year 2027,’’; and 
(ii) in the flush left matter at the end, 
by striking ‘‘or fiscal year 2026’’ and in-
serting ‘‘fiscal year 2026, or a subsequent 
even-numbered fiscal year’’; 
(D) in paragraph (9)— 
(i) by striking ‘‘(10), or (11)’’ and in-
serting ‘‘or (10)’’; and 
(ii) by striking ‘‘2023, or 2027,’’ and 
inserting ‘‘or 2023’’; and 
(E) by striking paragraph (11). 
(2) 
CONFORMING
AMENDMENT.—Section 
50101(b)(2) of the Bipartisan Budget Act of 2018 
(Public Law 115–123) is repealed. 
SEC. 2002. PERMANENT EXTENSIONS OF OTHER PROGRAMS 
AND DEMONSTRATION PROJECTS. 
(a) PEDIATRIC QUALITY MEASURES PROGRAM.— 
Section 1139A(i)(1) of the Social Security Act (42 U.S.C. 
1320b–9a(i)(1)) is amended— 
(1) in subparagraph (C), by striking at the end 
‘‘and’’; 
(2) in subparagraph (D), by striking the period 
at the end and insert a semicolon; and 
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(3) by adding at the end the following new sub-
paragraphs: 
‘‘(E) for fiscal year 2028, $15,000,000 for 
the purpose of carrying out this section (other 
than subsections (e), (f), and (g)); and 
‘‘(F) for a subsequent fiscal year, the 
amount appropriated under this paragraph for 
the previous fiscal year, increased by the per-
centage increase in the consumer price index for 
all urban consumers (all items; United States 
city average) over such previous fiscal year, for 
the purpose of carrying out this section (other 
than subsections (e), (f), and (g)).’’. 
(b) EXPRESS LANE ELIGIBILITY OPTION.—Section 
1902(e)(13) of the Social Security Act (42 U.S.C. 
1396a(e)(13)) is amended by striking subparagraph (I). 
(c) ASSURANCE OF AFFORDABILITY STANDARD FOR 
CHILDREN AND FAMILIES.— 
(1) IN GENERAL.—Section 2105(d)(3) of the 
Social Security Act (42 U.S.C. 1397ee(d)(3)) is 
amended— 
(A) in the paragraph heading, by striking 
‘‘THROUGH SEPTEMBER 30, 2027’’; and 
(B) in subparagraph (A), in the matter 
preceding clause (i)— 
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(i) by striking ‘‘During the period 
that begins on the date of enactment of 
the Patient Protection and Affordable Care 
Act and ends on September 30, 2027’’ and 
inserting ‘‘Beginning on the date of the en-
actment of the Patient Protection and Af-
fordable Care Act’’; 
(ii) by striking ‘‘During the period 
that begins on October 1, 2019, and ends 
on September 30, 2027’’ and inserting 
‘‘Beginning on October 1, 2019’’; and 
(iii) by striking ‘‘The preceding sen-
tences shall not be construed as preventing 
a State during any such periods from’’ and 
inserting ‘‘The preceding sentences shall 
not be construed as preventing a State 
from’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
1902(gg)(2) of the Social Security Act (42 U.S.C. 
1396a(gg)(2)) is amended— 
(A) in the paragraph heading, by striking 
‘‘THROUGH SEPTEMBER 30, 2027’’; and 
(B) by striking ‘‘through September 30’’ 
and all that follows through ‘‘ends on Sep-
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tember 30, 2027’’ and inserting ‘‘(but begin-
ning on October 1, 2019,’’. 
(d) 
QUALIFYING
STATES
OPTION.—Section 
2105(g)(4) of the Social Security Act (42 U.S.C. 
1397ee(g)(4)) is amended— 
(1) in the paragraph heading, by striking ‘‘FOR 
FISCAL YEARS 2009 THROUGH 2027’’ and inserting 
‘‘AFTER FISCAL YEAR 2008’’; and 
(2) in subparagraph (A), by striking ‘‘for any 
of fiscal years 2009 through 2027’’ and inserting 
‘‘for any fiscal year after fiscal year 2008’’. 
(e) OUTREACH AND ENROLLMENT PROGRAM.—Sec-
tion 2113 of the Social Security Act (42 U.S.C. 1397mm) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘during 
the period of fiscal years 2009 through 2027’’ 
and inserting ‘‘, beginning with fiscal year 
2009,’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘10 percent of such 
amounts’’ and inserting ‘‘10 percent of 
such amounts for the period or the fiscal 
year for which such amounts are appro-
priated’’; and 
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(ii) by striking ‘‘during such period’’ 
and inserting ‘‘, during such period or such 
fiscal year,’’; and 
(C) in paragraph (3), by striking ‘‘For the 
period of fiscal years 2024 through 2027, an 
amount equal to 10 percent of such amounts’’ 
and inserting ‘‘Beginning with fiscal year 2024, 
an amount equal to 10 percent of such amounts 
for the period or the fiscal year for which such 
amounts are appropriated’’; and 
(2) in subsection (g)— 
(A) by striking ‘‘2017,,’’ and inserting 
‘‘2017,’’; 
(B) by striking ‘‘and $48,000,000’’ and in-
serting ‘‘$48,000,000’’; and 
(C) by inserting after ‘‘through 2027’’ the 
following: ‘‘, $12,000,000 for fiscal year 2028, 
and, for each fiscal year after fiscal year 2028, 
the amount appropriated under this subsection 
for the previous fiscal year, increased by the 
percentage increase in the consumer price index 
for all urban consumers (all items; United 
States city average) over such previous fiscal 
year’’. 
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(f) CHILD ENROLLMENT CONTINGENCY FUND.— 
Section 2104(n) of the Social Security Act (42 U.S.C. 
