[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1992 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1992

To amend the Internal Revenue Code of 1986 to expand the earned income 
             and child tax credits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2023

Mr. Brown (for himself, Mr. Bennet, Mr. Booker, Mr. Warnock, Mr. Wyden, 
Mr. Durbin, Ms. Baldwin, Mr. Blumenthal, Ms. Cantwell, Mr. Cardin, Mr. 
Casey, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mrs. Feinstein, Mr. 
 Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Ms. Hirono, Mr. 
 Kaine, Mr. King, Ms. Klobuchar, Mr. Markey, Mr. Merkley, Mr. Murphy, 
Mrs. Murray, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, 
Mr. Schumer, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. 
   Warner, Ms. Warren, Mr. Welch, and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to expand the earned income 
             and child tax credits, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Families Tax Relief Act of 
2023''.

             TITLE I--EXPANSION OF THE EARNED INCOME CREDIT

SEC. 101. PERMANENT EXTENSION OF EARNED INCOME CREDIT RULES FOR 
              INDIVIDUALS WITHOUT QUALIFYING CHILDREN.

    (a) Decrease in Minimum Age for Credit.--
            (1) In general.--Subclause (II) of section 32(c)(1)(A)(ii) 
        of the Internal Revenue Code of 1986 is amended by striking 
        ``age 25'' and inserting ``the applicable minimum age''.
            (2) Applicable minimum age.--Paragraph (1) of section 32(c) 
        of such Code is amended by adding at the end the following new 
        subparagraph:
                    ``(F) Applicable minimum age.--For purposes of this 
                paragraph--
                            ``(i) In general.--The term `applicable 
                        minimum age' means--
                                    ``(I) except as otherwise provided 
                                in this clause, age 19,
                                    ``(II) in the case of a specified 
                                student (other than a qualified former 
                                foster youth or a qualified homeless 
                                youth), age 24, and
                                    ``(III) in the case of a qualified 
                                former foster youth or a qualified 
                                homeless youth, age 18.
                            ``(ii) Specified student.--For purposes of 
                        this subparagraph, the term `specified student' 
                        means, with respect to any taxable year, an 
                        individual who is an eligible student (as 
                        defined in section 25A(b)(3)) during at least 5 
                        calendar months during the taxable year.
                            ``(iii) Qualified former foster youth.--For 
                        purposes of this subparagraph, the term 
                        `qualified former foster youth' means an 
                        individual who--
                                    ``(I) on or after the date that 
                                such individual attained age 14, was in 
                                foster care provided under the 
                                supervision or administration of an 
                                entity administering (or eligible to 
                                administer) a plan under part B or part 
                                E of title IV of the Social Security 
                                Act (without regard to whether Federal 
                                assistance was provided with respect to 
                                such child under such part E), and
                                    ``(II) provides (in such manner as 
                                the Secretary may provide) consent for 
                                entities which administer a plan under 
                                part B or part E of title IV of the 
                                Social Security Act to disclose to the 
                                Secretary information related to the 
                                status of such individual as a 
                                qualified former foster youth.
                            ``(iv) Qualified homeless youth.--For 
                        purposes of this subparagraph, the term 
                        `qualified homeless youth' means, with respect 
                        to any taxable year, an individual who 
                        certifies, in a manner as provided by the 
                        Secretary, that such individual is either an 
                        unaccompanied youth who is a homeless child or 
                        youth, or is unaccompanied, at risk of 
                        homelessness, and self-supporting.''.
    (b) Elimination of Maximum Age for Credit.--Subclause (II) of 
section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended 
by striking ``but not attained age 65''.
    (c) Increase in Credit and Phaseout Percentages.--The table 
contained in paragraph (1) of section 32(b) of the Internal Revenue 
Code of 1986 is amended by striking ``7.65'' each place it appears and 
inserting ``15.3''.
    (d) Increase in Earned Income and Phaseout Amounts.--The table 
contained in subparagraph (A) of section 32(b)(2) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``$4,220'' and inserting ``$9,820'', and
            (2) by striking ``$5,280'' and inserting ``$11,610''.
    (e) Inflation Adjustments.--
            (1) In general.--Paragraph (1) of section 32(j) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) In general.--In the case of any taxable year 
        beginning after--
                    ``(A) 2021, in the case of the dollar amount in 
                subsection (i)(1),
                    ``(B) 2024, in the case of the dollar amounts in 
                the third row of the table in subsection (b)(2)(A), and
                    ``(C) 2015, in any other case,
        each of the dollar amounts in subsections (b)(2) and (i)(1) 
        shall be increased by an amount equal to the inflation 
        amount.''.
            (2) Inflation amount.--Subsection (j) of section 32 of such 
        Code is amended by adding at the end the following new 
        paragraph:
            ``(3) Inflation amount.--For purposes of paragraph (1), the 
        inflation amount with respect to any dollar amount for any 
        taxable year is the amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the percentage (if any) by which--
                            ``(i) the CPI (as defined in section 
                        1(f)(4)) for the calendar year preceding the 
                        year in which the taxable year begins, exceeds
                            ``(ii) the CPI (as so defined) for--
                                    ``(I) in the case of amounts in the 
                                third row of the table in subsection 
                                (b)(2)(A), 2023,
                                    ``(II) in the case of any other 
                                amount in subsection (b)(2)(A), 1995,
                                    ``(III) in the case of the $5,000 
                                amount in subsection (b)(2)(B), 2008, 
                                and
                                    ``(IV) in the case of the $10,000 
                                amount in subsection (i)(1), 2020.''.
    (f) Conforming Amendment.--Section 32 of the Internal Revenue Code 
of 1986 is amended by striking subsection (n).
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2023.

SEC. 102. APPLICATION OF EARNED INCOME CREDIT TO POSSESSIONS OF THE 
              UNITED STATES.

    (a) Puerto Rico.--Subparagraph (B) of section 7530(a)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``in the case of 
calendar years 2021 through 2025,''.
    (b) Possessions With Mirror Code Tax Systems.--Subparagraph (B) of 
section 7530(b)(1) of the Internal Revenue Code of 1986 is amended by 
striking ``in the case of calendar years 2021 through 2025,''.
    (c) American Samoa.--Subparagraph (B) of section 7530(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``in the case of 
calendar years 2021 through 2025,''.

SEC. 103. ELECTION TO USE PRIOR YEAR EARNED INCOME.

    (a) In General.--Paragraph (2) of section 32(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(C) Election to use prior year earned income.--
                            ``(i) In general.--If the earned income of 
                        the taxpayer for any taxable year is less than 
                        the earned income of the taxpayer for the 
                        preceding taxable year, the credit allowed 
                        under subsection (a) may, at the election of 
                        the taxpayer, be determined by substituting--
                                    ``(I) such earned income for such 
                                preceding taxable year, for
                                    ``(II) such earned income for the 
                                taxable year for which such credit is 
                                being determined.
                            ``(ii) Application to joint returns.--For 
                        purposes of clause (i), in the case of a joint 
                        return, the earned income of the taxpayer for 
                        the preceding taxable year shall be the sum of 
                        the earned income of each spouse for such 
                        taxable year.
                            ``(iii) Special rules.--
                                    ``(I) Errors treated as 
                                mathematical errors.--For purposes of 
                                section 6213, an incorrect use on a 
                                return of earned income pursuant to 
                                clause (i) shall be treated as a 
                                mathematical or clerical error.
