[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3513 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3513

 To provide Americans with paid sick time and paid leave so that they 
   can address their own health needs and the health needs of their 
                               families.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2020

Mrs. Murray (for herself, Mrs. Gillibrand, Mr. Schumer, Mr. Durbin, Mr. 
 Brown, Mr. Wyden, Ms. Warren, Mr. Sanders, Ms. Harris, Ms. Duckworth, 
  Mr. Blumenthal, Mr. Whitehouse, Mr. Van Hollen, Ms. Hirono, and Mr. 
Casey) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide Americans with paid sick time and paid leave so that they 
   can address their own health needs and the health needs of their 
                               families.

    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 ``Providing Americans Insured Days of 
Leave Act of 2020''.

  TITLE I--DISPLACEMENT OF THE LEAVE PROVISIONS OF THE FAMILIES FIRST 
                        CORONAVIRUS RESPONSE ACT

SEC. 101. REPEALS OF PORTIONS OF THE FAMILIES FIRST CORONAVIRUS 
              RESPONSE ACT.

    (a) After Enactment.--If this Act is enacted after the Families 
First Coronavirus Response Act is enacted, divisions C, E, and G of 
that Act are repealed, and all amendments made by those divisions shall 
be considered to have no force and effect.
    (b) Before Enactment.--If this Act is enacted before the Families 
First Coronavirus Response Act is enacted, effective 1 day after the 
date of enactment of that Act, divisions C, E, and G of that Act are 
repealed, and all amendments made by those divisions shall be 
considered to have no force and effect.

 TITLE II--IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND 
                PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES

SEC. 201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND 
              PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES.

    (a) In General.--
            (1) Reimbursement.--An employer of a covered individual who 
        uses paid sick time or emergency paid leave under title III 
        during a public health emergency shall be reimbursed by the 
        Secretary of the Treasury out of the Treasury of the United 
        States for the wages paid to the covered individual for the 
        period during which the covered individual used the paid sick 
        time or emergency paid leave.
            (2) Process.--
                    (A) Information.--To be eligible to receive such 
                reimbursement, the employer shall submit to the 
                Secretary of Labor an affidavit that attests that the 
                employer provided such paid sick time or emergency paid 
                leave, and related records showing the period of and 
                wages associated with the paid sick time or emergency 
                paid leave.
                    (B) Determination.--The Secretary shall review the 
                information in the affidavit and records and come to a 
                determination regarding the validity of such 
                information within 5 business days after receipt. If 
                the Secretary does not make a determination within the 
                5-business-day period, on the sixth business day after 
                receipt of such information the Secretary shall be 
                deemed to have determined the information to be valid.
                    (C) Reimbursement.--Upon the Secretary's 
                determination that the information is valid and that 
                the employer provided an amount of such paid sick time 
                or emergency paid leave to a covered individual, the 
                Secretary shall transmit the determination, affidavit, 
                and records to the Secretary of the Treasury, and the 
                Secretary of the Treasury shall provide timely 
                reimbursement out of the Treasury of the United States. 
                The Secretary of the Treasury shall provide that 
                reimbursement not later than 2 business days after 
                receipt of the determination from the Secretary of 
                Labor.
    (b) Fraud.--The Secretary of Labor and the Secretary of the 
Treasury shall both have authority to investigate fraud under this 
section and to seek recovery of fraudulently obtained funds and related 
penalties in any court of competent jurisdiction.
    (c) Application.--
            (1) In general.--Except as provided for in paragraph (2), 
        this section shall apply to all paid sick time and emergency 
        paid leave provided by employers under title III during 
        calendar year 2020 and calendar year 2021.
            (2) Future application to additional paid sick time.--This 
        section shall apply to all additional paid sick time provided 
        by employers under title III during any calendar year.

 TITLE III--PAID SICK DAYS AND PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES

SEC. 301. DEFINITIONS.