1397dd(n)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(ii)— 
(i) by striking ‘‘and 2024 through 
2026’’ and inserting ‘‘beginning with fiscal 
year 2024’’; and 
(ii) by striking ‘‘2023, and 2027’’ and 
inserting ‘‘, and 2023’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘2024 through 2026’’ 
and inserting ‘‘beginning with fiscal year 
2024’’; and 
(ii) by striking ‘‘2023, and 2027’’ and 
inserting ‘‘, and 2023’’; and 
(2) in paragraph (3)(A)— 
(A) by striking ‘‘fiscal years 2024 through 
2026’’ and inserting ‘‘fiscal year 2024 or any 
subsequent fiscal year’’; and 
(B) by striking ‘‘2023, or 2027’’ and in-
serting ‘‘, or 2023’’. 
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SEC. 2003. STATE OPTION TO INCREASE CHILDREN’S ELIGI-
BILITY FOR MEDICAID AND CHIP. 
Section 2110(b)(1)(B)(ii) of the Social Security Act 
(42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended— 
(1) in subclause (II), by striking ‘‘or’’ at the 
end; 
(2) in subclause (III), by striking ‘‘and’’ at the 
end and inserting ‘‘or’’; and 
(3) by inserting after subclause (III) the fol-
lowing new subclause: 
‘‘(IV) at the option of the State, 
whose family income exceeds the maximum 
income level otherwise established for chil-
dren under the State child health plan as 
of the date of the enactment of this sub-
clause; and’’. 
TITLE III—FAMILY AND 
MEDICAL LEAVE 
SEC. 3001. DEFINITIONS. 
In this title, the following definitions apply: 
(1) CAREGIVING
DAY.—The term ‘‘caregiving 
day’’ means, with respect to an individual, a cal-
endar day in which the individual engaged in quali-
fied caregiving. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
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disregarding any caregiving day of the individual oc-
curring during any month in the benefit period after 
the first 20 caregiving days of the individual occur-
ring during such month. 
SEC. 3002. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. 
(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished within the Social Security Administration an office 
to be known as the Office of Paid Family and Medical 
Leave. The Office shall be headed by a Deputy Commis-
sioner who shall be appointed by the Commissioner. 
(b) 
RESPONSIBILITIES
OF
DEPUTY
COMMIS-
SIONER.—The Commissioner, acting through the Deputy 
Commissioner, shall be responsible for— 
(1) hiring personnel and making employment 
decisions with regard to such personnel; 
(2) issuing such regulations as may be nec-
essary to carry out the purposes of this title; 
(3) entering into cooperative agreements with 
other agencies and departments to ensure the effi-
ciency of the administration of the program; 
(4) determining eligibility for family and med-
ical leave insurance benefits under section 3003; 
(5) determining benefit amounts for each 
month of such eligibility and making timely pay-
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ments of such benefits to entitled individuals in ac-
cordance with such section; 
(6) establishing and maintaining a system of 
records relating to the administration of such sec-
tion; 
(7) preventing fraud and abuse relating to such 
benefits; 
(8) providing information on request regarding 
eligibility requirements, the claims process, benefit 
amounts, maximum benefits payable, notice require-
ments, nondiscrimination rights, confidentiality, co-
ordination of leave under this title and other laws, 
collective bargaining agreements, and employer poli-
cies; 
(9) annually providing employers a notice in-
forming employees of the availability of such bene-
fits; 
(10) annually making available to the public a 
report that includes the number of individuals who 
received such benefits, the purposes for which such 
benefits were received, and an analysis of utilization 
rates of such benefits by gender, race, ethnicity, and 
income levels; and 
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(11) tailoring culturally and linguistically com-
petent education and outreach toward increasing uti-
lization rates of benefits under such section. 
(c) AVAILABILITY
OF DATA.—The Commissioner 
shall make available to the Deputy Commissioner such 
data as the Commissioner determines necessary to enable 
the Deputy Commissioner to effectively carry out the re-
sponsibilities described in subsection (b). 
SEC. 3003. FAMILY AND MEDICAL LEAVE INSURANCE BEN-
EFIT PAYMENTS. 
(a) IN GENERAL.—Every individual who— 
(1) is insured for disability insurance benefits 
(as determined under section 223(c) of the Social 
Security Act (42 U.S.C. 423(c))) at the time such 
individual’s application is filed; 
(2) has earned income from employment during 
the 12 months prior to the month in which the ap-
plication is filed; 
(3) has filed an application for a family and 
medical leave insurance benefit in accordance with 
subsection (d); and 
(4) was engaged in qualified caregiving, or an-
ticipates being so engaged, during the period that 
begins 90 days before the date on which such appli-
cation is filed or within 30 days after such date, 
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shall be entitled to such a benefit for each month in the 
benefit period specified in subsection (c), not to exceed 60 
caregiving days per benefit period. 
(b) BENEFIT AMOUNT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the benefit amount to which 
an individual is entitled under this section for a 
month shall be an amount equal to the greater of— 
(A) the lesser of 1⁄18 of the wages and self- 
employment income of the individual for the 
calendar year in which such wages and self-em-
ployment income are the highest among the 
most recent three calendar years, or the max-
imum benefit amount determined under para-
graph (2); or 
(B) the minimum benefit amount deter-
mined under paragraph (2), 
multiplied by the quotient (not greater than 1) ob-
tained by dividing the number of caregiving days of 
the individual in such month by 20. 
(2) ANNUAL INCREASE OF MAXIMUM AND MIN-
IMUM BENEFIT AMOUNTS.— 
(A) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in the first full calendar year after the 
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date of enactment of this Act, the maximum 
monthly benefit amount and the minimum 
monthly benefit amount shall be $4,000 and 
$580, respectively. 
(B) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in any calendar year after such first 
full calendar year the maximum benefit amount 
and the minimum benefit amount shall be, re-
spectively, the product of the corresponding 
amount determined with respect to the first cal-
endar year under subparagraph (A) and the 
quotient obtained by dividing— 
(i) the national average wage index 
(as defined in section 209(k)(1) of the So-
cial Security Act (42 U.S.C. 409(k)(1))) 
for the second calendar year preceding the 
calendar year for which the determination 
is made, by 
(ii) the national average wage index 
(as so defined) for the calendar year imme-
diately preceding the calendar year in 
which occurs the date of enactment of this 
Act. 