                                    ``(II) No effect on determination 
                                of gross income, etc.--Except as 
                                otherwise provided in this 
                                subparagraph, this title shall be 
                                applied without regard to any 
                                substitution under clause (i).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 2023.

              TITLE II--EXPANSION OF THE CHILD TAX CREDIT

SEC. 201. PERMANENT ESTABLISHMENT OF CHILD TAX CREDIT WITH MONTHLY 
              ADVANCE PAYMENT.

    (a) Credit Amount.--Subsection (a) of section 24 of the Internal 
Revenue Code of 1986 is amended by striking ``equal to $1,000'' and 
inserting ``equal to--
            ``(1) $250 ($300 in the case of a qualifying child who has 
        not attained age 6 as of the close of the taxable year), 
        multiplied by
            ``(2) the number of qualifying months of the taxpayer 
        occurring during the taxable year.''.
    (b) Limitation Based on Adjusted Gross Income.--Subsection (b) of 
section 24 of the Internal Revenue Code of 1986 is amended to read as 
follows:
    ``(b) Limitations Based on Modified Adjusted Gross Income.--
            ``(1) Initial reduction.--
                    ``(A) In general.--The amount of the credit 
                allowable under subsection (a) shall be reduced (but 
                not below zero) by 5 percent of the excess (if any) of 
                the taxpayer's modified adjusted gross income for the 
                applicable taxable year over the initial threshold 
                amount in effect for such applicable taxable year.
                    ``(B) Limitation on initial reduction.--The amount 
                of the reduction under subparagraph (A) shall not 
                exceed the lesser of--
                            ``(i) the excess (if any) of--
                                    ``(I) the credit allowable under 
                                subsection (a) for the taxable year 
                                determined without regard to this 
                                paragraph, over
                                    ``(II) the amount which would be 
                                described in subclause (I) if 
                                subsection (a)(1) were applied by 
                                substituting `$166.67' for `$250 ($300 
                                in the case of a qualifying child who 
                                has not attained age 6 as of the close 
                                of the taxable year)' and subsection 
                                (i) did not apply, or
                            ``(ii) 5 percent of the excess of the 
                        secondary threshold amount over the initial 
                        threshold amount.
            ``(2) Secondary reduction.--The amount of the credit 
        allowable under subsection (a), determined after the 
        application of paragraph (1), shall be further reduced (but not 
        below zero) by 5 percent of the excess (if any) of the 
        taxpayer's modified adjusted gross income for the applicable 
        taxable year over the secondary threshold amount.
            ``(3) Threshold amounts.--For purposes of this subsection--
                    ``(A) Initial threshold amount.--The term `initial 
                threshold amount' means--
                            ``(i) $150,000, in the case of a joint 
                        return or surviving spouse (as defined in 
                        section 2(a)),
                            ``(ii) \1/2\ the dollar amount in effect 
                        under clause (i), in the case of a married 
                        individual filing a separate return, and
                            ``(iii) $112,500, in any other case.
                    ``(B) Secondary threshold amount.--The term 
                `secondary threshold amount' means--
                            ``(i) $400,000, in the case of a joint 
                        return or surviving spouse (as defined in 
                        section 2(a)),
                            ``(ii) $300,000, in the case of a head of 
                        household (as defined in section 2(b)), and
                            ``(iii) $200,000, in any other case.
            ``(4) Other terms.--For purposes of this subsection--
                    ``(A) Applicable taxable year.--The term 
                `applicable taxable year' means, with respect to any 
                taxable year for which the credit under this section is 
                determined--
                            ``(i) such taxable year, or
                            ``(ii) if the taxpayer elects the 
                        application of this clause (at such time and in 
                        such form and manner as the Secretary may 
                        provide), the preceding taxable year or the 
                        second preceding taxable year (as specified in 
                        such election).
                    ``(B) Modified adjusted gross income.--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) Inflation Adjustments.--Subsection (i) of section 24 of the 
Internal Revenue Code of 1986 is amended to read as follows:
    ``(i) Adjustments for Inflation.--In the case of any taxable year 
beginning after December 31, 2024--
            ``(1) In general.--The dollar amounts in subsection (a) and 
        clauses (i) and (iii) of subsection (b)(3)(A) shall each be 
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the percentage (if any) by which--
                            ``(i) the CPI (as defined in section 
                        1(f)(4)) for the calendar year preceding the 
                        calendar year in which such month begins, 
                        exceeds
                            ``(ii) the CPI (as so defined) for calendar 
                        year 2023.
            ``(2) Rounding.--Any increase under the preceding 
        sentence--
                    ``(A) which is not a multiple of $10, in the case 
                of the amount in subsection (a), shall be rounded to 
                the nearest multiple of $10, and
                    ``(B) which is not a multiple of $5,000, in the 
                case of the amounts in subsection (b)(3)(A), shall be 
                rounded to the nearest multiple of $5,000.''.
    (d) Qualifying Child Rules.--
            (1) In general.--Subsection (c) of section 24 of the 
        Internal Revenue Code of 1986 is amended to read as follows:
    ``(c) Qualifying Month; Qualifying Child.--For purposes of this 
section--
            ``(1) Qualifying month.--
                    ``(A) In general.--The term `qualifying month' 
                means any calendar month for which there is a 
                qualifying child with respect to the taxpayer.
                    ``(B) Rules for birth or death of a child.--In the 
                case of a child who is born or dies during the taxable 
                year, any calendar month in such year which occurs 
                before the month of such birth or after the month of 
                such death shall be a qualifying month for the taxpayer 
                who is treated as establishing presumptive eligibility 
                with respect to such child pursuant to section 
                7527A(i)(2)(E).
            ``(2) Qualifying child.--The term `qualifying child' means, 
        with respect to any taxpayer for any calendar month, an 
        individual who--
                    ``(A) has the same principal place of abode as the 
                taxpayer for more than \1/2\ of such month,
                    ``(B) is younger than the taxpayer and will not, as 
                of the close of the taxable year which includes such 
                month, have attained age 18,
                    ``(C) receives care from the taxpayer during such 
                month which is not compensated,
                    ``(D) is not the spouse of the taxpayer at any time 
                during such month, and
                    ``(E) either--
                            ``(i) is a citizen, national, or resident 
                        of the United States, or
                            ``(ii) if the taxpayer is a citizen or 
                        national of the United States, is described in 
                        section 152(f)(1)(B) with respect to such 
                        taxpayer.
            ``(3) Certain individuals ineligible.--In the case of an 
        individual who is a qualifying child with respect to another 
        taxpayer for any calendar month, such individual shall be 
        treated for such month as having no qualifying children.
            ``(4) Care from the taxpayer.--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, whether any individual receives care 
                from the taxpayer (within the meaning of paragraph 
                (2)(C)) shall be determined on the basis of facts and 
                circumstances with respect to the following factors:
                            ``(i) The supervision provided by the 
                        taxpayer regarding the daily activities and 
                        needs of the individual.
                            ``(ii) The maintenance by the taxpayer of a 
                        secure environment at which the individual 
                        resides.
                            ``(iii) The provision or arrangement by the 
                        taxpayer of, and transportation by the taxpayer 
                        to, medical care at regular intervals and as 
                        required for the individual.
