Newborn CARES Act

II 116TH CONGRESS 2D SESSION S. 3679 To require the Internal Revenue Service to establish a procedure by which parents may immediately claim the recovery rebate amount for children born in 2020. IN THE SENATE OF THE UNITED STATES MAY 11, 2020 Ms. DUCKWORTH (for herself, Mr. SCOTT of South Carolina, Ms. KLO- BUCHAR, Mr. BRAUN, Mr. WYDEN, Mr. LANKFORD, Ms. SMITH, and Ms. ERNST) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Internal Revenue Service to establish a proce- dure by which parents may immediately claim the recov- ery rebate amount for children born in 2020. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Newborn CARES 4 Act’’. 5 VerDate Sep 11 2014 18:43 May 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3679.IS S3679 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3679 IS SEC. 2. ADVANCE RECOVERY PAYMENTS FOR CHILDREN 1 BORN IN 2020. 2 (a) IN GENERAL.—Paragraph (3) of section 6428(f) 3 of the Internal Revenue Code of 1986, as added by the 4 CARES Act (Public Law 116–136), is amended by adding 5 at the end the following new subparagraph: 6 ‘‘(D) PAYMENTS RELATING TO CHILDREN 7 BORN IN 2020.— 8 ‘‘(i) IN GENERAL.—In the case of a 9 qualifying child (within the meaning of sec- 10 tion 24(c)) of the taxpayer born during 11 calendar year 2020, for purposes of deter- 12 mining the advance refund amount of the 13 taxpayer under paragraph (2), such child 14 shall be treated as if the child had been 15 born in calendar year 2019 (or 2018, in 16 the case of a taxpayer to whom paragraph 17 (5)(A) applies) and taken into account as 18 a dependent of the taxpayer for such year. 19 ‘‘(ii) CLAIMS.—The Secretary shall es- 20 tablish a procedure to allow a taxpayer to 21 file a claim, during calendar year 2020, for 22 the dollar amount attributable under sub- 23 section (a)(2) (as adjusted under sub- 24 section (c)) to a child described in clause 25 (i). Such a claim— 26 VerDate Sep 11 2014 18:43 May 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3679.IS S3679 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3679 IS ‘‘(I) shall be filed in such manner 1 as the Secretary shall prescribe, and 2 ‘‘(II) shall include the social se- 3 curity number (as defined in section 4 24(h)(7)) of such child. 5 Any amount with respect to which a valid 6 claim is filed shall be refunded or credited 7 as rapidly as possible according to the 8 rules of this paragraph, without regard to 9 whether the taxpayer has previously re- 10 ceived payment of any advance refund 11 amount (or any portion of such amount) 12 under this subsection. 13 ‘‘(iii) QUALIFYING CHILD.—Solely for 14 purposes of this subparagraph, in applying 15 section 24(c), any child of the taxpayer 16 who is born during calendar year 2020 17 shall be deemed to have satisfied the re- 18 quirements of subparagraphs (B) and (D) 19 of section 152(c)(1) if such child satisfies 20 such requirements for the period beginning 21 on the date of birth of the child and end- 22 ing on the date the claim is filed. 23 ‘‘(iv) DENIAL OF DOUBLE CLAIMS.— 24 Only 1 refund or credit by reason of this 25 VerDate Sep 11 2014 18:43 May 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3679.IS S3679 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3679 IS subparagraph shall be issued with respect 1 to any qualifying child.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 this section shall take effect as if included in the enact- 4 ment of section 2201 of the CARES Act (Public Law 116– 5 136). 6 Æ VerDate Sep 11 2014 18:43 May 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3679.IS S3679 pamtmann on DSKBC07HB2PROD with BILLS