(3) LIMITATIONS ON BENEFITS PAID.— 
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(A) NONPAYABLE WAITING PERIOD.—Any 
calendar day during an individual’s benefit pe-
riod which occurs before the expiration of an 
initial waiting period shall not be taken into ac-
count under this subsection as a caregiving day 
of the individual. 
(B) LIMITATION
ON
TOTAL
BENEFITS 
PAID.—Any calendar day during an individual’s 
benefit period which occurs after the expiration 
of a 60-day limitation period shall not be taken 
into account under this subsection as a 
caregiving day of the individual. 
(4) REDUCTION IN BENEFIT AMOUNT ON AC-
COUNT OF RECEIPT OF CERTAIN BENEFITS.—A ben-
efit under this section for a month shall be reduced 
by the amount, if any, in certain benefits (as deter-
mined under regulations issued by the Commis-
sioner) as may be otherwise received by an indi-
vidual. For purposes of the preceding sentence, cer-
tain benefits include— 
(A) periodic benefits on account of such in-
dividual’s total or partial disability under a 
workmen’s compensation law or plan of the 
United States or a State; and 
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(B) periodic benefits on account of an indi-
vidual’s employment status under an unemploy-
ment law or plan of the United States or a 
State. 
(5) COORDINATION OF BENEFIT AMOUNT WITH 
CERTAIN
STATE
BENEFITS.—A benefit received 
under this section shall be coordinated, in a manner 
determined by regulations issued by the Commis-
sioner, with the periodic benefits received from tem-
porary disability insurance or family leave insurance 
programs under any law or plan of a State, a polit-
ical subdivision (as that term is used in section 
218(b)(2) of the Social Security Act (42 U.S.C. 
418(b)(2))), or an instrumentality of two or more 
States (as that term is used in section 218(g) of 
such Act of the Social Security Act (42 U.S.C. 
418(g))). 
(c) BENEFIT PERIOD.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the benefit period specified in this sub-
section shall begin on the 1st day of the 1st month 
in which the individual meets the criteria specified in 
paragraphs (1), (2), and (3) of subsection (a), and 
shall end on the date that is 365 days after the 1st 
day of the benefit period. 
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(2) RETROACTIVE BENEFITS.—In the case of 
an application for benefits under this section for 
qualified caregiving in which the individual was en-
gaged at any time during the 90-day period pre-
ceding the date on which such application is sub-
mitted, the benefit period specified in this subsection 
shall begin on the later of— 
(A) the 1st day of the 1st month in which 
the individual engaged in such qualified 
caregiving; or 
(B) the 1st day of the 1st month that be-
gins during such 90-day period, 
and shall end on the date that is 365 days after the 
1st day of the benefit period. 
(d) APPLICATION.—An application for a family and 
medical leave insurance benefit shall include— 
(1) a statement that the individual was engaged 
in qualified caregiving, or anticipates being so en-
gaged, during the period that begins 90 days before 
the date on which the application is submitted or 
within 30 days after such date; 
(2) if the qualified caregiving described in the 
statement in paragraph (1) is engaged in by the in-
dividual because of a serious health condition of the 
individual or a relative of the individual, a certifi-
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210 
cation, issued by the health care provider treating 
such serious health condition, that affirms the infor-
mation specified in paragraph (1) and contains such 
information as the Commissioner shall specify in 
regulations, which shall be no more than the infor-
mation that is required to be stated under section 
103(b) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2613(b)); 
(3) if such qualified caregiving is engaged in by 
the individual for any other authorized reason, a cer-
tification, issued by a relevant authority determined 
under regulations issued by the Commissioner, that 
affirms the circumstances giving rise to such reason; 
and 
(4) an attestation from the applicant that his or 
her employer has been provided with written notice 
of the individual’s intention to take family or med-
ical leave, if the individual has an employer, or to 
the Commissioner in all other cases. 
(e) INELIGIBILITY; DISQUALIFICATION.— 
(1) INELIGIBILITY
FOR
BENEFIT.—An indi-
vidual shall be ineligible for a benefit under this sec-
tion for any month for which the individual is enti-
tled to— 
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(A) disability insurance benefits under sec-
tion 223 of the Social Security Act (42 U.S.C. 
423) or a similar permanent disability program 
under any law or plan of a State or political 
subdivision or instrumentality of a State (as 
such terms are used in section 218 of the Social 
Security Act (42 U.S.C. 418)); 
(B) monthly insurance benefits under sec-
tion 202 of such Act (42 U.S.C. 402) based on 
such individual’s disability (as defined in sec-
tion 223(d) of such Act (42 U.S.C. 423(d))); or 
(C) benefits under title XVI of such Act 
(42 U.S.C. 1381 et seq.) based on such individ-
ual’s status as a disabled individual (as deter-
mined under section 1614 of such Act (42 
U.S.C. 1382c)). 
(2) DISQUALIFICATION.—An individual who has 
been convicted of a violation under section 208 of 
the Social Security Act (42 U.S.C. 408) or who has 
been found to have used false statements to secure 
benefits under this section, shall be ineligible for 
benefits under this section for a 1-year period fol-
lowing the date of such conviction. 
(f) REVIEW OF ELIGIBILITY AND BENEFIT PAYMENT 
DETERMINATIONS.— 
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(1) ELIGIBILITY DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall provide notice to an individual applying 
for benefits under this section of the initial de-
termination of eligibility for such benefits, and 
the estimated benefit amount for a month in 
which one caregiving day of the individual oc-
curs, as soon as practicable after the applica-
tion is received. 
(B) REVIEW.—An individual may request 
review of an initial adverse determination with 
respect to such application at any time before 
the end of the 20-day period that begins on the 
date notice of such determination is received, 
except that such 20-day period may be extended 
for good cause. As soon as practicable after the 
individual requests review of the determination, 
the Commissioner shall provide notice to the in-
dividual of a final determination of eligibility 
for benefits under this section. 
(2) BENEFIT PAYMENT DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall make any monthly benefit payment to an 
individual claiming benefits for a month under 
this section, or provide notice of the reason 
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214 
ment to the individual of any additional amount 
not included in the initial payment to the indi-
vidual for such month to which the Commis-
sioner determines the individual is entitled. 