                            ``(iv) The involvement by the taxpayer in, 
                        and financial and other support by the taxpayer 
                        for, educational or similar activities of the 
                        individual.
                            ``(v) Any other factor that the Secretary 
                        determines to be appropriate to determine 
                        whether the individual receives care from the 
                        taxpayer.
                    ``(B) Determination of whether care is 
                compensated.--For purposes of determining if care is 
                compensated within the meaning of paragraph (2)(C), 
                compensation from the Federal Government, a State or 
                local government, a Tribal government, or any 
                possession of the United States shall not be taken into 
                account.
            ``(5) Application of tie-breaker rules.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), if any individual would (but for this 
                paragraph) be a qualifying child of 2 or more taxpayers 
                for any month, such individual shall be treated as the 
                qualifying child only of the taxpayer who is--
                            ``(i) the parent of the individual (or, if 
                        such individual would (but for this paragraph) 
                        be a qualifying child of 2 or more parents of 
                        the individual for such month, the parent of 
                        the individual determined under subparagraph 
                        (B)),
                            ``(ii) if the individual is not a 
                        qualifying child of any parent of the 
                        individual (determined without regard to this 
                        paragraph), the specified relative of the 
                        individual with the highest adjusted gross 
                        income for the taxable year which includes such 
                        month, or
                            ``(iii) if the individual is neither a 
                        qualifying child of any parent of the 
                        individual nor a qualifying child of any 
                        specified relative of the individual (in both 
                        cases determined without regard to this 
                        paragraph), the taxpayer with the highest 
                        adjusted gross income for the taxable year 
                        which includes such month.
                    ``(B) Tie-breaker among parents.--If any individual 
                would (but for this paragraph) be the qualifying child 
                of 2 or more parents of the individual for any month, 
                such child shall be treated only as the qualifying 
                child of--
                            ``(i) the parent with whom the child 
                        resided for the longest period of time during 
                        such month, or
                            ``(ii) if the child resides with both 
                        parents for the same amount of time during such 
                        month, the parent with the highest adjusted 
                        gross income for the taxable year which 
                        includes such month.
                    ``(C) Specified relative.--For purposes of this 
                paragraph, the term `specified relative' means an 
                individual who is--
                            ``(i) an ancestor of a parent of the 
                        qualifying child,
                            ``(ii) a brother or sister of a parent of 
                        the qualifying child, or
                            ``(iii) a brother, sister, stepbrother, or 
                        stepsister of the qualifying child.
                    ``(D) Certain parents or specified relatives not 
                taken into account.--This paragraph shall be applied 
                without regard to any parent or specified relative of 
                an individual for any month if--
                            ``(i) such parent or specified relative 
                        elects to have such individual not be treated 
                        as a qualifying child of such parent or 
                        specified relative for such month,
                            ``(ii) in the case of a parent of such 
                        individual, the adjusted gross income of the 
                        taxpayer (with respect to whom such individual 
                        would be treated as a qualifying child after 
                        application of this subparagraph) for the 
                        taxable year which includes such month is 
                        higher than the highest adjusted gross income 
                        of any parent of the individual for the taxable 
                        year which includes such month (determined 
                        without regard to any parent with respect to 
                        whom such individual is not a qualifying child, 
                        determined without regard to subparagraphs (A) 
                        and (B) and after application of this 
                        subparagraph), and
                            ``(iii) in the case of a specified relative 
                        of such individual, the adjusted gross income 
                        of the taxpayer (with respect to whom such 
                        individual would be treated as a qualifying 
                        child after application of this subparagraph) 
                        for the taxable year which includes such month 
                        is higher than the highest adjusted gross 
                        income of any parent and any specified relative 
                        of the individual for the taxable year which 
                        includes such month (determined without regard 
                        to any parent and any specified relative with 
                        respect to whom such individual is not a 
                        qualifying child, determined without regard to 
                        subparagraphs (A) and (B) and after application 
                        of this subparagraph).
                    ``(E) Treatment of joint returns.--For purposes of 
                this paragraph, the adjusted gross income of each 
                person who files a joint return for the taxable year is 
                the total adjusted gross income shown on the joint 
                return for the taxable year.
                    ``(F) Parent.--Except as otherwise provided by the 
                Secretary, the term `parent' shall have the same 
                meaning as when used in section 152(c)(4).
            ``(6) Treatment of temporary absences.--Except as provided 
        in regulations or other guidance issued by the Secretary, for 
        purposes of this subsection--
                    ``(A) In general.--In the case of any individual's 
                temporary absence from such individual's principal 
                place of abode, each day composing the temporary 
                absence shall--
                            ``(i) be treated as a day at such 
                        individual's principal place of abode,
                            ``(ii) be treated as satisfying the care 
                        requirement described in paragraph (2)(C) for 
                        each day described in clause (i), and
                            ``(iii) not be treated as a day at any 
                        other location.
                    ``(B) Temporary absence.--For purposes of 
                subparagraph (A), an absence shall be treated as 
                temporary if--
                            ``(i) the individual would have resided at 
                        the place of abode but for the absence, and
                            ``(ii) under the facts and circumstances, 
                        it is reasonable to assume that the individual 
                        will return to reside at the place of abode.
            ``(7) Special rule for divorced parents, etc.--Rules 
        similar to the rules section 152(e) shall apply for purposes of 
        this subsection.
            ``(8) Eligibility determined on basis of presumptive 
        eligibility.--
                    ``(A) In general.--If a period of presumptive 
                eligibility is established under section 7527A(i) for 
                any individual with respect to any taxpayer--
                            ``(i) such individual shall be treated as 
                        the qualifying child of such taxpayer for any 
                        month in such period of presumptive 
                        eligibility, and
                            ``(ii) such individual shall not be treated 
                        as the qualifying child of any other taxpayer 
                        with respect to whom a period of presumptive 
                        eligibility has not been established for any 
                        such month.
                    ``(B) Ability of credit claimants to establish 
                presumptive eligibility.--Nothing in section 7527A(i) 
                shall be interpreted to preclude a taxpayer from 
                establishing a period of presumptive eligibility 
                (including any such period described in section 
                7527A(i)(2)(D)) with respect to any qualifying child 
                for purposes of this section solely because such 
                taxpayer affirmatively elects not to receive monthly 
                payments under section 7527A.''.
            (2) Conforming amendments.--
                    (A) Subsection (a) of section 24 of such Code, as 
                amended by this section, is further amended by striking 
                ``for which the taxpayer is allowed a deduction under 
                section 151''.
                    (B) The second sentence of paragraph (26) of 
                section 501(c) of such Code is amended--
                            (i) by striking ``any qualifying child (as 
                        defined in section 24(c))'' and inserting ``any 
                        child'', and
                            (ii) by inserting before the period the 
                        following: ``, but only in the case of a child 
                        who is a qualifying child (as defined in 
                        section 152(c)) of the individual who has not 
                        attained age 17 and who would be a dependent if 
                        subparagraph (A) of section 152(b)(3) were 
                        applied without regard to all that follows 
                        `resident of the United States'''.
    (e) Fully Refundable Credit.--Subsection (d) of section 24 of the 
Internal Revenue Code of 1986 is amended to read as follows:
    ``(d) Credit Refundable.--If the taxpayer (in the case of a joint 
return, either spouse) has a principal place of abode (determined as 
provided in section 32) in the United States or Puerto Rico for more 
than \1/2\ of the taxable year, the credit otherwise allowed under 
subsection (a) shall be allowed under subpart C (and not allowed under 
this subpart).''.
