[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6234 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6234
To establish a baby bonus program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2025
Ms. Tlaib (for herself, Ms. Norton, Ms. Lee of Pennsylvania, Mrs.
McIver, Ms. Omar, Mr. Thanedar, Mrs. Watson Coleman, Ms. Pressley, and
Mr. Kennedy of New York) introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To establish a baby bonus program.
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 ``Baby Bonus Act''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF BABY ASSISTANCE.
(a) In General.--There is established within the Social Security
Administration an office to be known as the Office of Baby Assistance.
The Office shall be headed by a Deputy Commissioner appointed by the
Commissioner of Social Security.
(b) Responsibilities of Deputy Commissioner.--The Commissioner,
acting through the Deputy Commissioner, shall--
(1) hire such personnel as are necessary for the Office of
Baby Assistance and make employment decisions with regard to
such personnel;
(2) have the authority to enter into contracts or
cooperative agreements with other agencies and departments as
are necessary to ensure the efficiency of the program;
(3) make baby bonus payments to eligible parents pursuant
to section 3;
(4) review applications for baby bonus payments;
(5) establish and maintain a system of records relating to
the administration of this Act;
(6) prevent fraud and abuse relating to baby bonus
payments;
(7) provide information to the public in relation to baby
bonus payments, including eligibility requirements, the
application process, payment amounts, and limitations on
payments;
(8) tailor culturally and linguistically competent
education and outreach toward increasing utilization rates of
baby bonus payments;
(9) issue an annual report to Congress detailing the effect
of baby bonus payments, including--
(A) the number of individuals receiving payments;
(B) the total amount of funds disbursed;
(C) demographic data of individuals receiving
payments; and
(D) such other information as the Deputy
Commissioner determines is necessary; and
(10) issue such regulations as are necessary to carry out
this Act.
(c) Availability of Data.--The Commissioner shall make available to
the Deputy Commissioner such data as the Commissioner determines
necessary to enable the Deputy Commissioner to effectively carry out
the responsibilities described in subsection (b).
SEC. 3. BABY BONUS PAYMENTS.
(a) Baby Bonus.--
(1) In general.--Beginning January 1st, 2026, and subject
to paragraph (2), the Commissioner shall pay, in relation to
each qualifying child, a baby bonus to one or more eligible
parents of such child in accordance with this section. In the
case of multiple qualifying children from a single pregnancy, a
separate payment shall be made for each qualifying child.
(2) Application required.--In order to receive a payment
under this section, an eligible parent (or an authorized
representative described in subsection (c)(5)) of a qualifying
child shall submit an application in accordance with subsection
(c). Such application shall be submitted not later than 1 year
after--
(A) the birth of the qualifying child in relation
to which such application is submitted; or
(B) in the case of the death of a fetus or
qualifying child as described in subsection (e), the
date of such death.
(3) Amount.--
(A) In general.--The amount of a baby bonus shall
be--
(i) for calendar year 2026, $2,000; and
(ii) for any calendar year after such
year--
(I) the amount in clause (i),
multiplied by
(II) the cost-of-living adjustment
determined under section 1(f)(3) of the
Internal Revenue Code of 1986 for the
calendar year in which the taxable year
begins, determined by substituting
``2026'' for ``2016'' in subparagraph
(A)(ii) thereof.
(B) Rounding.--If any amount determined under
subparagraph (A) is not a multiple of $1, such increase
shall be rounded to the next lower multiple of $1.
(b) Payment.--
(1) Date of payment.--Payment shall be made--
(A) if no objection is made as described in
paragraph (3)(A), during the 6-business day period
immediately following the 21-day period beginning on
the date on which notice is provided pursuant to such
paragraph;
(B) if such an objection is raised, during the 6-
business day period following the date on which the
Commissioner determines which eligible parent is
entitled to such money; or
(C) if the Commissioner determines pursuant to
paragraph (3)(A) that notice is not necessary, during
the 10-business day period beginning on the date on
which the application is approved under subsection
(c)(1).
(2) Advanced payment.--An eligible parent who has an
approved application under subsection (c)(2) is eligible to
receive a baby bonus up to 60 days before the expected due
date.
(3) Consideration of custody.--
(A) Notice requirement.--The Commissioner shall
provide notice to all known eligible parents when an
application for child payments is approved under
subsection (c)(1) providing 21 days for any objections
before payment is made. Notwithstanding the prior
sentence, the Commissioner may elect not to provide
such notice if the Commissioner determines that the
applicant has produced clear evidence that providing
such notice will not result in an individual other than
the eligible parent receiving the baby bonus payment.
(B) Child payments.--Where multiple eligible
parents submit applications for the same qualifying
child, payment shall be made to the eligible parent
who--
(i) has primary or sole physical custody,
as evidenced by a court order;
(ii) the child primarily resides with, in
the absence of such a court order; or
(iii) if neither clause (i) or (ii) can be
determined, the first approved applicant.