(3) BURDEN
OF
PROOF.—An application for 
benefits under this section and a monthly benefit 
claim report of an individual shall each be presumed 
to be true and accurate, unless the Commissioner 
demonstrates by a preponderance of the evidence 
that information contained in the application is 
false. 
(4) DEFINITION OF MONTHLY BENEFIT CLAIM 
REPORT.—For purposes of this subsection, the term 
‘‘monthly benefit claim report’’ means, with respect 
to an individual for a month, the individual’s report 
to the Commissioner of the number of caregiving 
days of the individual in such month, which shall be 
filed no later than 15 days after the end of each 
month. 
(5) REVIEW.—All final determinations of the 
Commissioner under this subsection shall be review-
able according to the procedures set out in section 
205 of the Social Security Act (42 U.S.C. 405). 
(g) RELATIONSHIP WITH STATE LAW; EMPLOYER 
BENEFITS.— 
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(1) IN GENERAL.—This section does not pre-
empt or supercede any provision of State or local 
law that authorizes a State or local municipality to 
provide paid family and medical leave benefits simi-
lar to the benefits provided under this section. 
(2) GREATER
BENEFITS
ALLOWED.—Nothing 
in this title shall be construed to diminish the obli-
gation of an employer to comply with any contract, 
collective bargaining agreement, or any employment 
benefit program or plan that provides greater paid 
leave or other leave rights to employees than the 
rights established under this title. 
(h) PROHIBITED ACTS; ENFORCEMENT.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to discharge or in any other manner discrimi-
nate against an individual because the individual has 
applied for, indicated an intent to apply for, or re-
ceived family and medical leave insurance benefits. 
(2) CIVIL ACTION BY AN INDIVIDUAL.— 
(A) LIABILITY.—Any person who violates 
paragraph (1) shall be liable to any individual 
employed by such person who is affected by the 
violation— 
(i) for damages equal to the sum of— 
(I) the amount of— 
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(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost to the in-
dividual, any actual monetary 
losses sustained by the individual 
as a direct result of the violation, 
such as the cost of providing 
care, up to a sum equal to 60 
calendar days of wages or salary 
for the individual; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages equal to the sum of 
the amount described in subclause (I) 
and the interest described in sub-
clause (II), except that if a person 
who has violated paragraph (1) proves 
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to the satisfaction of the court that 
the act or omission which violated 
paragraph (1) was in good faith and 
that 
the 
person 
had 
reasonable 
grounds for believing that the act or 
omission was not a violation of para-
graph (1), such court may, in the dis-
cretion of the court, reduce the 
amount of the liability to the amount 
and interest determined under sub-
clauses (I) and (II), respectively; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (A) may be maintained against 
any person in any Federal or State court of 
competent jurisdiction by any individual for and 
on behalf of— 
(i) the individual; or 
(ii) the individual and other individ-
uals similarly situated. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
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218 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any individual shall terminate— 
(i) on the filing of a complaint by the 
Commissioner in an action under para-
graph (5) in which restraint is sought of 
any further delay in the payment of the 
amount described in subparagraph (A)(I) 
to such individual by the person respon-
sible under subparagraph (A) for the pay-
ment; or 
(ii) on the filing of a complaint by the 
Commissioner in an action under para-
graph (3) in which a recovery is sought of 
the damages described in subparagraph 
(A)(I) owing to an individual by a person 
liable under subparagraph (A), 
unless the action described in clause (i) or (ii) 
is dismissed without prejudice on motion of the 
Commissioner. 
(3) ACTION BY THE COMMISSIONER.— 
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219 
(A) CIVIL
ACTION.—The Commissioner 
may bring an action in any court of competent 
jurisdiction to recover the damages described in 
paragraph (2)(A)(I). 
(B) SUMS RECOVERED.—Any sums recov-
ered by the Commissioner pursuant to subpara-
graph (A) shall be held in a special deposit ac-
count and shall be paid, on order of the Com-
missioner, directly to each individual affected. 
Any such sums not paid to an individual be-
cause of inability to do so within a period of 3 
years shall be deposited into the Federal Family 
and Medical Leave Insurance Trust Fund. 
(4) LIMITATION.— 
(A) IN
GENERAL.—An action may be 
brought under this subsection not later than 3 
years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) COMMENCEMENT.—An action brought 
by the Commissioner under this subsection shall 
be considered to be commenced on the date 
when the complaint is filed. 
(5) ACTION
FOR
INJUNCTION
BY
COMMIS-
SIONER.—The district courts of the United States 
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shall have jurisdiction, for cause shown, in an action 
brought by the Commissioner— 
(A) to restrain violations of paragraph (1), 
including the restraint of any withholding of 
payment of wages, salary, employment benefits, 
or other compensation, plus interest, found by 
the court to be due to an individual; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(i) SPECIAL RULE FOR RAILROAD EMPLOYEES.—For 
purposes of subsection (a)(1), an individual shall be 
deemed to be insured for disability insurance benefits if 
the individual would be so insured if the individual’s serv-
ice as an employee (as defined in the section 1(b) of the 
Railroad Retirement Act of 1974) after December 31, 
1936, were included within the meaning of the term ‘‘em-
ployment’’ for purposes of title II of the Social Security 
Act (42 U.S.C. 401 et seq.). 
(j) DETERMINATION
OF WHETHER
AN ACTIVITY 
CONSTITUTES QUALIFIED CAREGIVING.— 
(1) IN GENERAL.—For purposes of determining 
whether an activity engaged in by an individual con-
stitutes qualified caregiving under this section— 
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(A) the term ‘‘spouse’’ (as used in section 
102(a) of the Family and Medical Leave Act 
(29 U.S.C. 2612(a))) includes the individual’s 
domestic partner; and 
(B) the term ‘‘son or daughter’’ (as used 
in such section) includes a son or daughter (as 
defined in section 101 of such Act) of the indi-
vidual’s domestic partner. 
