,,ii #aafth ,,congress #ast ,session ,s4 #bdcg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjai,mr4 ,young introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to establish a refundable tax credit for parents who take leave from employment following the birth or adoption of a child4 #a4 ,short title ,this ,act may be cited as the ,support ,working ,families ,act4 #b4 ,parental ,leave ,tax ,credit 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of subtitle ,a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,parental ,leave ,credit 7a7 ,allowance of credit 7#a7 ,in general ,there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- 7,a7 the current year parental leave credit1 plus 7,b7 the parental leave credit carryback carried to such taxable year4 7#b7 ,current year parental leave credit 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the amount of the current year parental leave credit for the taxable year shall be equal to the product of-- 7i7 the total number of weeks of parental leave taken during the benefit period by an individual described in subsection 7c77#a77;,a7 which are completed within such taxable year1 multiplied by 7ii7 an amount equal to the replacement percentage 7as determined for each week of parental leave pursuant to subsection 7b77#a77 of the average weekly wage rate for such individual4 7,b7 ,limitation ,the current year parental leave credit for any taxable year shall not exceed the lesser of-- 7i7 an amount equal to-- 7,i7 the amount determined under subparagraph 7,a7 7determined as if the replacement percentage were #ajj percent71 minus 7,,ii7 an amount equal to the sum of any paid parental or medical leave benefits which are provided to the individual for any weeks included under clause 7i7 of such subparagraph-- 7aa7 pursuant to any law or plan of a ,state or a political subdivision thereof1 or 7bb7 by the employer of such individual1 or 7ii7 #f1jjj4 7,c7 ,reduction in benefit amount on account of receipt of certain benefits ,the current year parental leave credit for any taxable year 7after application of subparagraph 7,b77 shall be reduced by the amount1 if any1 in certain benefits as may be otherwise received by an individual for any weeks included under subparagraph 7,a77i74 ,for purposes of the preceding sentence1 certain benefits include-- 7i7 periodic benefits on account of such individual's total or partial disability under a workmen's compensation law or plan of the ,united ,states or a ,state1 7ii7 periodic benefits on account of an individual's employment status under an unemployment law or plan of the ,united ,states or a ,state1 and 7iii7 such other benefits as determined under regulations issued by the ,secretary4 7#c7 ,parental leave credit carryback ,in the case of an individual who elects not to apply the current year parental leave credit to the taxable year which includes the weeks of parental leave described in subparagraph 7,a77i71 the amount of such credit-- 7,a7 shall be reduced to zero for such taxable year1 and 7,b7 shall be a parental leave credit carryback to the preceding taxable year4 7b7 ,determination of credit amount 7#a7 ,replacement percentage ,the replacement percentage shall be the amount1 expressed as a percentage1 which has been elected by the individual 7in such manner and at such time as is prescribed by the ,secretary7 for each week of parental leave described in paragraph 7#b77;,a77i7 of subsection 7a7 for purposes of determining the credit allowed under such subsection1 provided that-- 7,a7 such amount is not less than #dj percent and not greater than #ij percent1 and 7,b7 for each week of parental leave described in paragraph 7#b77;,a77i7 of subsection 7a71 such amount does not result in a credit allowed under such subsection that exceeds-- 7i7 the average weekly wage rate for such individual1 minus 7ii7 any amounts described in paragraph 7#b77;,b77i77,,ii7 of such subsection which are provided to the individual for such week4 7#b7 ,average weekly wage rate ,the average weekly wage rate shall be an amount equal to the greater of-- 7,a7 the annual average amount of the individual's wages and self-employment income for the period of the #c calendar years preceding the calendar year in which the parental leave is taken by the individual1 prorated on a weekly basis1 or 7,b7 the amount of the individual's wages and self-employment income for the calendar year preceding the calendar year in which the parental leave is taken by the individual1 prorated on a weekly basis4 7#c7 ,benefit period ,the benefit period for an individual shall be the period of weeks-- 7,a7 beginning with the latter of-- 7i7 the first week in which the individual satisfies the requirements under subsection 7c77#a77;,a71 or 7ii7 the first week-- 7,i7 in which the individual satisfies the requirements under such