    (f) Restrictions on Taxpayers Who Improperly Claimed Credit or 
Improperly Received Advance Payment.--
            (1) In general.--Subparagraph (A) of section 24(g)(1) of 
        the Internal Revenue Code of 1986 is amended by striking ``this 
        section'' and inserting ``this section (and no payment shall be 
        made under section 7527A)''.
            (2) Conforming amendments.--
                    (A) Subparagraph (B) of section 24(g)(1) of such 
                Code is amended--
                            (i) by striking ``this section'' both 
                        places it appears and inserting ``this section 
                        (or payment received under section 7527A)'',
                            (ii) by striking ``and'' at the end of 
                        clause (i),
                            (iii) by striking the period at the end of 
                        clause (ii) and inserting ``, and'', and
                            (iv) by adding at the end the following new 
                        clause:
                            ``(iii) in addition to any period 
                        determined under clause (i) or (ii) (as the 
                        case may be), the period beginning on the date 
                        of the final determination described in such 
                        clause and ending with the beginning of the 
                        period described in such clause.''.
                    (B) Paragraph (2) of section 24(g) of such Code is 
                amended by striking ``no credit shall be allowed under 
                this section'' and inserting ``no credit shall be 
                allowed under this section (and no payment shall be 
                made under section 7527A)''.
                    (C) Subsection (g) of section 24 of such Code is 
                amended by adding at the end the following new 
                paragraph:
            ``(3) Coordination with possessions of the united states.--
        For purposes of this subsection, a taxpayer's claim of credit 
        under this section (or payment received under section 7527A) 
        includes a claim of credit under this section of the income tax 
        law of any jurisdiction other than the United States (or 
        similar payment received under section 7527A of such income tax 
        law), and a claim made or a payment received from American 
        Samoa pursuant to a plan described in subsection (k)(3)(B).''.
    (g) Monthly Advance Payment of Credit.--
            (1) Recapture of excess advance payments in certain 
        circumstances.--Subsection (j) of section 24 of the Internal 
        Revenue Code of 1986 is amended--
                    (A) by striking subparagraph (B) of paragraph (2),
                    (B) by striking ``Excess advance payments.--'' and 
                all that follows through ``If'' and inserting ``Excess 
                advance payments.--In the case of a taxpayer described 
                in paragraph (3) for any taxable year, if'', and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(3) Taxpayers subject to recapture.--
                    ``(A) Fraud or reckless or intentional disregard of 
                rules and regulations.--A taxpayer is described in this 
                paragraph with respect to any taxable year if the 
                Secretary determines that the excess described in 
                paragraph (2) with respect to the taxpayer for such 
                taxable year was determined on the basis of fraud or a 
                reckless or intentional disregard of rules and 
                regulations.
                    ``(B) Understatement of income; changes in filing 
                status.--If the excess described in paragraph (2) with 
                respect to the taxpayer for the taxable year was 
                determined on the basis of an amount of the taxpayer's 
                modified adjusted gross income which was less than the 
                taxpayer's modified adjusted gross income for the 
                applicable taxable year (as defined in subsection 
                (b))--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the excess of--
                                    ``(I) the aggregate amount of 
                                payments under section 7527A to the 
                                taxpayer during the taxable year, over
                                    ``(II) the aggregate amount of 
                                payments which would have been so made 
                                if such payments had been determined on 
                                the basis of the taxpayer's modified 
                                adjusted gross income for the 
                                applicable taxable year (as defined in 
                                subsection (b)).
                        A rule similar to the rule of the preceding 
                        sentence shall apply if the excess described in 
                        paragraph (2) with respect to the taxpayer for 
                        the taxable year was determined on the basis of 
                        a filing status of the taxpayer which differs 
                        from the taxpayer's filing status for the 
                        applicable taxable year (as so defined).
                    ``(C) Payments made outside of period of 
                presumptive eligibility.--If any payment described in 
                paragraph (2) with respect to the taxpayer for the 
                taxable year was made with respect to a child for a 
                month which was not part of a period of presumptive 
                eligibility established under section 7527A(i) for such 
                child with respect to such taxpayer--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the portion of such payment so 
                        made.
                    ``(D) Certain payments made after notice from 
                secretary.--If the Secretary notifies a taxpayer under 
                section 7527A(d) that such taxpayer is subject to 
                recapture with respect to any payments--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the aggregate amount of such 
                        payments.
                    ``(E) Taxpayers moving to another jurisdiction.--To 
                minimize the amount of advance payments made under 
                section 7527A to ineligible individuals, the Secretary 
                shall issue regulations or other guidance for purposes 
                of this paragraph which apply with respect to taxpayers 
                who are described in subsection (d) with respect to the 
                reference month but are not so described with respect 
                to 1 or more months during the taxable year for which 
                advance payments under section 7527A are made.
                    ``(F) Other circumstances to prevent abuse.--A 
                taxpayer is described in this paragraph with respect to 
                any taxable year pursuant to regulations or other 
                guidance of the Secretary describing other recapture 
                circumstances to facilitate the administration and 
                enforcement by the Secretary of section 7527A to 
                minimize the amount of advance payments made under 
                section 7527A to ineligible individuals and to prevent 
                abuse.
            ``(4) Joint returns.--Except as otherwise provided by the 
        Secretary, in the case of an advance payment made under section 
        7527A with respect to a joint return, half of such payment 
        shall be treated as having been made to each individual filing 
        such return.
            ``(5) Coordination with possessions of the united states.--
        For purposes of this subsection, payments made under section 
        7527A include payments made by any jurisdiction other than the 
        United States under section 7527A of the income tax law of such 
        jurisdiction, and advance payments made by American Samoa 
        pursuant to a plan described in subsection (k)(3)(B). Any 
        increase in tax imposed on a taxpayer by reason of paragraph 
        (2) of the income tax law of a jurisdiction other than the 
        United States shall be considered to reduce the aggregate 
        amount of payments made to such taxpayer by such jurisdiction. 
        In carrying out this section, the Secretary shall coordinate 
        with each possession of the United States to prevent any 
        application of this paragraph that is inconsistent with the 
        purposes of this subsection.''.
    (h) Application of Credit in Possessions.--
            (1) Puerto rico.--Paragraph (2) of subsection (k) of 
        section 24 of the Internal Revenue Code of 1986 is amended to 
        read as follows:
            ``(2) Cross references related to application of credit to 
        residents of puerto rico.--
                    ``(A) For application of refundable credit to 
                residents of Puerto Rico, see subsection (d).
                    ``(B) For application of advance payment to 
                residents of Puerto Rico, see section 
                7527A(b)(1)(A).''.
            (2) American samoa.--Paragraph (3) of subsection (k) of 
        section 24 of the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``subsection (i)(1)'' in 
                subparagraph (A) and inserting ``subsection (d)'',
                    (B) by striking subclause (II) of subparagraph 
                (C)(ii), and
                    (C) by striking ``under subparagraph (B)--'' and 
                all that follows through ``subsection (i)(1)'' in 
                subparagraph (C)(ii) and inserting ``under subparagraph 
                (B), subsection (d)''.