(2) DOMESTIC PARTNER.— 
(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘‘domestic partner’’, with 
respect to an individual, means another indi-
vidual with whom the individual is in a com-
mitted relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between two individuals 
(each at least 18 years of age) in which each 
individual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility for a significant measure of each other’s 
common welfare. The term includes any such 
relationship between two individuals, including 
individuals of the same sex, that is granted 
legal recognition by a State or political subdivi-
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222 
sion of a State as a marriage or analogous rela-
tionship, including a civil union or domestic 
partnership. 
(k) APPLICABILITY OF CERTAIN SOCIAL SECURITY 
ACT PROVISIONS.—The provisions of sections 204, 205, 
206, and 208 of the Social Security Act shall apply to 
benefit payments authorized by and paid out pursuant to 
this section in the same way that such provisions apply 
to benefit payments authorized by and paid out pursuant 
to title II of such Act. 
(l) EFFECTIVE DATE FOR APPLICATIONS.—Applica-
tions described in this section may be filed beginning 18 
months after the date of enactment of this Act. 
SEC. 3004. ESTABLISHMENT OF FAMILY AND MEDICAL 
LEAVE INSURANCE TRUST FUND. 
(a) IN GENERAL.—There is hereby created on the 
books of the Treasury of the United States a trust fund 
to be known as the ‘‘Federal Family and Medical Leave 
Insurance Trust Fund’’. The Federal Family and Medical 
Leave Insurance Trust Fund shall consist of such gifts 
and bequests as may be made as provided in section 
201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) 
and such amounts as may be appropriated to, or deposited 
in, the Federal Family and Medical Leave Insurance 
Trust Fund as provided in this section. 
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223 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Federal Family and Medical 
Leave Insurance Trust Fund out of moneys in the 
Treasury not otherwise appropriated— 
(A) for the first three fiscal years begin-
ning after the date of enactment of this Act, 
such sums as may be necessary for the Com-
missioner to administer the office established 
under section 3002 and pay the benefits under 
section 3003; 
(B) 100 percent of the taxes imposed by 
sections 3101(c) and 3111(c) of the Internal 
Revenue Code of 1986 with respect to wages 
(as defined in section 3121 of such Code) re-
ported to the Secretary of the Treasury pursu-
ant to subtitle F of such Code, as determined 
by the Secretary of the Treasury by applying 
the applicable rate of tax under such sections to 
such wages; 
(C) 100 percent of the taxes imposed by 
section 1401(c) of such Code with respect to 
self-employment income (as defined in section 
1402 of such Code) reported to the Secretary of 
the Treasury on tax returns under subtitle F of 
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224 
such Code, as determined by the Secretary of 
the Treasury by applying the applicable rate of 
tax under such section to such self-employment 
income; and 
(D) 100 percent of the taxes imposed by 
sections 3201(c), 3211(c), and 3221(c) of such 
Code with respect to compensation (as defined 
in section 3231 of such Code) reported to the 
Secretary of the Treasury on tax returns under 
subtitle F of such Code, as determined by the 
Secretary of the Treasury by applying the ap-
plicable rate of tax under such sections to such 
compensation. 
(2) REPAYMENT OF INITIAL APPROPRIATION.— 
Amounts appropriated pursuant to subparagraph 
(A) of paragraph (1) shall be repaid to the Treasury 
of the United States not later than 10 years after 
the first appropriation is made pursuant to such 
subparagraph. 
(3) TRANSFER TO TRUST FUND.—The amounts 
described in paragraph (2) shall be transferred from 
time to time from the general fund in the Treasury 
to the Federal Family and Medical Leave Insurance 
Trust Fund, such amounts to be determined on the 
basis of estimates by the Secretary of the Treasury 
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225 
of the taxes, specified in such paragraph, paid to or 
deposited into the Treasury. Proper adjustments 
shall be made in amounts subsequently transferred 
to the extent prior estimates were inconsistent with 
the taxes specified in such paragraph. 
(c) MANAGEMENT OF TRUST FUND.—The provisions 
of subsections (c), (d), (e), (f), (i), and (m) of section 201 
of the Social Security Act (42 U.S.C. 401) shall apply with 
respect to the Federal Family and Medical Leave Insur-
ance Trust Fund in the same manner as such provisions 
apply to the Federal Old-Age and Survivors Insurance 
Trust Fund and the Disability Insurance Trust Fund. 
(d) BENEFITS PAID FROM TRUST FUND.—Benefit 
payments required to be made under section 3003 shall 
be made only from the Federal Family and Medical Leave 
Insurance Trust Fund. 
(e) ADMINISTRATION.—There are authorized to be 
made available for expenditure, out of the Federal Family 
and Medical Leave Insurance Trust Fund, such sums as 
may be necessary to pay the costs of the administration 
of section 3003, including start-up costs, technical assist-
ance, outreach, education, evaluation, and reporting. 
(f) PROHIBITION.—No funds from the Social Secu-
rity Trust Fund or appropriated to the Social Security Ad-
ministration to administer Social Security programs may 
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226 
be used for Federal Family and Medical Leave Insurance 
benefits or administration set forth under this title. 
SEC. 3005. INTERNAL REVENUE CODE PROVISIONS. 
(a) IN GENERAL.— 
(1) EMPLOYEE CONTRIBUTION.—Section 3101 
of the Internal Revenue Code of 1986 is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of every indi-
vidual a tax equal to the applicable percentage of the 
wages (as defined in section 3121(a)) received by the 
individual with respect to employment (as defined in 
section 3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of wages received in 
any calendar year.’’. 
(2) EMPLOYER CONTRIBUTION.—Section 3111 
of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
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227 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on every employer an excise 
tax, with respect to having individuals in his employ, 
equal to the applicable percentage of the wages (as 
defined in section 3121(a)) paid by the employer 
with respect to employment (as defined in section 
3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of wages paid in any 
calendar year.’’. 
(3) SELF-EMPLOYMENT
INCOME
CONTRIBU-
TION.— 
(A) IN GENERAL.—Section 1401 of such 
Code is amended— 
(i) by redesignating subsection (c) as 
subsection (d); and 
(ii) by inserting after subsection (b) 
the following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed for each taxable year, on the 
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228 
self-employment income of every individual, a tax 
equal to the applicable percentage of the amount of 
the self-employment income for such taxable year. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.4 percent in the case of self-employment in-
come in any taxable year.’’. 