subsection1 and 7,,ii7 which is not less than #a year after the completion of any previous benefit period1 and 7,b7 ending on the date that is #a year after the date of the birth or adoption of the child4 7c7 ,eligibility requirements 7#a7 ,employment 7,a7 ,in general ,an individual is described in this subparagraph if1 on the date of the birth or adoption of the child1 such individual-- 7i7 is a parent of the child1 7ii7 is employed and1 during the #fd-week period preceding such date1 has been employed for not less than #eb weeks1 and 7iii7 has worked not less than a total of #a1jjj hours during the #eb-week period described in clause 7ii74 7,b7 ,determination of employment ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations1 rules1 and guidance as may be necessary to determine the length of employment and hours of service of an individual1 including rules for the application of this paragraph to individuals who are not compensated on an hourly basis4 7#b7 ,additional information 7,a7 ,in general ,no credit shall be allowed under subsection 7a7 for any taxable year unless the individual includes the following information on the return of tax for such taxable year 7or through the program established under section #b7;b7 of the ,support ,working ,families ,act73 7i7 ,an attestation from the individual that such individual-- 7,i7 if the individual has an employer1 has provided such employer with written notice of the individual's intention to take parental leave1 7,,ii7 has satisfied the requirements under clauses 7ii7 and 7iii7 of paragraph 7#a77;,a71 7,,iii7 will be taking leave from employment for each week of parental leave taken during the benefit period1 and 7,,iv7 intends to maintain the same principal place of abode as the child for more than of the #ab-month period following the date of the birth or adoption of the child4 7ii7 ,any information1 as determined necessary by the ,secretary1 regarding any paid parental or medical leave benefits described in subsection 7a77#b77;,b77i77,,ii7 which are provided to the individual4 7iii7 ,the name of the child of the individual and the date of the birth or adoption of the child4 7iv7 ,subject to subparagraph 7,b71 the weeks of parental leave taken during the benefit period4 7v7 ,the social security number of the individual4 7vi7 ,subject to subparagraph 7,c71 the social security number of the child4 7vii7 ,subject to subparagraph 7,d71 a copy of the birth certificate or other documentation demonstrating that the individual is the parent or legal guardian of the child4 7,b7 ,weeks of parental leave ,for purposes of the credit allowed under subsection 7a7-- 7i7 any weeks of parental leave taken during the benefit period for which such credit is being claimed shall be a full workweek1 and 7ii7 the total number of weeks of parental leave taken by an individual during the benefit period shall not be less than #d weeks or greater than #ab weeks4 7,c7 ,social security number 7i7 ,adoption 7,i7 ,in general ,in the case of an individual who legally adopts a child1 if such child has not received a social security number at the time of the filing of the return of tax described in subparagraph 7,a71 the parent of such child may be allowed the credit under subsection 7a71 provided that-- 7aa7 the ,adoption ,taxpayer ,identification ,number for such child is included on the return of tax described in subparagraph 7,a71 and 7bb7 the social security number for such child is provided to the ,secretary not later than #ae months after the date of the adoption of such child4 7,,ii7 ,notice ,in the case of a child described in subclause 7,i71 the ,secretary shall provide notice of the requirement under item 7bb7 of such subclause to the parent of such child-- 7aa7 at the time that the credit allowed under subsection 7a7 is refunded or otherwise provided to such parent1 and 7bb7 on the date that is #ab months after the date of the adoption of such child4 7,,iii7 ,rescission 7aa7 ,in general ,in the case of an individual who is the parent of a child described in subclause 7,i7 and subsequently fails to provide a social security number for such child to the ,secretary during the period described in subclause 7,,ii77bb71 the tax imposed by this chapter for the applicable taxable year shall be increased by #ajj percent of the amount of the credit allowed under subsection 7a7 to such individual for any parental leave claimed with respect to such child4 7bb7 ,applicable taxable year ,the term applicable taxable year means the taxable year which includes the date that is #ae months after the date of the adoption of the child4 7ii7 ,religious objections ,the ,secretary1 in coordination with the ,commissioner of ,social ,security1 shall prescribe such regulations1 rules1 and guidance as may be necessary to apply the requirements under this paragraph