    In title II and this title:
            (1) Child.--The term ``child'' means a biological, foster, 
        or adopted child, a stepchild, a child of a domestic partner, a 
        legal ward, or a child of a person standing in loco parentis.
            (2) Covered individual.--The term ``covered individual'' 
        means an individual who is--
                    (A) an employee; or
                    (B) an individual performing any services or labor 
                for remuneration for an employer, regardless of whether 
                the individual is classified as an independent 
                contractor by the employer.
            (3) Domestic partner.--
                    (A) In general.--The term ``domestic partner'', 
                with respect to an individual, means another individual 
                with whom the individual is in a committed 
                relationship.
                    (B) Committed relationship defined.--The term 
                ``committed relationship'' means a relationship between 
                2 individuals, each at least 18 years of age, in which 
                each individual is the other individual's sole domestic 
                partner and both individuals share responsibility for a 
                significant measure of each other's common welfare. The 
                term includes any such relationship between 2 
                individuals, including individuals of the same sex, 
                that is granted legal recognition by a State or 
                political subdivision of a State as a marriage or 
                analogous relationship, including a civil union or 
                domestic partnership.
            (4) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the 
        reference in such section to the term ``jurisdiction receiving 
        grant monies'' shall be deemed to mean the jurisdiction in 
        which the victim lives or the jurisdiction in which the 
        employer involved is located. Such term also includes dating 
        violence, as that term is defined in such section.
            (5) Employee.--The term ``employee'' means an individual 
        who is--
                    (A)(i) an employee, as defined in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)), who is not covered under subparagraph (E), 
                except that a reference in such section to an employer 
                shall be considered to be a reference to an employer 
                described in clauses (i)(I) and (ii) of paragraph 
                (6)(A); or
                    (ii) an employee of the Government Accountability 
                Office;
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a));
                    (C) a covered employee, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301), other than an applicant for employment;
                    (D) a covered employee, as defined in section 
                411(c) of title 3, United States Code; or
                    (E) a Federal officer or employee covered under 
                subchapter V of chapter 63 of title 5, United States 
                Code, or any other individual occupying a position in 
                the civil service (as that term is defined in section 
                2102(1) of title 5, United States Code).
            (6) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (B), who is not covered under 
                        subclause (V);
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991;
                            (III) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995;
                            (IV) an employing office, as defined in 
                        section 411(c) of title 3, United States Code; 
                        or
                            (V) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                            (ii) engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government), as 
                        defined in subparagraph (B)(iii).
                    (B) Covered employer.--
                            (i) In general.--In subparagraph (A)(i)(I), 
                        the term ``covered employer''--
                                    (I) means any person engaged in 
                                commerce or in any industry or activity 
                                affecting commerce who employs one or 
                                more employees;
                                    (II) includes--
                                            (aa) any person who acts 
                                        directly or indirectly in the 
                                        interest of (within the meaning 
                                        of section 3(d) of the Fair 
                                        Labor Standards Act of 1938 (29 
                                        U.S.C. 203(d))) an employer in 
                                        relation to any of the 
                                        employees of such employer; and
                                            (bb) any successor in 
                                        interest of an employer;
                                    (III) includes any ``public 
                                agency'', as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x)); and
                                    (IV) includes the Government 
                                Accountability Office.
                            (ii) Public agency.--For purposes of 
                        subclause (III) or (IV) of clause (i), a public 
                        agency shall be considered to be a person 
                        engaged in commerce or in an industry or 
                        activity affecting commerce.
                            (iii) Definitions.--For purposes of this 
                        subparagraph:
                                    (I) Commerce.--The terms 
                                ``commerce'' and ``industry or activity 
                                affecting commerce'' mean any activity, 
                                business, or industry in commerce or in 
                                which a labor dispute would hinder or 
                                obstruct commerce or the free flow of 
                                commerce, and include ``commerce'' and 
                                any ``industry affecting commerce'', as 
                                defined in paragraphs (1) and (3) of 
                                section 501 of the Labor Management 
                                Relations Act, 1947 (29 U.S.C. 142 (1) 
                                and (3)).
                                    (II) Employee.--The term 
                                ``employee'' has the same meaning given 
                                such term in section 3(e) of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                203(e)).
                                    (III) Person.--The term ``person'' 
                                has the same meaning given such term in 
                                section 3(a) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                203(a)).
                    (C) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (7) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to covered 
        individuals by an employer, including group life insurance, 
        health insurance, disability insurance, sick leave, annual 
        leave, educational benefits, and pensions, regardless of 
        whether such benefits are provided by a practice or written 
        policy of an employer or through an ``employee benefit plan'', 
        as defined in section 3(3) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1002(3)).
            (8) FLSA terms.--The terms ``employ'' and ``State'' have 
        the meanings given the terms in section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203).
            (9) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A)(i) is a doctor of medicine or osteopathy who is 
                authorized to practice medicine or surgery (as 
                appropriate) by the State in which the doctor 
                practices; or
                    (ii) is any other person determined by the 
                Secretary to be capable of providing health care 
                services; and
                    (B) is not employed by an employer for whom the 
                provider issues certification under this title.
            (10) Paid sick time.--The term ``paid sick time'' means an 
        increment of compensated leave that--
                    (A) can be--
                            (i) earned by a covered individual for use 
                        during an absence from employment or work for a 
                        reason described in any paragraph of section 
                        302(b); or
                            (ii) provided by an employer during a 
                        public health emergency for use during an 
                        absence from employment or work for a reason 
                        described in any paragraph of section 302(b); 
                        and
                    (B) is compensated at a rate that is not less than 
                the greatest of--
                            (i) the covered individual's regular rate 
                        of pay;
                            (ii) the minimum wage rate provided for in 
                        section 6(a)(1) of the Fair Labor Standards Act 
                        of 1938 (29 U.S.C. 206(a)(1)); or
                            (iii) the minimum wage rate provided for in 
                        the applicable State or local law for the State 
                        or locality in which the covered individual is 
                        employed or works.
            (11) Parent.--The term ``parent'' means a biological, 
        foster, or adoptive parent of a covered individual, a 
        stepparent of a covered individual, a parent-in-law of a 
        covered individual, a parent of a domestic partner of a covered 
        individual, or a legal guardian or other person who stood in 
        loco parentis to a covered individual when the covered 
        individual was a child.
            (12) Public health emergency.--The term ``public health 
        emergency'' means--
                    (A) a public health emergency--
                            (i) declared by the Secretary of Health and 
                        Human Services for a jurisdiction, or by a 
                        State or local public health official with 
                        authority to declare such an emergency for the 
                        State or jurisdiction within the State; and
                            (ii) due to a public health condition that 
                        is--
                                    (I) emergent and acute; and
                                    (II) not a longstanding, chronic 
                                public health condition; and
                    (B) an emergency with respect to coronavirus, as 
                defined in section 506 of the Coronavirus Preparedness 
                and Response Supplemental Appropriations Act, 2020 
                (Public Law 116-123), declared by a Federal, State, or 
                local public official.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (14) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)).
            (15) Spouse.--The term ``spouse'', with respect to a 
        covered individual, has the meaning given such term by the 
        marriage laws of the State in which the marriage was 
        celebrated.
            (16) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002(a) of the Violence Against Women Act 
        of 1994 (34 U.S.C. 12291(a)).
            (17) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (18) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, sexual assault, or stalking or advocates for such 
        victims, including a rape crisis center, an organization 
        carrying out a domestic violence, sexual assault, or stalking 
        prevention or treatment program, an organization operating a 
        shelter or providing counseling services, or a legal services 
        organization or other organization providing assistance through 
        the legal process.
            (19) Work.--The term ``work'' means to be employed or to be 
        engaged in providing labor or services for an employer.

SEC. 302. PAID SICK TIME AND EMERGENCY PAID LEAVE.