    (i) Conforming Amendments.--Subsection (h) of section 24 of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking paragraphs (2), (3), (5), and (6) and 
        redesignating paragraphs (4) and (7) as paragraphs (2) and (3), 
        respectively,
            (2) by striking ``paragraphs (2) through (7)'' in paragraph 
        (1) and inserting ``paragraphs (2) and (3)'',
            (3) by striking ``(after the application of paragraph 
        (2))'' in subparagraph (A) of paragraph (2), as so 
        redesignated, and
            (4) by striking ``paragraph (7)'' in subparagraph (C) of 
        paragraph (2), as so redesignated, and inserting ``paragraph 
        (3)''.
    (j) Regulations.--Section 24 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(l) Regulations.--The Secretary shall issue such regulations or 
other guidance as the Secretary determines necessary or appropriate to 
carry out the purposes of this section, including regulations or other 
guidance--
            ``(1) for determining whether an individual receives care 
        from a taxpayer for purposes of subsection (c)(1), and
            ``(2) to coordinate or modify the application of this 
        section and section 7527A in the case of any taxpayer--
                    ``(A) whose filing status for a taxable year is 
                different from the status used for determining one or 
                more monthly payments under section 7527A during such 
                taxable year, or
                    ``(B) whose principal place of abode for any year 
                is different from the principal place of abode used for 
                determining the monthly payment under section 7527A for 
                such year.''.
    (k) Monthly Advance Payment of Credit.--
            (1) In general.--Subsection (a) of section 7527A of the 
        Internal Revenue Code of 1986 is amended by striking ``for 
        making periodic payments'' and all that follows and inserting 
        ``for making monthly payments to taxpayers equal to the monthly 
        advance amount determined with respect to each such taxpayer 
        for months occurring during the taxable year.''.
            (2) Monthly advance amount.--So much of subsection (b) of 
        section 7527A of such Code as precedes paragraph (4) thereof is 
        amended to read as follows:
    ``(b) Monthly Advance Amount.--For purposes of this section--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the term `monthly advance amount' means, with 
        respect to any taxpayer for any calendar month, the amount (if 
        any) which is estimated by the Secretary as being equal to the 
        portion of the amount which would be treated as allowed under 
        subpart C of part IV of subchapter A of chapter 1 for the 
        taxable year under section 24(d) by reason of such month being 
        a qualifying month if--
                    ``(A) the status of the taxpayer as a taxpayer 
                described in section 24(d) is determined with respect 
                to the reference taxable year,
                    ``(B) the taxpayer's modified adjusted gross income 
                for the taxable year is equal to the taxpayer's 
                modified adjusted gross income for the reference 
                taxable year,
                    ``(C) unless otherwise determined by the Secretary 
                based on any information known to the Secretary, the 
                only qualifying children of such taxpayer for such 
                month are the qualifying children of such taxpayer for 
                the reference month, and
                    ``(D) unless otherwise determined by the Secretary 
                based on any information known to the Secretary, the 
                ages of such children (and the status of such children 
                as qualifying children) are determined for such month 
                by taking into account the passage of time since such 
                reference month.
            ``(2) Reference taxable year; reference month.--
                    ``(A) Reference taxable year.--Except as provided 
                in paragraph (3)(A), the term `reference taxable year' 
                means, with respect to any taxpayer for any calendar 
                month, the taxpayer's taxable year beginning in the 
                preceding calendar year or, in the case of a taxpayer 
                who did not file a return of tax for such taxable year, 
                the taxpayer's taxable year beginning in the second 
                preceding calendar year.
                    ``(B) Reference month.--The term `reference month' 
                means, with respect to any taxpayer for any calendar 
                month, the most recent of--
                            ``(i) the last month of the reference 
                        taxable year, or
                            ``(ii) the most recent calendar month, in 
                        the case of a taxpayer who provides, through a 
                        specified alternative mechanism, information 
                        which is sufficient to estimate the taxpayer's 
                        monthly advance amount for such month.
                    ``(C) Availability of information.--Any month or 
                year referred to in subparagraph (A) or (B) shall not 
                be taken into account in determining the reference 
                month or reference taxable year with respect to any 
                calendar month unless all relevant information with 
                respect to such month or year is available to the 
                Secretary and the Secretary has adequate time to make 
                estimates under this section on the basis of such 
                information before the beginning of such calendar 
                month.
                    ``(D) Treatment of insufficient information.--
                Except as otherwise provided by the Secretary--
                            ``(i) if a taxpayer is not described in 
                        subparagraph (B)(ii) with respect to any 
                        calendar month and did not file a return of tax 
                        for either of the 2 taxable years described in 
                        subparagraph (A) with respect to such month, 
                        the monthly advance amount with respect to such 
                        taxpayer for such calendar month shall be 
                        treated as zero unless the Secretary determines 
                        that the Secretary can make the estimate 
                        described in paragraph (1) on the basis of 
                        information known to the Secretary which the 
                        Secretary determines is reasonably reliable, 
                        and
                            ``(ii) if the taxpayer is not described in 
                        subparagraph (B)(ii) and the information on the 
                        return of tax filed for either of the 2 taxable 
                        years described in subparagraph (A) does not 
                        establish the status of the taxpayer (in the 
                        case of a joint return, either spouse) as 
                        having a principal place of abode (determined 
                        as provided in section 32) in the United States 
                        or Puerto Rico for more than \1/2\ of the 
                        reference month, the Secretary shall determine 
                        such status based on information known to the 
                        Secretary.
                    ``(E) Specified alternative mechanism.--The term 
                `specified alternative mechanism' means the on-line 
                portal established under subsection (c) and any other 
                mechanism or method established by the Secretary to 
                allow taxpayers to provide the information described in 
                subsection (c)(1) (including in connection with the 
                filing of any return of tax).
            ``(3) Modifications during calendar year.--
                    ``(A) In general.--The Secretary may modify, during 
                any taxable year, the monthly advance amount with 
                respect to any taxpayer for any month occurring during 
                such year to take into account--
                            ``(i) a return of tax filed by such 
                        taxpayer during such taxable year (and the 
                        taxable year to which such return relates may 
                        be taken into account as the reference taxable 
                        year), and
                            ``(ii) any other information provided by 
                        the taxpayer to the Secretary which allows the 
                        Secretary to determine payments under 
                        subsection (a) which, in the aggregate during 
                        any taxable year of the taxpayer, more closely 
                        total the Secretary's estimate of the amount 
                        treated as allowed under subpart C of part IV 
                        of subchapter A of chapter 1 by reason of 
                        section 24(d) for such taxable year of such 
                        taxpayer.
                    ``(B) Adjustment to reflect excess or deficit in 
                prior payments.--In the case of any modification of the 
                monthly advance amount under subparagraph (A), the 
                Secretary may adjust the amount of any monthly payment 
                made after the date of such modification to properly 
                take into account the amount by which any monthly 
                payment made before such date was greater than or less 
                than the amount that such payment would have been on 
                the basis of the monthly advance amount as so 
                modified.''.
            (3) On-line information portal.--Subsection (c) of section 
        7527A of such Code is amended to read as follows:
    ``(c) On-Line Information Portal.--
            ``(1) In general.--The Secretary shall establish an on-line 
        portal which allows taxpayers to--
                    ``(A) subject to such restrictions as the Secretary 
                may provide, elect to begin or cease receiving payments 
                under this section, and
                    ``(B) provide information to the Secretary which is 
                relevant in determining the monthly advance amount (or 
                any modification under subsection (b)(3)(B) of such 
                monthly advance amount) and the taxpayer's eligibility 
                for payments under this section, including information 
                regarding--
                            ``(i) the number of the taxpayer's 
                        qualifying children, including a child born 
                        during the taxable year,
                            ``(ii) the taxpayer's marital status,
                            ``(iii) the taxpayer's modified adjusted 
                        gross income,
                            ``(iv) the taxpayer's principal place of 
                        abode, and
                            ``(v) any other factor which the Secretary 
                        may provide.