(B) EXCLUSION OF CERTAIN NET EARN-
INGS
FROM
SELF-EMPLOYMENT.—Section 
1402(b)(1) of such Code is amended by striking 
‘‘tax imposed by section 1401(a)’’ and inserting 
‘‘taxes imposed by subsections (a) and (c) of 
section 1401’’. 
(b) RAILROAD RETIREMENT TAX ACT.— 
(1) EMPLOYEE CONTRIBUTION.—Section 3201 
of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of each em-
ployee a tax equal to the applicable percentage of 
the compensation received during any calendar year 
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229 
by such employee for services rendered by such em-
ployee. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation re-
ceived in any calendar year.’’. 
(2) EMPLOYEE
REPRESENTATIVE
CONTRIBU-
TION.—Section 3211 of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of each em-
ployee representative a tax equal to the applicable 
percentage of the compensation received during any 
calendar year by such employee representative for 
services rendered by such employee representative. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation re-
ceived in any calendar year.’’. 
(3) EMPLOYER CONTRIBUTION.—Section 3221 
of such Code is amended— 
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230 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on every employer an excise 
tax, with respect to having individuals in his employ, 
equal to the applicable percentage of the compensa-
tion paid during any calendar year by such employer 
for services rendered to such employer. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation paid 
in any calendar year.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 6413(c) of the Internal Revenue 
Code of 1986 is amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, section 3101(c),’’ 
after ‘‘by section 3101(a)’’; and 
(ii) by striking ‘‘both’’ and inserting 
‘‘each’’; and 
(B) in paragraph (2), by inserting ‘‘or 
3101(c)’’ after ‘‘3101(a)’’ each place it appears. 
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231 
(2) Section 15(a) of the Railroad Retirement 
Act of 1974 (45 U.S.C. 231n(a)) is amended by in-
serting ‘‘(other than sections 3201(c), 3211(c), and 
3221(c))’’ before the period at the end. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 120 days after the date of 
the enactment of this Act. 
SEC. 3006. REGULATIONS. 
The Commissioner, in consultation with the Secretary 
of Labor, shall prescribe regulations necessary to carry out 
this title. In developing such regulations, the Commis-
sioner shall consider the input from a volunteer advisory 
body comprised of not more than 15 individuals, including 
experts in the relevant subject matter and officials charged 
with implementing State paid family and medical leave in-
surance programs. The Commissioner shall take such pro-
grams into account when proposing regulations. Such indi-
viduals shall be appointed as follows: 
(1) Five individuals to be appointed by the 
President. 
(2) Three individuals to be appointed by the 
majority leader of the Senate. 
(3) Two individuals to be appointed by the mi-
nority leader of the Senate. 
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(4) Three individuals to be appointed by the 
Speaker of the House of Representatives. 
(5) Two individuals to be appointed by the mi-
nority leader of the House of Representatives. 
SEC. 3007. GAO STUDY. 
As soon as practicable after calendar year 2025, the 
Comptroller General shall submit to Congress a report on 
family and medical leave insurance benefits paid under 
section 3003 for any month during the 1-year period be-
ginning on January 1, 2025. The report shall include the 
following: 
(1) An identification of the total number of ap-
plications for such benefits filed for any month dur-
ing such 1-year period, and the average number of 
days occurring in the period beginning on the date 
on which such an application is received and ending 
on the date on which the initial determination of eli-
gibility with respect to the application is made. 
(2) An identification of the total number of re-
quests for review of an initial adverse determination 
of eligibility for such benefits made during such 1- 
year period, and the average number of days occur-
ring in the period beginning on the date on which 
such review is requested and ending on the date on 
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which the final determination of eligibility with re-
spect to such review is made. 
(3) An identification of the total number of 
monthly benefit claim reports for such benefits filed 
during such 1-year period, and the average number 
of days occurring in the period beginning on the 
date on which such a claim report is received and 
ending on the date on which the initial determina-
tion of eligibility with respect to the claim report is 
made. 
(4) An identification of the total number of re-
quests for review of an initial adverse determination 
relating to a monthly benefit claim report for such 
benefits made during such 1-year period, and the av-
erage number of days occurring in the period begin-
ning on the date on which such review is requested 
and ending on the date on which the final deter-
mination of eligibility with respect to such review is 
made. 
(5) An identification of any excessive delay in 
any of the periods described in paragraphs (1) 
through (4), and a description of the causes for such 
delay. 
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TITLE IV—FULLY REFUNDABLE 
CHILD TAX CREDIT 
SEC. 4001. ESTABLISHMENT OF FULLY REFUNDABLE CHILD 
TAX CREDIT. 
(a) ELIMINATION OF EXISTING CHILD TAX CRED-
IT.—Subpart A of part IV of subchapter A of chapter 1 
of subtitle A of the Internal Revenue Code of 1986 is 
amended by striking section 24. 
(b) ESTABLISHMENT
OF
FULLY
REFUNDABLE 
CHILD TAX CREDIT.—Subpart C of part IV of subchapter 
A of chapter 1 of subtitle A of such Code is amended by 
inserting after section 36B the following new section: 
‘‘SEC. 36C. CHILD TAX CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible individual, there shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an 
amount equal to the sum of— 
‘‘(1) with respect to each qualifying child of the 
taxpayer who has attained 6 years of age before the 
close of such taxable year and for which the tax-
payer is allowed a deduction under section 151, an 
amount equal to $3,000, and 
‘‘(2) with respect to each qualifying child of the 
taxpayer who has not attained 6 years of age before 
the close of such taxable year and for which the tax-
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payer is allowed a deduction under section 151, an 
amount equal to 120 percent of the dollar amount 
in paragraph (1). 
‘‘(b) LIMITATION.— 
‘‘(1) IN GENERAL.—The amount of the credit 
allowable under subsection (a) shall be reduced (but 
not below zero) by the applicable amount for each 
$1,000 (or fraction thereof) by which the taxpayer’s 
modified adjusted gross income exceeds the thresh-
old amount. For purposes of the preceding sentence, 
the term ‘modified adjusted gross income’ means ad-
justed gross income increased by any amount ex-
cluded from gross income under section 911, 931, or 
933. 