    (a) Earning of Paid Sick Time.--
            (1) In general.--
                    (A) Earning.--Subject to subsection (c) and 
                paragraph (2), an employer shall provide each covered 
                individual employed by or working for the employer not 
                less than 1 hour of earned paid sick time for every 30 
                hours worked, to be used as described in subsection 
                (b).
                    (B) Limit.--An employer shall not be required to 
                permit a covered individual to earn, under this 
                subsection, more than 56 hours of paid sick time in a 
                year, unless the employer chooses to set a higher 
                limit.
            (2) Exempt employees.--
                    (A) In general.--Except as provided in paragraph 
                (3), for purposes of this subsection, an employee who 
                is exempt from overtime requirements under section 
                13(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 213(a)(1)) shall be assumed to work 40 hours in 
                each workweek.
                    (B) Shorter normal workweek.--If the normal 
                workweek of such an employee is less than 40 hours, the 
                employee shall earn paid sick time under this 
                subsection based upon that normal workweek.
            (3) Dates for beginning to earn paid sick time and use.--
                    (A) In general.--Covered individuals shall begin to 
                earn paid sick time under this subsection at the 
                commencement of their employment or work. A covered 
                individual shall be entitled to use the earned paid 
                sick time beginning on the 60th calendar day following 
                commencement of the covered individual's employment or 
                work. After that 60th calendar day, the covered 
                individual may use the paid sick time as the time is 
                earned. An employer may, at the discretion of the 
                employer, loan paid sick time to a covered individual 
                for use by such covered individual in advance of the 
                covered individual earning such sick time as provided 
                in this subsection and may permit use before the 60th 
                day of employment or work.
                    (B) Public health emergency.--Subparagraph (A) 
                shall not apply with respect to additional paid sick 
                time provided under subsection (c). In the event of a 
                public health emergency, a covered individual may 
                immediately use the accrued or additional paid sick 
                time described in subsection (c), regardless of how 
                long the covered individual has been employed by or 
                working for an employer.
            (4) Carryover.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paid sick time earned under this subsection shall 
                carry over from 1 year to the next.
                    (B) Construction.--This subsection shall not be 
                construed to require an employer to permit a covered 
                individual to earn more than 56 hours of earned paid 
                sick time at a given time.
            (5) Employers with existing policies.--Any employer with a 
        paid leave policy who makes available an amount of paid leave 
        that is sufficient to meet the requirements of this subsection 
        and that may be used for the same purposes and under the same 
        conditions as the purposes and conditions outlined in 
        subsection (b) shall not be required to permit a covered 
        individual to earn more paid sick time under this subsection.
            (6) Construction.--Nothing in this section shall be 
        construed as requiring financial or other reimbursement to a 
        covered individual from an employer upon the covered 
        individual's termination, resignation, retirement, or other 
        separation from employment or work for paid sick time that has 
        not been used.
            (7) Reinstatement.--If a covered individual is separated 
        from employment or work with an employer and is rehired or 
        reengaged for work, within 12 months after that separation, by 
        the same employer, the employer shall reinstate the covered 
        individual's previously earned paid sick time under this 
        subsection. The covered individual shall be entitled to use the 
        earned paid sick time and earn more paid sick time at the 
        recommencement of employment or work with the employer.
            (8) Prohibition.--An employer may not require, as a 
        condition of providing paid sick time under this title, that 
        the covered individual involved search for or find a 
        replacement covered individual to cover the hours during which 
        the covered individual is using paid sick time.
            (9) Scheduling.--A covered individual shall make a 
        reasonable effort to schedule a period of accrued paid sick 
        time under this subsection in a manner that does not unduly 
        disrupt the operations of the employer.
    (b) Uses.--Paid sick time or emergency paid leave under this 
section may be used by a covered individual for any of the following:
            (1) An absence resulting from a physical or mental illness, 
        injury, or medical condition of the covered individual.
            (2) An absence resulting from obtaining professional 
        medical diagnosis or care, or preventive medical care, for the 
        covered individual.
            (3) An absence resulting from the closure of a covered 
        individual's place of employment or work by order of a Federal 
        or State public official with jurisdiction, or at the 
        employer's discretion, due to a public health emergency.
            (4) An absence because a Federal or State public official 
        with jurisdiction or a health care provider has determined, or 
        the covered individual has independently determined, that the 
        covered individual's presence in the community may jeopardize 
        the health of others because of the covered individual's 
        exposure to a communicable disease during a public health 
        emergency or the exhibition of symptoms of a communicable 
        disease during a public health emergency, regardless of whether 
        the covered individual has actually contracted the communicable 
        disease.
            (5) An absence for the purpose of caring for a child, a 
        parent, a spouse, a domestic partner, or any other individual 
        related by blood or affinity whose close association with the 
        covered individual is the equivalent of a family relationship--
                    (A) who has any of the conditions or needs for 
                diagnosis or care described in paragraph (4);
                    (B) who is a child, if the child's school or place 
                of care has been closed by order of a Federal or State 
                public official with jurisdiction or at the discretion 
                of the school or place of care due to a public health 
                emergency, including if a school or entity operating 
                the place of care is physically closed but is providing 
                education or care to the child remotely; or
                    (C) because a Federal or State public official with 
                jurisdiction or a health care provider has determined 
                that the presence in the community of the person 
                receiving care may jeopardize the health of others 
                because of the person's exposure to a communicable 
                disease during a public health emergency, regardless of 
                whether the person has actually contracted the 
                communicable disease.
            (6) An absence for the purpose of caring for a child, a 
        parent, a spouse, a domestic partner, or any other individual 
        related by blood or affinity whose close association with the 
        covered individual is the equivalent of a family relationship--
                    (A) who has any of the conditions or needs for 
                diagnosis or care described in paragraph (1) or (2);
                    (B) who is a child, if the covered individual is 
                required to attend a school meeting or a meeting at a 
                place where the child is receiving care necessitated by 
                the child's health condition or disability; or
                    (C) who is otherwise in need of care.
            (7) An absence resulting from domestic violence, sexual 
        assault, or stalking, if the time is to--
                    (A) seek medical attention for the covered 
                individual or the covered individual's child, parent, 
                spouse, domestic partner, or an individual related to 
                the covered individual as described in paragraph (6), 
                to recover from physical or psychological injury or 
                disability caused by domestic violence, sexual assault, 
                or stalking;
                    (B) obtain or assist a related person described in 
                paragraph (6) in obtaining services from a victim 
                services organization;
                    (C) obtain or assist a related person described in 
                paragraph (6) in obtaining psychological or other 
                counseling;
                    (D) seek relocation; or
                    (E) take legal action, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or resulting from domestic violence, sexual 