(C) Joint custody exception.--Notwithstanding
subparagraph (B), where parents have a court order
establishing equal shared physical custody, either
parent may request that the payment be divided equally.
The Commissioner shall so divide the payment unless the
other parent declines, in writing, their share of the
payment within 21 days of notification.
(D) Dispute resolution.--In cases in which a
dispute exists as to which eligible parent should
receive the payment pursuant to subparagraph (B) and
there is no applicable court order, the Commissioner
may require submission of such additional documentation
as the Commissioner determines appropriate before
making payment.
(E) Changed circumstances.--Notwithstanding
subsection (a)(1), the Commissioner may transfer
payment to a different eligible parent (or if payment
has already been made, may issue payment to a different
eligible parent and attempt to recover the original
payment in accordance with subsection (e)) upon
receiving documentation showing that--
(i) during the 1-year period beginning on
the date on which the child is born--
(I) custody arrangements were
modified by court order subsequent to
the initial application; or
(II) the original recipient died or
became legally incapacitated;
(ii) the original application contained
fraudulent information; and
(iii) in the case of payment made to a
prospective adoptive parent described in
section 4(4)(C)(ii)(II), the adoption is not
completed within 60 days of the birth of the
qualifying child.
(c) Application.--
(1) Approval process.--Not later than 14 days after the
receipt of an application, the Commissioner shall verify that
the applicant meets the requirements established under this
section. The application of any applicant so verified shall be
considered approved.
(2) Application.--Subject to paragraph (3), an eligible
parent (or an authorized representative described in paragraph
(5)) applying for a baby bonus payment shall provide the
Commissioner with an application in such form and manner as the
Commissioner may require. The application shall include--
(A) the name and social security account number or
taxpayer identification number of the eligible parent;
(B)(i) if the eligible parent is applying before
birth of the child, verification of gestational age
obtained under paragraph (4); or
(ii) if the eligible parent is applying
after the birth of the child, documentation
determined appropriate by the Commissioner to
prove the age and identity of the child;
(C) a written statement from the gestational parent
stating, under penalty of perjury pursuant to section
1746 of title 28, United States Code--
(i) whether such person is the biological
parent of such fetus; and
(ii) whether such person--
(I) intends to retain custody of
and parental rights to such child once
born;
(II) is acting as a gestational
surrogate pursuant to a written
surrogacy agreement and consents to the
intended parent receiving the baby
bonus payment; or
(III) has entered into a pre-birth
adoption agreement and consents to the
prospective adoptive parent receiving
the baby bonus payment;
(D) the contact information of any other eligible
parent known to the applicant; and
(E) such other information as the Commissioner
determines necessary.
(3) Simultaneous application.--If an eligible parent has
not received a baby bonus and does not have an application
under paragraph (2), the Commissioner shall treat an
application for a social security account number for a
qualifying child as an application for a baby bonus payment
under this section unless the eligible parent affirmatively
indicates on such social security account number application an
intent to opt out of receiving a baby bonus. The Commissioner
may require, as a condition of receiving a payment under
subsection (a), that the eligible parent submit information
required under paragraph (2) in addition to the application for
a social security account number.
(4) Verification of gestational age.--
(A) In general.--Upon the request of a gestational
parent, a physician may make a determination with
respect to the gestational age and expected due date of
the fetus. Any determination made under this paragraph
shall be based on the reasonable medical judgment of
the physician following such inquiries, examinations,
and tests as a reasonably prudent physician would deem
necessary for purposes of making such determination.
(B) Form.--If the physician has made a
determination pursuant to subparagraph (A) that the
gestational age of the fetus is 20 weeks or greater and
the expected due date is on or after January 1st, 2026,
such physician shall, upon the request of the
gestational parent, provide the gestational parent with
a form which includes the following:
(i) The gestational age and the expected
due date of the fetus.
(ii) The name and social security account
number or taxpayer identification number of the
gestational parent.
(iii) If the application is being submitted
by a spouse or domestic partner of a
gestational parent, the name and social
security account number or taxpayer
identification number of such spouse or
domestic partner.
(iv) The name and contact information of
the physician.
(v) A written documentation from such
physician stating, under penalty of perjury
pursuant to section 1746 of title 28, United
States Code, that--
(I) the gestational parent was
determined to be pregnant with the
fetus, according to standard medical
practice, by such physician; and
(II) such physician has determined
that, in their reasonable medical
judgment, the gestational age of the
fetus is 20 weeks or greater and the
expected due date is on or after
January 1st, 2026.