relating to social security numbers for individuals who have religious objections to obtaining a social security number for themselves or their children4 7,d7 ,birth certificate or other documentation 7i7 ,in general ,in the case of a parent who has not received the certificate or documentation described in clause 7vii7 of subparagraph 7,a7 for their child at the time of the filing of the return of tax described in such subparagraph1 the parent may be allowed the credit under subsection 7a71 provided that such certificate or documentation is provided to the ,secretary not later than #ae months after the date of the birth or adoption of such child4 7ii7 ,notice and rescission ,rules similar to the rules of subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,c77i7 shall apply for purposes of this subparagraph4 7#c7 ,ineligibility2 disqualification 7,a7 ,ineligibility for benefit ,no credit shall be allowed under subsection 7a7 for any taxable year during which the individual is entitled to-- 7i7 disability insurance benefits under section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 or a similar permanent disability program under any law or plan of a ,state or political subdivision or instrumentality of a ,state 7as such terms are used in section #bah of the ,social ,security ,act 7#db ,u4,s4,c4 #dah771 7ii7 monthly insurance benefits under section #bjb of such ,act 7#db ,u4,s4,c4 #djb7 based on such individual's disability 7as defined in section #bbc7;d7 of such ,act 7#db ,u4,s4,c4 #dbc7;d7771 or 7iii7 benefits under title ,,xvi of such ,act 7#db ,u4,s4,c4 #acha et seq47 based on such individual's status as a disabled individual 7as determined under section #afad of such ,act 7#db ,u4,s4,c4 #achb;c774 7,b7 ,restrictions on individuals who improperly claimed credit in prior year 7i7 ,prior fraudulent or reckless claims 7,i7 ,in general ,no credit shall be allowed under subsection 7a7 for any taxable year in the disallowance period4 7,,ii7 ,disallowance period ,for purposes of subclause 7,i71 the disallowance period is-- 7aa7 the period of #aj taxable years after the most recent taxable year for which there was a final determination that the individual's claim of credit under this section was due to fraud1 and 7bb7 the period of #b taxable years after the most recent taxable year for which there was a final determination that-- 7,,aa7 the individual's claim of credit under this section was due to reckless or intentional disregard of rules and regulations 7but not due to fraud71 or 7,,bb7 the individual claimed the credit under this section and subsequently failed to provide the ,secretary with the social security number or documentation described in clause 7vi7 or 7vii7 of paragraph 7#c77;,a7 during the #ae-month period following the date of the brith or adoption of their child1 as required under subparagraphs 7,c7 and 7,d7 of paragraph 7#c74 7ii7 ,improper prior claims ,in the case of an individual who is denied the credit under this section for any taxable year as a result of the deficiency procedures under subchapter ,b of chapter #fc1 no credit shall be allowed under this section for any subsequent taxable year unless the individual provides such information as the ,secretary may require to demonstrate eligibility for such credit4 7d7 ,relationship with ,state law2 employer benefits2 prohibited acts 7#a7 ,in general ,this section does not preempt or supercede any provision of ,state or local law that authorizes a ,state or local municipality to provide benefits or payments to any individual for parental leave taken by such individual4 7#b7 ,greater benefits allowed ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid parental leave rights to employees than the credit allowed under this section4 7#c7 ,prohibited acts ,it shall be unlawful for any person to discharge or in any other manner discriminate against an individual because the individual has claimed1 indicated an intent to claim1 or received the credit allowed under this section4 7e7 ,inflation adjustment 7#a7 ,in general ,in the case of any taxable year beginning after #bjbj1 the dollar amount in subsection 7a77#b77;,b77ii7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding ,if any increase determined under paragraph 7#a7 is not a multiple of #ej1 such increase shall be rounded to the nearest multiple of #ej4 7f7 ,recapture of credit 7#a7 ,in general ,if a credit under subsection 7a7 is allowed to a taxpayer1 the tax imposed by this chapter shall be increased by #bj percent of the applicable amount for each taxable year in the recapture period4 7#b7 ,applicable amount 7,a7 ,in general ,for purposes of this subsection1 the applicable amount shall be equal to-- 7i7 the amount of the credit allowed under subsection 7a71 minus 7ii7 the amount of payments made by the taxpayer during the prepayment period4 