‘‘(2) THRESHOLD AMOUNT.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph 
(1), 
the 
term 
‘threshold 
amount’ 
means— 
‘‘(i) $180,000 in the case of a joint 
return, 
‘‘(ii) $130,000 in the case of an indi-
vidual who is not married, and 
‘‘(iii) $90,000 in the case of a married 
individual filing a separate return. 
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‘‘(B) MARITAL STATUS.—For purposes of 
this paragraph, marital status shall be deter-
mined under section 7703. 
‘‘(3) APPLICABLE AMOUNT.—For purposes of 
paragraph (1), the term ‘applicable amount’ means 
an amount equal to the quotient of— 
‘‘(A) the amount of the credit allowable 
under subsection (a), as determined without re-
gard to this subsection, divided by 
‘‘(B) an amount equal to the product of— 
‘‘(i) $20, multiplied by 
‘‘(ii) the total number of qualifying 
children of the taxpayer. 
‘‘(c) QUALIFYING CHILD.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—The term ‘qualifying child’ 
means a qualifying child of the taxpayer (as defined 
in section 152(c)) who has not attained 18 years of 
age. 
‘‘(2) EXCEPTION
FOR
CERTAIN
NON-CITI-
ZENS.—The term ‘qualifying child’ shall not include 
any individual who would not be a dependent if sub-
paragraph (A) of section 152(b)(3) were applied 
without regard to all that follows ‘resident of the 
United States’. 
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‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, the term ‘eligible individual’ means, with respect 
to any taxable year, any individual if such individual’s 
principal place of abode is in the United States (as deter-
mined under section 32(c)(4)) for more than one-half of 
such taxable year. 
‘‘(e) INFLATION ADJUSTMENT.— 
‘‘(1) IN GENERAL.—In the case of any taxable 
year beginning after 2022, the $3,000 amount in 
subsection (a)(1) shall be increased by an amount 
equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment deter-
mined under paragraph (2) for the calendar 
year in which the taxable year begins. 
‘‘(2) COST-OF-LIVING ADJUSTMENT.—For pur-
poses of paragraph (1), the cost-of-living adjustment 
for any calendar year is the percentage (if any) by 
which— 
‘‘(A) the CPI for the preceding calendar 
year (as determined pursuant to section 
1(f)(4)), exceeds 
‘‘(B) the CPI for calendar year 2021. 
‘‘(3) ROUNDING.—If any increase determined 
under paragraph (1) is not a multiple of $50, such 
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increase shall be rounded to the nearest multiple of 
$50. 
‘‘(f) PARTIAL NON-REFUNDABLE CREDIT ALLOWED 
FOR CERTAIN OTHER DEPENDENTS.— 
‘‘(1) IN GENERAL.—In the case of a taxable 
year beginning after December 31, 2021, and before 
January 1, 2026, the aggregate credits allowed to a 
taxpayer under subpart A shall be increased by $500 
for each dependent of the taxpayer (as defined in 
section 152) other than a qualifying child described 
in subsection (c). The amount of the credit allowed 
under this subsection shall not be treated as a credit 
allowed under this subpart. 
‘‘(2) EXCEPTION FOR CERTAIN NONCITIZENS.— 
Paragraph (1) shall not apply with respect to any 
individual who would not be a dependent if subpara-
graph (A) of section 152(b)(3) were applied without 
regard to all that follows ‘resident of the United 
States’. 
‘‘(3) LIMITATION.— 
‘‘(A) IN
GENERAL.—The amount of the 
credit allowable under paragraph (1) shall be 
reduced (but not below zero) by $50 for each 
$1,000 (or fraction thereof) by which the tax-
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payer’s modified adjusted gross income exceeds 
the threshold amount. 
‘‘(B) MODIFIED
ADJUSTED
GROSS
IN-
COME.—For purposes of subparagraph (A), the 
term ‘modified adjusted gross income’ means 
adjusted gross income increased by any amount 
excluded from gross income under section 911, 
931, or 933. 
‘‘(C) THRESHOLD AMOUNT.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A), the term ‘threshold 
amount’ means— 
‘‘(I) $200,000 in the case of a 
joint return, 
‘‘(II) $150,000 in the case of an 
individual who is not married, and 
‘‘(III) $100,000 in the case of a 
married individual filing a separate 
return. 
‘‘(ii) MARITAL
STATUS.—For pur-
poses of this subparagraph, marital status 
shall be determined under section 7703. 
‘‘(g) IDENTIFICATION REQUIREMENTS.— 
‘‘(1) QUALIFYING
CHILD
AND
DEPENDENT 
IDENTIFICATION REQUIREMENT.—No credit shall be 
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allowed under this section to a taxpayer with respect 
to any qualifying child or dependent unless the tax-
payer includes the name and taxpayer identification 
number of such qualifying child or dependent on the 
return of tax for the taxable year and such taxpayer 
identification number was issued on or before the 
due date for filing such return. 
‘‘(2) TAXPAYER
IDENTIFICATION
REQUIRE-
MENT.—No credit shall be allowed under this section 
if the taxpayer identification number of the taxpayer 
was issued after the due date for filing the return 
for the taxable year. 
‘‘(h) TAXABLE YEAR MUST BE FULL TAXABLE 
YEAR.—Except in the case of a taxable year closed by rea-
son of the death of the taxpayer, no credit shall be allow-
able under this section in the case of a taxable year cov-
ering a period of less than 12 months. 
‘‘(i) RESTRICTIONS ON TAXPAYERS WHO IMPROP-
ERLY CLAIMED CREDIT IN PRIOR YEAR.— 
‘‘(1) TAXPAYERS MAKING PRIOR FRAUDULENT 
OR RECKLESS CLAIMS.— 
‘‘(A) IN GENERAL.—No credit shall be al-
lowed under this section for any taxable year in 
the disallowance period. 