(5) Authorized representatives.--
(A) In general.--An application may be submitted on
behalf of an eligible parent by--
(i) a spouse or domestic partner;
(ii) a legal representative;
(iii) a healthcare provider involved in
providing prenatal or postnatal care to the
eligible parent; or
(iv) an social service agency determined
appropriate by the Commissioner to submit such
applications.
(B) Documentation.--The Commissioner may require
that a person submitting a request in accordance with
subparagraph (A) provide such documentation as the
Commissioner determines appropriate to prevent fraud or
abuse.
(d) Effect of Death or Loss of Qualifying Child.--In the case of
the involuntary death of a fetus or qualifying child, or the death of a
fetus or qualifying child as a result of any treatment intended to save
the life of the gestational parent or any treatment of an ectopic
pregnancy, occurring after 20 weeks gestation, such death shall have no
effect with respect to whether the payment is allowed under this
section to an eligible parent, provided that such person otherwise
satisfies the applicable requirements under this section.
(e) Payment Recovery; Penalties.--
(1) Overpayments and underpayment.--
(A) In general.--Whenever the Commissioner
determines that more or less than the correct amount of
payment has been made to a person, proper adjustment or
recovery shall be made in the same manner as adjustment
or recovery is made under section 204 of the Social
Security Act (42 U.S.C. 404) with respect to
overpayments or underpayments under title II of such
Act. Notwithstanding the previous sentence, payments
under such title may not be adjusted for the purpose of
recovering a payment under this section.
(B) Other recovery.--In the case of an overpayment
to an individual who later becomes entitled to a
benefit under this section, the Commissioner may
decrease such benefit in order to recover such
overpayment.
(2) Penalties.--Section 208 of the Social Security Act (42
U.S.C. 408) shall apply with respect to baby bonus payments
under this section in the same manner as such section applies
with respect to monthly insurance benefits under title II of
such Act.
(f) Income Disregard.--A baby bonus payment made under this section
shall not be taken into account as income for purposes of the Internal
Revenue Code of 1986, and shall not be taken into account as income or
resources for purposes of determining the eligibility of such
individual or any other individual for benefits or assistance, or the
amount or extent of benefits or assistance, under any Federal program
or under any State or local program financed in whole or in part with
Federal funds.
(g) Prohibition.--Notwithstanding any other provision of law,
information submitted pursuant to subsection (c) may not be used for
any purpose other than to determine eligibility for a baby bonus
payment under this section.
SEC. 4. DEFINITIONS.
In this section:
(1) Business day.--The term ``business day'' means any day
other than Saturday, Sunday, or a legal public holiday
described in section 6103 of title 5, United States Code.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(3) Deputy commissioner.--The term ``Deputy Commissioner''
means the Deputy Commissioner of the Office of Baby Assistance
established under section 2(a).
(4) Eligible parent.--The term ``eligible parent'' means an
individual (other than an ineligible person) who--
(A) resides in the United States;
(B) is--
(i) a citizen or national of the United
States; or
(ii) a qualified alien (as defined in
section 431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641)); and
(C) is--
(i) the parent (other than an ineligible
person) or legal guardian of a qualifying
child; or
(ii) if the parent is an ineligible
person--
(I) an intended parent in a
surrogacy arrangement; or
(II) a prospective adoptive parent
with a court-approved pre-birth
adoption agreement
(5) Fetus.--The term ``fetus'' means a human fetus and
includes an embryo.
(6) Gestational age.--The term ``gestational age'' means
the age of a fetus, as calculated from the first day of the
pregnant person's last menstrual period.
(7) Gestational parent.--The term ``gestational parent''
means an individual who is or was pregnant with a qualifying
child, including an individual who is an ineligible person.
(8) Ineligible person.--The term ``ineligible person''
means--
(A) a gestational parent who--
(i) enters into a court-approved pre-birth
adoption agreement with an adoptive parent; and
(ii) completes the adoption process for the
child within 60 days of birth; or
(B) a surrogate who has a surrogacy arrangement in
a State that recognizes the intended parent's legal
rights to the qualifying child upon birth.
(9) Physician.--The term ``physician'' means an individual
who is--
(A) licensed by a State or territory of the United
States to practice--
(i) medicine and surgery;
(ii) osteopathic medicine and surgery; or
(iii) midwifery; or
(B) otherwise legally authorized to--
(i) perform births and to diagnose and
attend miscarriages or stillbirths; and
(ii) perform examinations to determine the
gestational age of a fetus by the State in
which such practice is performed.
(10) Qualifying child.--The term ``qualifying child''
means--
(A) a child born on or after January 1st, 2026; or
(B) a fetus with a gestational age of at least 20
weeks and an expected due date on or after January 1st,
2026, as certified by a physician.
(11) Surrogate.--The term ``surrogate'' means an individual
who carries a fetus conceived through assisted reproductive
technology and who has entered into a surrogacy arrangement.
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