7,b7 ,prepayment period 7i7 ,in general ,for purposes of this paragraph1 the term prepayment period means the period of #c taxable years subsequent to the taxable year in which the credit under subsection 7a7 is allowed4 7ii7 ,development of prepayment mechanism ,for purposes of subparagraph 7,a77ii71 the ,secretary shall establish appropriate procedures and mechanisms to allow taxpayers to reduce the amount of the tax imposed under paragraph 7#a7 by making payments during the prepayment period4 7#c7 ,recapture period ,for purposes of this subsection1 the term recapture period means the period of #e taxable years subsequent to the prepayment period4 7#d7 ,return requirement ,if the tax imposed by this chapter for the taxable year is increased under this subsection1 the taxpayer shall1 notwithstanding section #fjab1 be required to file a return with respect to the taxes imposed under this subtitle4 7#e7 ,joint returns ,in the case of a credit allowed under subsection 7a7 with respect to a joint return1 half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection4 7#f7 ,exception ,this subsection shall not apply to any taxable year ending after the date of the death of the individual allowed the credit under subsection 7a74 7g7 ,definitions ,in this section3 7#a7 ,child ,the term child means a biological or legally adopted child who has not attained #ah years of age4 7#b7 ,parent ,the term parent means-- 7,a7 the biological mother or father of a child1 or 7,b7 an individual who legally adopts a child1 who is the legal guardian of the child and who intends to maintain the same principal place of abode as the child for more than of the #ab-month period following the date of the birth or adoption of the child4 7#c7 ,parental leave ,the term parental leave means any period of leave from employment which is taken by a parent to provide care for a child4 4 7b7 ,pre-,calculation of parental leave credit ,not later than ,january #a1 #bjbj1 the ,secretary of the ,treasury or the ,secretary's delegate 7referred to in this subsection and subsection 7c7 as the ,secretary7 shall establish a program1 to be made available online and through such other methods as is determined appropriate by the ,secretary1 to allow individuals who intend to take parental leave to-- 7#a7 determine their average weekly wage rate 7as defined in subsection 7b77#b7 of section #cf;,c of the ,internal ,revenue ,code of #aihf72 7#b7 determine whether they satisfy the requirements under clauses 7ii7 and 7iii7 of section #cf;,c7c77#a77;,a7 of such ,code and1 if such requirements are not satisfied1 determine the number of hours or weeks needed to satisfy such requirements prior to the expected date of the birth or adoption of a child2 7#c7 calculate-- 7,a7 the amount of the parental leave credit under section #cf;,c of such ,code based on different replacement percentages 7as described in subsection 7b77#a7 of such section72 and 7,b7 the amount of any increase in taxes pursuant to subsection 7f7 of such section based on different amounts of payments made by the individual during the prepayment period 7as defined in paragraph 7#b77;,b7 of such subsection72 and 7#d7 provide the ,secretary with any information required under subsection 7c77#b77;,a7 of section #cf;,c of the ,internal ,revenue ,code of #aihf which is available to such individual at that time4 7c7 ,expedited amended return process ,for any individual who has-- 7#a7 taken parental leave during a taxable year2 7#b7 elected to receive a parental leave credit carryback 7as described in subsection 7a77#c7 of section #cf;,c of the ,internal ,revenue ,code of #aihf7 for such parental leave2 and 7#c7 has timely filed an amendment to the income tax return for such individual for the preceding taxable year for the sole purpose of claiming the credit allowed under subsection 7a7 of such section1 the ,secretary shall establish a separate and expedited process for reviewing and processing such amended returns4 7d7 ,conforming amendments 7#a7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of subtitle ,a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following3 ,sec4 #cf;,c4 ,parental leave credit44 7#b7 ,section #fbaa7;b77#d77;,a7 of such ,code is amended by striking and #cf;,b1 #afh7k77#d7 and inserting #cf;,b1 and #cf;,c4 7#c7 ,section #fbac7;g77#b7 of such ,code is amended-- 7,a7 in subparagraph 7,p71 by striking and at the end2 7,b7 in subparagraph 7,q71 by striking the period at the end and inserting 1 and2 and 7,c7 by inserting after subparagraph 7,q7 the following3 7,r7 an omission of information required by subsection 7c7 of section #cf;,c or an entry on the return claiming the credit under such section for a taxable year for which such credit is disallowed pursuant to section #cf;,c7c77#d74 4 7#d7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4