                assault, or stalking.
    (c) Additional Paid Sick Time for Public Health Emergency.--
            (1) Additional paid sick time.--On the date of a 
        declaration of a public health emergency, an employer in the 
        jurisdiction involved shall provide each covered individual of 
        the employer in that jurisdiction with additional paid sick 
        time, in addition to any amount of paid sick time accrued by 
        the covered individual under subsection (a) (including paid 
        leave referred to in subsection (a)(5)).
            (2) Amount of paid sick time.--In receiving additional paid 
        sick time under paragraph (1), the covered individual shall 
        receive--
                    (A) for a full-time salaried covered individual, a 
                specified amount of paid sick time that is sufficient 
                to provide the covered individual with 14 continuous 
                days away from work without a reduction in pay; and
                    (B) subject to paragraph (3), for a part-time, 
                hourly, or piece-rate covered individual, a specified 
                amount of paid sick time equal to the number of hours 
                that the covered individual was scheduled to work or, 
                if not so scheduled, regularly works in a 14-day 
                period.
            (3) Varying schedule hours calculation.--
                    (A) In general.--In the case of a part-time, 
                hourly, or piece-rate covered individual described in 
                paragraph (2)(B) whose schedule varies from week to 
                week to such an extent that an employer is unable to 
                determine with certainty the number of hours the 
                covered individual regularly works, the employer shall 
                use the rules specified in subparagraph (B) to 
                calculate the amount of additional paid sick time that 
                the covered individual shall receive under paragraph 
                (2)(B).
                    (B) Special calculation rules.--The employer shall 
                calculate that amount as--
                            (i) subject to clause (ii), a number equal 
                        to the average number of hours that the covered 
                        individual was scheduled to work per 14-day 
                        period over the 6-month period ending on the 
                        date on which the covered individual takes such 
                        additional paid sick time, including hours for 
                        which the covered individual took leave of any 
                        type; or
                            (ii) if the covered individual did not work 
                        over such 6-month period, the reasonable 
                        expectation of the covered individual at the 
                        time of hiring or engagement of the average 
                        number of hours per 14-day period that the 
                        covered individual would regularly be scheduled 
                        to work.
            (4) Guidelines.--Not later than 5 days after the date of 
        the enactment of this Act, the Secretary of Labor shall issue 
        guidelines to assist employers in calculating the amount of 
        additional paid sick time that a covered individual shall 
        receive under this subsection.
            (5) Use of leave.--The additional sick time and accrued 
        sick time described in this subsection shall be available for 
        immediate use by the covered individual for the purposes 
        described in any paragraph of subsection (b) beginning on the 
        date a public health emergency is declared, regardless of how 
        long the covered individual has been employed by or working for 
        an employer.
            (6) Periods.--A covered individual may take the additional 
        sick time on the schedule that meets the covered individual's 
        needs, consistent with subsection (b), including taking the 
        additional sick time intermittently or on a reduced leave 
        schedule, and an employer may not require a covered individual 
        to take the additional sick time in a single period or on any 
        other schedule specified by the employer.
    (d) Emergency Paid Leave for Public Health Emergency.--
            (1) In general.--Subject to section 401, during a public 
        health emergency, an employer in the jurisdiction involved 
        shall provide each covered individual of the employer in that 
        jurisdiction with emergency paid leave, in addition to any 
        amount of paid sick time accrued by the covered individual 
        under subsection (a) (including paid leave referred to in 
        subsection (a)(5)) and in addition to additional paid sick time 
        under subsection (c).
            (2) Amount of paid leave.--In receiving emergency paid 
        leave under paragraph (1), the covered individual shall receive 
        12 weeks of such paid leave.
            (3) Amount of benefit.--In receiving emergency paid leave 
        under paragraph (1), the covered individual shall be 
        compensated at a rate that is not less than the greatest of--
                    (A) two-thirds of the covered individual's regular 
                rate of pay;
                    (B) the minimum wage rate provided for in section 
                6(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 206(a)(1)); or
                    (C) the minimum wage rate provided for in the 
                applicable State or local law for the State or locality 
                in which the covered individual is employed or working.
            (4) Use of leave.--The emergency paid leave described in 
        this subsection shall be available for immediate use by the 
        covered individual for the purposes described in any paragraph 
        of subsection (b), and for qualified caregiving, as defined in 
        section 402 and in a manner such that section 404(j) shall 
        apply, beginning on the date a public health emergency is 
        declared, regardless of how long the covered individual has 
        been employed by or working for an employer.
            (5) Periods.--A covered individual may take the emergency 
        paid leave on the schedule that meets the covered individual's 
        needs, consistent with subsection (b) and section 402, 
        including taking the emergency paid leave intermittently or on 
        a reduced leave schedule, and an employer may not require a 
        covered individual to take the emergency paid leave in a single 
        period or on any other schedule specified by the employer.
            (6) Sequencing.--During a public health emergency, a 
        covered individual may first use the additional sick time for 
        the purposes described in any paragraph of subsection (b). The 
        covered individual may then use the emergency paid leave during 
        a public health emergency. A covered individual may elect to 
        use accrued sick time before additional sick time or emergency 
        paid leave. An employer may not require a covered individual to 
        use accrued sick time or any other paid leave provided by the 
        employer to the covered individual, before using additional 
        sick time or emergency paid leave.
            (7) Construction.--Nothing in this section shall be 
        construed as requiring financial or other reimbursement to a 
        covered individual from an employer upon the covered 
        individual's termination, resignation, retirement, or other 
        separation from employment or work for emergency paid leave 
        that has not been used.
            (8) Prohibition.--An employer may not require, as a 
        condition of providing emergency paid leave under this title, 
        that the covered individual involved search for or find a 
        replacement covered individual to cover the hours during which 
        the covered individual is using emergency paid leave.
    (e) Procedures.--
            (1) In general.--Paid sick time and emergency paid leave 
        shall be provided upon the oral or written request of a covered 
        individual. Such request shall--
                    (A) include the expected duration of the period of 
                such time or leave;
                    (B) in a case in which the need for such period of 
                time is foreseeable at least 7 days in advance of such 
                period, be provided at least 7 days in advance of such 
                period; and
                    (C) otherwise, be provided as soon as practicable 
                after the covered individual is aware of the need for 
                such period.
            (2) Certification in general.--
                    (A) Provision.--
                            (i) In general.--Subject to subparagraphs 
                        (C) and (D), an employer may require that a 
                        request for paid sick time under this section 
                        for a purpose described in paragraph (1), (2), 
                        or (6) of subsection (b) be supported by a 
                        certification issued by the health care 
                        provider of the covered individual or of an 
                        individual described in subsection (b)(6), as 
                        appropriate, if the period of such time covers 
                        more than 3 consecutive workdays.
                            (ii) Timeliness.--The covered individual 
                        shall provide a copy of such certification to 
                        the employer in a timely manner, not later than 