            ``(2) Availability in multiple languages.--The Secretary 
        shall ensure that the on-line portal described in paragraph (1) 
        is available in multiple languages.''.
            (4) Application of advance payments in possessions.--
                    (A) Puerto rico.--Subparagraph (A) of section 
                7527A(e)(4) of such Code is amended to read as follows:
                    ``(A) Puerto rico.--
                            ``(i) For application of child tax credit 
                        to residents of Puerto Rico, see section 24(d).
                            ``(ii) For application of monthly advance 
                        payments to residents of Puerto Rico, see 
                        subsection (b)(1)(A).''.
                    (B) Conforming amendments.--Subparagraph (C) of 
                section 7527A(e)(4) of such Code is amended by striking 
                ``with respect to taxable years beginning in 2021'' 
                both places it appears in clauses (i) and (ii) and 
                inserting ``with respect to any taxable year''.
            (5) Administrative provisions.--
                    (A) In general.--Subsection (e) of section 7527A of 
                such Code is amended by adding at the end the following 
                new paragraph:
            ``(5) Assignment of benefits.--
                    ``(A) In general.--The right of any person to any 
                applicable payment shall not be transferable or 
                assignable, at law or in equity, and no applicable 
                payment shall be subject to, execution, levy, 
                attachment, garnishment, or other legal process, or the 
                operation of any bankruptcy or insolvency law.
                    ``(B) Encoding of payments.--In the case of an 
                applicable payment described in subparagraph 
                (E)(iii)(I) that is paid electronically by direct 
                deposit through the Automated Clearing House (ACH) 
                network, the Secretary of the Treasury (or the 
                Secretary's delegate) shall--
                            ``(i) issue the payment using a unique 
                        identifier that is reasonably sufficient to 
                        allow a financial institution to identify the 
                        payment as an applicable payment, and
                            ``(ii) further encode the payment pursuant 
                        to the same specifications as required for a 
                        benefit payment defined in section 212.3 of 
                        title 31, Code of Federal Regulations.
                    ``(C) Garnishment.--
                            ``(i) Encoded payments.--In the case of a 
                        garnishment order that applies to an account 
                        that has received an applicable payment that is 
                        encoded as provided in subparagraph (B), a 
                        financial institution shall follow the 
                        requirements and procedures set forth in part 
                        212 of title 31, Code of Federal Regulations, 
                        except--
                                    ``(I) notwithstanding section 212.4 
                                of title 31, Code of Federal 
                                Regulations (and except as provided in 
                                subclause (II)), a financial 
                                institution shall not fail to follow 
                                the procedures of sections 212.5 and 
                                212.6 of such title with respect to a 
                                garnishment order merely because such 
                                order has attached, or includes, a 
                                notice of right to garnish federal 
                                benefits issued by a State child 
                                support enforcement agency, and
                                    ``(II) a financial institution 
                                shall not, with regard to any 
                                applicable payment, be required to 
                                provide the notice referenced in 
                                sections 212.6 and 212.7 of title 31, 
                                Code of Federal Regulations.
                            ``(ii) Other payments.--In the case of a 
                        garnishment order (other than an order that has 
                        been served by the United States) that has been 
                        received by a financial institution and that 
                        applies to an account into which an applicable 
                        payment that has not been encoded as provided 
                        in subparagraph (B) has been deposited 
                        electronically on any date during the lookback 
                        period or into which an applicable payment that 
                        has been deposited by check on any date in the 
                        lookback period, the financial institution, 
                        upon the request of the account holder, shall 
                        treat the amount of the funds in the account at 
                        the time of the request, up to the amount of 
                        the applicable payment (in addition to any 
                        amounts otherwise protected under part 212 of 
                        title 31, Code of Federal Regulations), as 
                        exempt from a garnishment order without 
                        requiring the consent of the party serving the 
                        garnishment order or the judgment creditor.
                            ``(iii) Liability.--A financial institution 
                        that acts in good faith in reliance on clauses 
                        (i) or (ii) shall not be subject to liability 
                        or regulatory action under any Federal or State 
                        law, regulation, court or other order, or 
                        regulatory interpretation for actions 
                        concerning any applicable payments.
                    ``(D) No reclamation rights.--This paragraph shall 
                not alter the status of applicable payments as tax 
                refunds or other nonbenefit payments for purpose of any 
                reclamation rights of the Department of the Treasury or 
                the Internal Revenue Service as per part 210 of title 
                31, Code of Federal Regulations.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Account holder.--The term `account 
                        holder' means a natural person whose name 
                        appears in a financial institution's records as 
                        the direct or beneficial owner of an account.
                            ``(ii) Account review.--The term `account 
                        review' means the process of examining deposits 
                        in an account to determine if an applicable 
                        payment has been deposited into the account 
                        during the lookback period. The financial 
                        institution shall perform the account review 
                        following the procedures outlined in section 
                        212.5 of title 31, Code of Federal Regulations 
                        and in accordance with the requirements of 
                        section 212.6 of title 31, Code of Federal 
                        Regulations.
                            ``(iii) Applicable payment.--The term 
                        `applicable payment' means--
                                    ``(I) any payment made to an 
                                individual under this section (other 
                                than any payment made pursuant to 
                                paragraph (4)),
                                    ``(II) any advance payment made by 
                                a possession of the United States with 
                                a mirror code tax system (as defined in 
                                section 24(k)) pursuant to an election 
                                under paragraph (6)(B) which 
                                corresponds to a payment described in 
                                subclause (I), and
                                    ``(III) any advance payment made by 
                                American Samoa pursuant to a program 
                                for making such payments which is 
                                described in paragraph (6)(C)(ii).
                            ``(iv) Garnishment.--The term `garnishment' 
                        means execution, levy, attachment, garnishment, 
                        or other legal process.
                            ``(v) Garnishment order.--The term 
                        `garnishment order' means a writ, order, 
                        notice, summons, judgment, levy, or similar 
                        written instruction issued by a court, a State 
                        or State agency, a municipality or municipal 
                        corporation, or a State child support 
                        enforcement agency, including a lien arising by 
                        operation of law for overdue child support or 
                        an order to freeze the assets in an account, to 
                        effect a garnishment against a debtor.
                            ``(vi) Lookback period.--The term `lookback 
                        period' means the two month period that begins 
                        on the date preceding the date of account 
                        review and ends on the corresponding date of 
                        the month two months earlier, or on the last 
                        date of the month two months earlier if the 
                        corresponding date does not exist.''.
                    (B) Application of certain rules; extension.--
                Subsection (f) of section 7527A of such Code is amended 
                to read as follows:
    ``(f) Application of Certain Definitions and Rules Applicable to 
Child Tax Credit.--
            ``(1) Definitions.--Except as otherwise provided in this 
        section, terms used in this section which are also used in 
        section 24 shall have the same respective meanings as when used 
        in section 24.