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‘‘(j) RECONCILIATION
OF CREDIT
AND ADVANCE 
CREDIT.— 
‘‘(1) IN GENERAL.—The amount of the credit 
allowed under this section to any taxpayer for any 
taxable year shall be reduced (but not below zero) by 
the aggregate amount of payments made under sec-
tion 7527A to such taxpayer during such taxable 
year. 
‘‘(2) EXCESS ADVANCE PAYMENTS.—If the ag-
gregate amount of payments under section 7527A to 
the taxpayer during the taxable year exceeds the 
amount of the credit allowed under this section to 
such taxpayer for such taxable year (determined 
without regard to paragraph (1)), the tax imposed 
by this chapter for such taxable year shall be in-
creased by the amount of such excess.’’. 
(c) ADVANCE PAYMENT OF CREDIT.—Section 7527A 
of such Code is amended to read as follows: 
‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 
‘‘(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this section, the Secretary shall 
establish a program for making monthly payments to tax-
payers which, in the aggregate during any calendar year, 
equal the annual advance amount determined with respect 
to such taxpayer for such calendar year. 
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‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 
this section— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the term ‘annual advance 
amount’ means, with respect to any taxpayer for any 
calendar year, the amount of the credit which would 
be allowed to such taxpayer under section 36C(a) 
(determined without regard to subsection (j) thereof) 
for the taxpayer’s taxable year beginning in such 
calendar year if— 
‘‘(A) the taxpayer’s modified adjusted 
gross income for such taxable year were equal 
to the taxpayer’s modified adjusted gross in-
come for the reference taxable year, 
‘‘(B) the only qualifying children of such 
taxpayer 
are 
qualifying 
children 
properly 
claimed on the taxpayer’s return of tax for the 
reference taxable year, and 
‘‘(C) the age of such qualifying children is 
determined for such taxable year by taking into 
account the passage of time since the reference 
taxable year. 
‘‘(2) REFERENCE TAXABLE YEAR.—Except as 
provided in paragraph (3)(A), the term ‘reference 
taxable year’ means, with respect to any taxpayer 
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for any calendar year, the taxpayer’s taxable year 
beginning in the preceding calendar year or, in the 
case of taxpayer who did not file a return of tax for 
such taxable year, the taxpayer’s taxable year begin-
ning in the second preceding calendar year. 
‘‘(3) 
MODIFICATIONS
DURING
CALENDAR 
YEAR.—The Secretary may modify, during any cal-
endar year, the annual advance amount with respect 
to any taxpayer for such calendar year to take into 
account— 
‘‘(A) a return of tax filed by such taxpayer 
during such calendar year (and the taxable year 
to which such return relates may be taken into 
account as the reference taxable year), and 
‘‘(B) any other information provided by 
the taxpayer to the Secretary which allows the 
Secretary to determine payments under sub-
section (a) which, in the aggregate during any 
taxable year of the taxpayer, more closely total 
the Secretary’s best estimate of the credit al-
lowed to the taxpayer under section 36C(a) (de-
termined without regard to subsection (i) there-
of) for such taxable year. 
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‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec-
retary shall establish an on-line portal which allows tax-
payers to— 
‘‘(1) elect not to receive payments under this 
section, and 
‘‘(2) provide information to the Secretary which 
would be relevant to a modification under subsection 
(b)(3)(B) of the annual advance amount, including 
information regarding— 
‘‘(A) a change in the number of the tax-
payer’s qualifying children, including by reason 
of the birth of a child, 
‘‘(B) a change in the taxpayer’s marital 
status, 
‘‘(C) a significant change in the taxpayer’s 
modified adjusted gross income, and 
‘‘(D) any other factor which the Secretary 
may provide. 
‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu-
ary 31 of the calendar year following any calendar year 
during which the Secretary makes one or more payments 
to any taxpayer under this section, the Secretary shall pro-
vide such taxpayer with a written notice which includes 
the taxpayer’s taxpayer identity (as defined in section 
6103(b)(6)), the aggregate amount of such payments 
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made to such taxpayer during such calendar year, and 
such other information as the Secretary determines appro-
priate. 
‘‘(e) AUTHORITY TO ADJUST INTERVAL OF PAY-
MENTS.—If the Secretary determines that it is not admin-
istratively feasible to make monthly payments under this 
section, such payments shall be made on the basis of the 
shortest interval which the Secretary determines is admin-
istratively feasible.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) The table of sections for subpart A of part 
IV of subchapter A of chapter 1 of subtitle A of the 
Internal Revenue Code of 1986 is amended by strik-
ing the item relating to section 24. 
(2) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of subtitle A of 
such Code is amended by inserting after the item re-
lating to section 36B the following: 
‘‘Sec. 36C. Child tax credit.’’. 
(3) Subparagraph (B) of section 45R(f)(3) of 
such Code is amended to read as follows: 
‘‘(B) SPECIAL RULE.—Any amounts paid 
pursuant to an agreement under section 3121(l) 
(relating to agreements entered into by Amer-
ican employers with respect to foreign affiliates) 
which are equivalent to the taxes referred to in 
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247 
subparagraph (A) shall be treated as taxes re-
ferred to in such subparagraph.’’. 
(4) Section 152(f)(6)(B)(ii) of such Code is 
amended by striking ‘‘section 24’’ and inserting 
‘‘section 36C’’. 
(5) Paragraph (26) of section 501(c) of such 
Code is amended in the flush matter at the end by 
striking ‘‘section 24(c))’’ and inserting ‘‘section 
36C(c))’’. 
(6) Section 6211(b)(4)(A) of such Code is 
amended— 
(A) by striking ‘‘24(d),’’; and 
(B) by inserting ‘‘36C(a),’’ after ‘‘36B,’’. 
(7) Section 6213(g)(2) of such Code is amend-
ed— 
(A) in subparagraph (I), by striking ‘‘sec-
tion 24(e)’’ and inserting ‘‘section 36C(g)’’; and 
(B) in subparagraph (L), by striking ‘‘24, 
or 32’’ and inserting ‘‘32, or 36C’’. 
(8) Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting 
‘‘36C,’’ after ‘‘36B,’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2021. 
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