                        30 days after the first day of the period of 
                        time. The employer shall not delay the 
                        commencement of the period of time on the basis 
                        that the employer has not yet received the 
                        certification.
                    (B) Sufficient certification.--
                            (i) In general.--A certification provided 
                        under subparagraph (A) shall be sufficient if 
                        it states--
                                    (I) the date on which the period of 
                                time will be needed;
                                    (II) the probable duration of the 
                                period of time;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                provider regarding the condition 
                                involved, subject to clause (ii); and
                                    (IV)(aa) for purposes of paid sick 
                                time under subsection (b)(1), a 
                                statement that absence from work is 
                                medically necessary;
                                    (bb) for purposes of such time 
                                under subsection (b)(2), the dates on 
                                which testing for a medical diagnosis 
                                or care is expected to be given and the 
                                duration of such testing or care; and
                                    (cc) for purposes of such time 
                                under subsection (b)(6), in the case of 
                                time to care for someone who is not a 
                                child, a statement that care is needed 
                                for an individual described in such 
                                subsection, and an estimate of the 
                                amount of time that such care is needed 
                                for such individual.
                            (ii) Limitation.--In issuing a 
                        certification under subparagraph (A), a health 
                        care provider shall make reasonable efforts to 
                        limit the medical facts described in clause 
                        (i)(III) that are disclosed in the 
                        certification to the minimum necessary to 
                        establish a need for the covered individual to 
                        utilize paid sick time.
                    (C) Public health emergencies.--No certification or 
                other documentation may be required under this title by 
                an employer during any public health emergency.
                    (D) Regulations.--Regulations prescribed under 
                section 311 shall specify the manner in which a covered 
                individual who does not have health insurance shall 
                provide a certification for purposes of this paragraph.
                    (E) Confidentiality and nondisclosure.--
                            (i) Protected health information.--Nothing 
                        in this title shall be construed to require a 
                        health care provider to disclose information in 
                        violation of section 1177 of the Social 
                        Security Act (42 U.S.C. 1320d-6) or the 
                        regulations promulgated pursuant to section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act of 1996 (42 U.S.C. 1320d-2 
                        note).
                            (ii) Health information records.--If an 
                        employer possesses health information about a 
                        covered individual or a covered individual's 
                        child, parent, spouse, domestic partner, or an 
                        individual related to the covered individual as 
                        described in subsection (b)(6), such 
                        information shall--
                                    (I) be maintained on a separate 
                                form and in a separate file from other 
                                personnel information;
                                    (II) be treated as a confidential 
                                medical record; and
                                    (III) not be disclosed except to 
                                the affected covered individual or with 
                                the permission of the affected covered 
                                individual.
            (3) Certification in the case of domestic violence, sexual 
        assault, or stalking.--
                    (A) In general.--An employer may require that a 
                request for paid sick time for a purpose described in 
                subsection (b)(7) be supported by any one of the 
                following forms of documentation, but the employer may 
                not specify the particular form of documentation to be 
                provided:
                            (i) A police report indicating that the 
                        covered individual, or a member of the covered 
                        individual's family described in subsection 
                        (b)(7), was a victim of domestic violence, 
                        sexual assault, or stalking.
                            (ii) A court order protecting or separating 
                        the covered individual or a member of the 
                        covered individual's family described in 
                        subsection (b)(7) from the perpetrator of an 
                        act of domestic violence, sexual assault, or 
                        stalking, or other evidence from the court or 
                        prosecuting attorney that the covered 
                        individual or a member of the covered 
                        individual's family described in subsection 
                        (b)(7) has appeared in court or is scheduled to 
                        appear in court in a proceeding related to 
                        domestic violence, sexual assault, or stalking.
                            (iii) Other documentation signed by a 
                        covered individual or volunteer working for a 
                        victim services organization, an attorney, a 
                        police officer, a medical professional, a 
                        social worker, an antiviolence counselor, or a 
                        member of the clergy, affirming that the 
                        covered individual or a member of the covered 
                        individual's family described in subsection 
                        (b)(7) is a victim of domestic violence, sexual 
                        assault, or stalking.
                    (B) Requirements.--The requirements of paragraph 
                (2) shall apply to certifications under this paragraph, 
                except that--
                            (i) subclauses (III) and (IV) of 
                        subparagraph (B)(i) and subparagraph (B)(ii) of 
                        such paragraph shall not apply;
                            (ii) the certification shall state the 
                        reason that the leave is required with the 
                        facts to be disclosed limited to the minimum 
                        necessary to establish a need for the covered 
                        individual to be absent from work, and the 
                        covered individual shall not be required to 
                        explain the details of the domestic violence, 
                        sexual assault, or stalking involved; and
                            (iii) with respect to confidentiality under 
                        subparagraph (E) of such paragraph, any 
                        information provided to the employer under this 
                        paragraph shall be confidential, except to the 
                        extent that any disclosure of such information 
                        is--
                                    (I) requested or consented to in 
                                writing by the covered individual; or
                                    (II) otherwise required by 
                                applicable Federal or State law.
    (f) Restoration to Position.--The provisions of section 104(a) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(a)) or section 
6384 of title 5, United States Code, as the case may be, shall apply to 
a covered individual taking accrued or additional paid sick time, or 
emergency paid leave, under this title, and to the employer of the 
covered individual. Such provisions shall be enforced in accordance 
with this title.
    (g) Maintenance of Health Benefits.--The provisions of section 
104(c)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2614(c)(1)) shall apply to a covered individual taking accrued or 
additional paid sick time, or emergency paid leave, under this title, 
and to the employer of the covered individual. Such provisions shall be 
enforced in accordance with this title.
    (h) No Effect on Eligibility for Supplemental Security Income.--Any 
paid sick time or emergency paid leave provided to a covered individual 
under this title shall not be regarded as income or resources for any 
month, for purposes of determining the eligibility of the recipient (or 
the recipient's spouse or family) for benefits or assistance, or the 
amount or extent of benefits or assistance, under the supplemental 
security income program established under title XVI of the Social 
Security Act (42 U.S.C. 1381 et seq.).