            ``(2) Identification requirements.--Rules similar to the 
        rules which apply under subsections (e) and (h)(3) shall apply 
        for purposes of this section except that such rules shall apply 
        with respect to the return of tax for the reference taxable 
        year or, in the case of information provided through a 
        specified alternative mechanism, with respect to the 
        information provided through such mechanism.
            ``(3) Restrictions on taxpayers who improperly claimed 
        credit or received monthly advance child payments.--For 
        restrictions on taxpayers who improperly claimed credit or 
        received monthly advance child payments, see section 24(g).''.
            (6) Notice rule.--Subsection (d) of section 7527A of such 
        Code is amended by adding at the end the following: ``In the 
        case of any payments made to a taxpayer which the Secretary has 
        determined are subject to recapture, the notice provided under 
        paragraph (1) to such taxpayer shall include the amount of such 
        payments.''.
            (7) Notification of certain events.--Section 7527A of such 
        Code is amended by redesignating subsection (g) as subsection 
        (h) and by inserting after subsection (f) the following new 
        subsection:
    ``(k) Notification of Certain Events.--With respect to any taxpayer 
receiving monthly payments under this section with respect to any 
qualifying child, the Secretary shall, to the maximum extent 
practicable, provide reasonable advance notice of each of the 
following:
            ``(1) Any month with respect to which such monthly payment 
        will increase (relative to the preceding month) by reason of an 
        inflation adjustment under section 24(i).
            ``(2) Any month with respect to which such monthly payment 
        will be reduced (relative to the preceding month) by reason of 
        such child ceasing to be a qualifying child by reason of 
        attaining age 18 during the taxable year.
            ``(3) In the case of a taxpayer with a qualifying child to 
        whom the $300 amount under section 24(a) (as adjusted under 
        section 24(i)) applies, any month with respect to which such 
        monthly payment will be reduced by reason of such child 
        attaining age 6.''.
            (8) Conforming amendment.--Subsection (h) of section 7527A 
        of such Code, as redesignated by paragraph (7), is amended by 
        striking ``subsections (i)(1) and (j)'' and inserting 
        ``subsections (d) and (j)''.
            (9) Presumptive eligibility.--Section 7527A of such Code, 
        as amended by paragraph (7), is further amended by adding at 
        the end the following new subsection:
    ``(i) Presumptive Eligibility.--
            ``(1) In general.--An individual shall be treated as a 
        qualifying child of a taxpayer for purposes of determining any 
        monthly payment under this section only if such month is part 
        of the period of presumptive eligibility determined by the 
        Secretary under this subsection with respect to such qualifying 
        child and such taxpayer (determined by treating the month 
        described in subclause (I) of paragraph (2)(A)(ii) as being the 
        first month beginning after the determination described in such 
        subclause).
            ``(2) Period of presumptive eligibility.--For purposes of 
        this section--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, the term `period of presumptive 
                eligibility' means the period--
                            ``(i) beginning with the month for which 
                        presumptive eligibility is established, and
                            ``(ii) ending with the earliest of--
                                    ``(I) the beginning of the month 
                                described in clause (i) if the 
                                Secretary determines that the taxpayer 
                                committed fraud or intentionally 
                                disregarded rules or regulations in 
                                establishing or maintaining presumptive 
                                eligibility,
                                    ``(II) in the case of any 
                                notification from the Secretary that 
                                the period of presumptive eligibility 
                                has been terminated or suspended by 
                                reason of any question regarding 
                                eligibility of the taxpayer for monthly 
                                payments with respect to such child, 
                                the month specified in such notice as 
                                the month on which such termination or 
                                suspension begins, and
                                    ``(III) the month following any 
                                failure of the taxpayer to make the 
                                required annual renewal of presumptive 
                                eligibility by such date as the 
                                Secretary may provide.
                    ``(B) Establishing presumptive eligibility.--A 
                taxpayer shall establish presumptive eligibility with 
                respect to any qualifying child for any month at such 
                time and in such manner as the Secretary may provide. 
                Except as otherwise provided by the Secretary, in order 
                to establish a period of presumptive eligibility the 
                taxpayer must express a reasonable expectation and 
                intent that the taxpayer will continue to be eligible 
                with respect to such qualifying child for at least the 
                2 months following the month for which presumptive 
                eligibility is to be established.
                    ``(C) Method of establishing presumptive 
                eligibility.--The Secretary shall ensure information to 
                establish presumptive eligibility under this paragraph 
                may be provided on the return of tax for the taxable 
                year ending before the calendar year which includes the 
                month for which such eligibility is to be established, 
                through the on-line portal described in subsection (c), 
                or in such other manner as the Secretary may provide.
                    ``(D) Inclusion of automatic grace periods and 
                periods of hardship.--The period of presumptive 
                eligibility shall include any period to which 
                subparagraph (A) or (B) of paragraph (5) applies.
                    ``(E) Eligibility for birth or death of child.--The 
                Secretary shall issue regulations or other guidance to 
                establish procedures pursuant to which, to the maximum 
                extent administratively practicable--
                            ``(i) with respect to a child born during a 
                        calendar month--
                                    ``(I) a parent of such child is 
                                treated as automatically establishing 
                                presumptive eligibility with respect to 
                                such child,
                                    ``(II) the period of such automatic 
                                presumptive eligibility is determined, 
                                and
                                    ``(III) the first monthly payment 
                                is adjusted to be equal to the sum of 
                                the monthly advance amounts which would 
                                have been paid with respect to the 
                                child for months occurring during the 
                                calendar year if the child had been 
                                born in the preceding calendar year, 
                                and
                            ``(ii) with respect to a child who dies 
                        during a calendar month--
                                    ``(I) the taxpayer with respect to 
                                whom the child was a qualifying child 
                                for the last month the child was alive 
                                is treated as having established 
                                presumptive eligibility with respect to 
                                such child,
                                    ``(II) the period of such 
                                presumptive eligibility ends with the 
                                last day of the calendar year in which 
                                the child died, and
                                    ``(III) the monthly payments for 
                                the remainder of such calendar year are 
                                determined and paid as if the child 
                                were alive.
                    ``(F) Presumptive eligibility based on certain 
                government programs.--The Secretary shall issue 
                regulations or other guidance to establish procedures 
                under which--
                            ``(i) based on information provided to the 
                        Secretary by 1 or more government entities, a 
                        parent or specified relative of a child is 
                        treated as automatically establishing 
                        presumptive eligibility with respect to such 
                        child, and
                            ``(ii) the period for which such automatic 
                        presumptive eligibility is determined 
                        (including any additional circumstances under 
                        which such period will terminate).
                    ``(G) Coordination with presumption.--For purposes 
                of determining the status of any individual as a 
                qualifying child for purposes of determining 
                presumptive eligibility with respect to any period, 
                section 24(c) shall be applied without regard to 
                paragraph (8) thereof.
            ``(3) Notice of termination of presumptive eligibility by 
        reason of failure to make annual renewal.--If a taxpayer's 
        period of presumptive eligibility with respect to any 
        qualifying child terminates by reason of paragraph 
        (2)(A)(ii)(III), the Secretary shall provide the taxpayer a 
        written notice of such termination.