SEC. 303. EMPLOYMENT UNDER MULTIEMPLOYER COLLECTIVE BARGAINING 
              AGREEMENTS.

    (a) Employers.--An employer signatory to a multiemployer collective 
bargaining agreement may, consistent with its bargaining obligations 
and its collective bargaining agreement, fulfill its obligations under 
this title by making contributions to a multiemployer fund, plan, or 
program based on the hours of paid sick time, and of emergency paid 
leave, each of its employees is entitled to under this title while 
working under the multiemployer collective bargaining agreement, 
provided that the fund, plan, or program enables employees to secure 
pay from such fund, plan, or program based on the hours the employees 
have worked under the multiemployer collective bargaining agreement and 
for the amount of time and uses specified under this title.
    (b) Employees.--Employees who work under a multiemployer collective 
bargaining agreement into which their employers make contributions as 
provided in subsection (a) may secure pay from such fund, plan, or 
program based on hours the employees have worked under the 
multiemployer collective bargaining agreement for the amount of time 
and uses specified under this title.

SEC. 304. NOTICE REQUIREMENT.

    (a) In General.--Each employer shall notify each covered individual 
and include in any covered individual handbook the information 
described in paragraphs (1) through (4). Each employer shall post and 
keep posted a notice, to be prepared or approved in accordance with 
procedures specified in regulations prescribed under section 311, 
setting forth excerpts from, or summaries of, the pertinent provisions 
of this title including--
            (1) information describing paid sick time and paid 
        emergency leave available to covered individuals under this 
        title;
            (2) information pertaining to the filing of an action under 
        this title;
            (3) the details of the notice requirement for a foreseeable 
        period of time under section 302(e)(1)(B); and
            (4) information that describes--
                    (A) the protections that a covered individual has 
                in exercising rights under this title; and
                    (B) how the covered individual can contact the 
                Secretary (or other appropriate authority as described 
                in section 306) if any of the rights are violated.
    (b) Location.--The notice described under subsection (a) shall be 
posted--
            (1) in conspicuous places on the premises of the employer, 
        where notices to covered individuals (including applicants) are 
        customarily posted; or
            (2) in covered individual handbooks.
    (c) Model Notice.--Not later than 5 days after the date of 
enactment of this Act, the Secretary of Labor shall make publicly 
available a model notice that meets the requirements of subsection (a).
    (d) Violation; Penalty.--Any employer who willfully violates the 
posting requirements of this section shall be subject to a civil fine 
in an amount not to exceed $100 for each separate offense.

SEC. 305. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the exercise of, 
        or the attempt to exercise, any right provided under this 
        title, including--
                    (A) discharging or discriminating against 
                (including retaliating against) any individual, 
                including a job applicant, for exercising, or 
                attempting to exercise, any right provided under this 
                title;
                    (B) using the taking of paid sick time or emergency 
                paid leave under this title as a negative factor in an 
                employment action or work-related action, such as 
                hiring, promotion, reducing hours or number of shifts, 
                or a disciplinary action; or
                    (C) counting the paid sick time or emergency paid 
                leave under a no-fault attendance policy or any other 
                absence control policy.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against 
        (including retaliating against) any individual, including a job 
        applicant, for opposing any practice made unlawful by this 
        title.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against (including retaliating against) any individual, 
including a job applicant, because such individual--
            (1) has filed an action, or has instituted or caused to be 
        instituted any proceeding, under or related to this title;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this title; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this title.
    (c) Construction.--Nothing in this section shall be construed to 
state or imply that the scope of the activities prohibited by section 
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is 
less than the scope of the activities prohibited by this section.

SEC. 306. ENFORCEMENT AUTHORITY.

    (a) In General.--
            (1) Definition.--In this subsection--
                    (A) the term ``employee'' means an employee 
                described in subparagraph (A) or (B) of section 301(5) 
                or a corresponding covered individual; and
                    (B) the term ``employer'' means an employer 
                described in subclause (I) or (II) of section 
                301(6)(A)(i).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this title, or any regulation or order 
                issued under this title, the Secretary shall have, 
                subject to subparagraph (C), the investigative 
                authority provided under section 11(a) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
                respect to employers, employees, and other individuals 
                affected.
                    (B) Obligation to keep and preserve records.--An 
                employer shall make, keep, and preserve records 
                pertaining to compliance with this title in accordance 
                with section 11(c) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 211(c)) and in accordance with 
                regulations prescribed by the Secretary.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require, under 
                the authority of this paragraph, an employer to submit 
                to the Secretary any books or records more than once 
                during any 12-month period, unless the Secretary has 
                reasonable cause to believe there may exist a violation 
                of this title or any regulation or order issued 
                pursuant to this title, or is investigating a charge 
                pursuant to paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation provided for in this paragraph, the 
                Secretary shall have the subpoena authority provided 
                for under section 9 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 209).
            (3) Civil action by employees or individuals.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (C) may be maintained against any employer in any 
                Federal or State court of competent jurisdiction by one 
                or more employees or individuals or their 
                representative for and on behalf of--
                            (i) the employees or individuals; or
                            (ii) the employees or individuals and 
                        others similarly situated.
                    (B) No waiver.--In such an action brought by one or 
                more employees or individuals or their representative 
                for and on behalf of the persons described in clause 
                (i) or (ii) of subparagraph (A), to enforce the rights 
                in this title, no court of competent jurisdiction may 
                grant an employer's motion to compel arbitration, under 
                chapter 1 of title 9, United States Code, or any 
                analogous State arbitration statute, of the claims 
                involved. An employee's right to bring an action on 
                behalf of similarly situated employees to enforce such 
                rights may not be subject to any private agreement that 
                purports to require the employees to pursue claims on 
                an individual basis.
                    (C) Liability.--Any employer who violates section 
                305 (including a violation relating to rights provided 
                under section 302) shall be liable to any employee or 
                individual affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost by 
                                        reason of the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost, 
                                        any actual monetary losses 
                                        sustained as a direct result of 
                                        the violation up to a sum equal 
                                        to 56 hours of wages or salary 
                                        for the employee or individual, 
                                        or the specified period 
                                        described in subsection (c)(2) 
                                        or (d)(2) of section 302, or a 
                                        combination of those hours and 
                                        that period, as the case may 
                                        be;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages; and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (D) Fees and costs.--The court in an action under 
                this paragraph shall, in addition to any judgment 
                awarded to the plaintiff, allow a reasonable attorney's 
                fee, reasonable expert witness fees, and other costs of 
                the action to be paid by the defendant.
            (4) Action by the secretary.--
                    (A) Administrative action.--The Secretary shall 
                receive, investigate, and attempt to resolve complaints 
                of violations of section 305 (including a violation 
                relating to rights provided under section 302) in the 
                same manner that the Secretary receives, investigates, 
                and attempts to resolve complaints of violations of 
                sections 6 and 7 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206 and 207).
                    (B) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (3)(C)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to subparagraph (B) shall be held in 
                a special deposit account and shall be paid, on order 
                of the Secretary, directly to each employee or 
                individual affected. Any such sums not paid to an 
                employee or individual affected because of inability to 
                do so within a period of 3 years shall be deposited 
                into the Treasury of the United States as miscellaneous 
                receipts.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of section 305 
                (including a willful violation relating to rights 
                provided under section 302), such action may be brought 
                within 3 years of the date of the last event 
                constituting the alleged violation for which such 
                action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph, it shall be considered to 
                be commenced on the date when the complaint is filed.
            (6) Action for injunction by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of section 305 
                (including a violation relating to rights provided 
                under section 302), including the restraint of any 
                withholding of payment of wages, salary, employment 
                benefits, or other compensation, plus interest, found 
                by the court to be due to employees or individuals 
                eligible under this title; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) Government accountability office.--Notwithstanding any 
        other provision of this subsection, in the case of the 
        Government Accountability Office, the authority of the 
        Secretary of Labor under this subsection shall be exercised by 
        the Comptroller General of the United States.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) 
including section 401(d) of such Act (2 U.S.C. 1401(d)), to the Board 
(as defined in section 101 of that Act (2 U.S.C. 1301)), the 
corresponding Federal agency described in that section 401(d), or any 
person, alleging a violation of subsection (a)(1) of section 202 of 
that Act (2 U.S.C. 1312) shall be the powers, remedies, and procedures 
this title provides to that Board, the corresponding Federal agency, or 
any person, alleging an unlawful employment practice in violation of 
this title against an employee described in section 301(5)(C) or a 
corresponding covered individual.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this title provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this title against an employee described in section 301(5)(D) or a 
corresponding covered individual.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title shall 
be the powers, remedies, and procedures this title provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this title against an employee 
described in section 301(5)(E) or a corresponding covered individual.
    (e) Remedies for State Employees.--
            (1) Waiver of sovereign immunity.--A State's receipt or use 
        of Federal financial assistance for any program or activity of 
        a State shall constitute a waiver of sovereign immunity, under 
        the 11th Amendment to the Constitution or otherwise, to a suit 
        brought by a covered individual of that program or activity 
        under this title for equitable, legal, or other relief 
        authorized under this title.
            (2) Official capacity.--An official of a State may be sued 
        in the official capacity of the official by any covered 
        individual who has complied with the procedures under 
        subsection (a)(3), for injunctive relief that is authorized 
        under this title. In such a suit the court may award to the 
        prevailing party those costs authorized by section 722 of the 
        Revised Statutes (42 U.S.C. 1988).
            (3) Applicability.--With respect to a particular program or 
        activity, paragraph (1) applies to conduct occurring on or 
        after the day, after the date of enactment of this Act, on 
        which a State first receives or uses Federal financial 
        assistance for that program or activity.
            (4) Definition of program or activity.--In this subsection, 
        the term ``program or activity'' has the meaning given the term 
        in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a).