            ``(4) Qualifying child of more than 1 taxpayer.--
                    ``(A) In general.--In the event that (without 
                regard to this subparagraph) a period of presumptive 
                eligibility with respect to the same qualifying child 
                would exist for more than 1 taxpayer at the same time--
                            ``(i) except as otherwise provided in this 
                        section or by the Secretary, a period of 
                        presumptive eligibility shall exist only with 
                        respect to the taxpayer with the most recent 
                        reference taxable year,
                            ``(ii) the Secretary shall establish 
                        procedures under which the Secretary 
                        expeditiously adjudicates taxpayers' competing 
                        claims of presumptive eligibility with respect 
                        to the same child, and
                            ``(iii) the Secretary shall notify any 
                        taxpayer of the termination of a period of 
                        presumptive eligibility pursuant to this 
                        paragraph.
                    ``(B) Provisions related to adjudication.--
                            ``(i) Expedited process; appeals.--The 
                        procedures established under subparagraph 
                        (A)(ii) shall include--
                                    ``(I) an expedited process for 
                                taxpayers who meet such requirements as 
                                the Secretary may establish for such 
                                expedited process, and
                                    ``(II) procedures for adjudicating 
                                an appeal of an adverse decision.
                            ``(ii) Information receipt and 
                        coordination.--The Secretary may enter into 
                        agreements to receive information from, and 
                        otherwise coordinate with--
                                    ``(I) Federal agencies (including 
                                the Social Security Administration and 
                                the Department of Agriculture),
                                    ``(II) any State, local government, 
                                Tribal government, or possession of the 
                                United States, and
                                    ``(III) any other individual or 
                                entity that the Secretary determines to 
                                be appropriate for purposes of 
                                adjudicating a competing claim 
                                described in subparagraph (A).
                            ``(iii) Adjudication not treated as 
                        assessment.--An adjudication under the 
                        procedures established under subparagraph 
                        (A)(ii) (including the adjudication of any 
                        appeal) shall not be treated as an assessment 
                        described in section 6201.
                            ``(iv) Adjudication not treated as 
                        inspection of taxpayer's books of account.--The 
                        inspection of a taxpayer's books of account in 
                        connection with any adjudication under the 
                        procedures established under subparagraph 
                        (A)(ii) (including the adjudication of any 
                        appeal) shall not be treated as an examination 
                        or inspection of a taxpayer's books of account 
                        for purposes of section 7605(b).
                    ``(C) Retroactive payments.--If, pursuant to the 
                procedures established under subparagraph (A)(ii), the 
                Secretary determines that a child is a qualifying child 
                of a taxpayer and the Secretary did not make payments 
                to such taxpayer with respect to such child for any 
                portion of the period during which the determination 
                was made, the Secretary may make a one-time payment to 
                the taxpayer with respect to which such child is the 
                qualifying child in an amount equal to the aggregate 
                amount by which the monthly payments to such taxpayer 
                would have increased during such period if such 
                determination had been made immediately.
                    ``(D) Recapture of payments.--If, pursuant to the 
                procedures established under subparagraph (A)(ii), the 
                Secretary makes payments with respect to the child 
                during the period during which the determination is 
                made--
                            ``(i) the Secretary shall provide each 
                        taxpayer which receives such payments notice 
                        that such payments may be subject to recapture, 
                        and
                            ``(ii) upon making such determination, the 
                        Secretary shall determine on the basis of the 
                        facts and circumstances of each such taxpayer 
                        whether any such payments should be subject to 
                        recapture and shall so notify each such 
                        taxpayer.
            ``(5) Rules related to grace periods and hardships.--
                    ``(A) Automatic grace period.--
                            ``(i) In general.--Notwithstanding 
                        paragraph (4), in the case of any failure or 
                        delay in establishing a period of presumptive 
                        eligibility with respect to which the taxpayer 
                        elects the application of this clause, credit 
                        under section 24 or retroactive payment under 
                        this section (similar to the payment described 
                        in paragraph (4)(C)) shall be allowed or made 
                        with respect to so much of the period of such 
                        failure or delay as does not exceed 3 months. 
                        The preceding sentence shall not apply if the 
                        Secretary determines that such failure or delay 
                        was due to fraud or reckless or intentional 
                        disregard of rules and regulations.
                            ``(ii) Limitation.--Clause (i) shall not 
                        apply with respect to any taxpayer more than 
                        once during any 36-month period.
                    ``(B) Hardship.--Notwithstanding paragraph (4), if 
                the Secretary determines that a failure or delay in 
                establishing a period of presumptive eligibility with 
                respect to any qualifying child was due to domestic 
                violence, serious illness, natural disaster, or any 
                other hardship, credit under section 24 or retroactive 
                payment under this section (similar to the payment 
                described in paragraph (4)(C)) shall be allowed or made 
                with respect to so much of the period of such failure 
                or delay as does not exceed 6 months.''.
    (l) Disclosure of Information Relating to Advance Payment of Child 
Tax Credit.--Section 6103(e) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new paragraph:
            ``(12) Disclosure of information relating to advance 
        payment of child tax credit.--
                    ``(A) Joint filers.--In the case of an individual 
                to whom the Secretary makes payments under section 
                7527A, if the reference taxable year (as defined in 
                section 7527A(b)(2)(A)) that the Secretary uses to 
                calculate such payments is a year for which the 
                individual filed an income tax return jointly with 
                another individual, the Secretary may disclose to such 
                individual any information which is relevant in 
                determining the payment under section 7527A and the 
                individual's eligibility for such payment, including 
                information regarding any of the following:
                            ``(i) The number of qualifying children, 
                        including a child born during the taxable year.
                            ``(ii) The name and TIN of qualifying 
                        children.
                            ``(iii) Marital status.
                            ``(iv) Modified adjusted gross income.
                            ``(v) Principal place of abode.
                            ``(vi) Any other factor which the Secretary 
                        may provide pursuant to section 7527A(c).
                    ``(B) Competing claimants.--In the case of an 
                individual who has a competing claim of presumptive 
                eligibility with respect to a qualifying child under 
                section 7527A(i)(4)(A), the Secretary may disclose to 
                such individual return information provided by another 
                individual who has a competing claim of presumptive 
                eligibility with respect to the same qualifying child 
                in the course of the Secretary's adjudication of that 
                competing claim, as well as any other information 
                considered by the Secretary with respect to that 
                competing claim. Such information shall be limited to 
                the items specified in subparagraph (A) and the 
                following:
                            ``(i) Information received under any 
                        agreements or coordination the Secretary 
                        entered into with--
                                    ``(I) any State, local government, 
                                Tribal government, or possession of the 
                                United States, or
                                    ``(II) any other individual or 
                                entity that the Secretary determines to 
                                be appropriate for purposes of 
                                adjudicating a competing claim.
                            ``(ii) Information considered by the 
                        Secretary about where and with whom the child 
                        resided.
                            ``(iii) Information considered by the 
                        Secretary about expenditures made by the 
                        claimants to the extent such payments relate to 
                        the competing claim.''.
    (m) Additional Conforming Amendments.--
            (1) Section 6211(b)(4)(A) of such Code is amended by 
        striking ``subsections (d) and (i)(1)'' and inserting 
        ``subsection (d)''.
            (2) Section 6428(g)(3)(A) of such Code is amended by 
        striking ``24(h)(7)'' and inserting ``24(h)(3)''.
            (3) Section 6428A(g)(4) of such Code is amended by striking 
        ``24(h)(7)'' and inserting ``24(h)(3)''.
    (n) Effective Dates.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2023.
                                 <all>