SEC. 307. EDUCATION AND OUTREACH.

    The Secretary may conduct a public awareness campaign to educate 
and inform the public of the requirements for paid sick time and paid 
emergency leave required by this title.

SEC. 308. EFFECT ON OTHER LAWS.

    (a) Federal and State Antidiscrimination Laws.--Nothing in this 
title shall be construed to modify or affect any Federal or State law 
prohibiting discrimination on the basis of race, religion, color, 
national origin, sex, age, disability, sexual orientation, gender 
identity, marital status, familial status, or any other protected 
status.
    (b) State and Local Laws.--Nothing in this title shall be construed 
to supersede (including preempting) any provision of any State or local 
law that provides greater paid sick time or leave rights (including 
greater amounts of paid sick time or leave, or greater coverage of 
those eligible for paid sick time or leave) than the rights established 
under this title.

SEC. 309. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

    (a) More Protective.--Nothing in this title shall be construed to 
diminish the obligation of an employer to comply with any contract, 
collective bargaining agreement, or any employment benefit program or 
plan that provides greater paid sick leave or other leave rights to 
covered individuals than the rights established under this title.
    (b) Less Protective.--The rights established for covered 
individuals under this title shall not be diminished by any contract, 
collective bargaining agreement, or any employment benefit program or 
plan.

SEC. 310. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

    Nothing in this title shall be construed to discourage employers 
from adopting or retaining leave policies more generous than policies 
that comply with the requirements of this title.

SEC. 311. REGULATIONS.

    (a) In General.--
            (1) Authority.--Except as provided in paragraph (2) and 
        subject to subsection (e), not later than 180 days after the 
        date of enactment of this Act, the Secretary shall prescribe 
        such regulations as are necessary to carry out this title with 
        respect to employees described in subparagraph (A) or (B) of 
        section 301(5), corresponding covered individuals, and other 
        individuals affected by employers described in subclause (I) or 
        (II) of section 301(6)(A)(i).
            (2) Government accountability office.--Subject to 
        subsection (e), the Comptroller General of the United States 
        shall prescribe the regulations with respect to employees of 
        the Government Accountability Office, corresponding covered 
        individuals, and other individuals affected by the Comptroller 
        General of the United States.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) Authority.--Subject to subsection (e), not later than 
        90 days after the Secretary prescribes regulations under 
        subsection (a), the Board of Directors of the Office of 
        Congressional Workplace Rights shall prescribe (in accordance 
        with section 304 of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1384)) and the corresponding Federal agency 
        described in section 401(d) of such Act (2 U.S.C. 1401(d)) 
        shall prescribe such regulations as are necessary to carry out 
        this title with respect to employees described in section 
        301(5)(C), corresponding covered individuals, and other 
        individuals affected by employers described in section 
        301(6)(A)(i)(III).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this title except 
        insofar as the Board may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) Authority.--Subject to subsection (e), not later than 
        90 days after the Secretary prescribes regulations under 
        subsection (a), the President (or the designee of the 
        President) shall prescribe such regulations as are necessary to 
        carry out this title with respect to employees described in 
        section 301(5)(D), corresponding covered individuals, and other 
        individuals affected by employers described in section 
        301(6)(A)(i)(IV).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this title except 
        insofar as the President (or designee) may determine, for good 
        cause shown and stated together with the regulations prescribed 
        under paragraph (1), that a modification of such regulations 
        would be more effective for the implementation of the rights 
        and protections involved under this section.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
            (1) Authority.--Subject to subsection (e), not later than 
        90 days after the Secretary prescribes regulations under 
        subsection (a), the Director of the Office of Personnel 
        Management shall prescribe such regulations as are necessary to 
        carry out this title with respect to employees described in 
        section 301(5)(E), corresponding covered individuals, and other 
        individuals affected by employers described in section 
        301(6)(A)(i)(V).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this title except 
        insofar as the Director may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (e) Immediate Compliance by Employers.--The rights and 
responsibilities specified in this title shall apply to employers on 
the first Sunday following enactment of this Act and employers shall 
comply on such date, without regard to whether regulations have been 
prescribed under this section.

SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out title II and 
this title such sums as may be necessary for fiscal year 2020 and each 
subsequent fiscal year.

SEC. 313. EFFECTIVE DATES.

    (a) In General.--Titles I through III take effect on the date of 
enactment of this Act.
    (b) Previous Declarations.--If a public health emergency was 
declared before and remains in effect on the date of enactment of this 
Act, for purposes of titles I through III (and in particular section 
302(c) of this Act) the public health emergency shall be considered to 
have been declared on the date of enactment of this Act, including an 
emergency described in section 301(12)(B).

         TITLE IV--FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS

SEC. 401. SUNSET.

    On December 31, 2021, subsection (d) of section 302 is repealed.

SEC. 402. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Caregiving day.--The term ``caregiving day'' means, 
        with respect to an individual, a calendar day in which the 
        individual engaged in qualified caregiving.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (3) Deputy commissioner.--The term ``Deputy Commissioner'' 
        means the Deputy Commissioner who heads the Office of Paid 
        Family and Medical Leave established under section 403(a).
            (4) Eligible individual.--The term ``eligible individual'' 
        means an individual who is entitled to a benefit under section 
        404 for a particular month, upon filing an application for such 
        benefit for such month.
            (5) Initial waiting period.--The term ``initial waiting 
        period'' means a period beginning with the first caregiving day 
        of an individual occurring during the individual's benefit 
        period and ending after the earlier of--
                    (A) the fifth caregiving day of the individual 
                occurring during the benefit period; or
                    (B) the month preceding the first month in the 
                benefit period during which occur not less than 15 
                caregiving days of the individual.
            (6) Qualified caregiving.--The term ``qualified 
        caregiving'' means any activity engaged in by an individual, 
        other than regular employment, for a reason for which an 
        eligible employee would be entitled to leave under 
        subparagraphs (A) through (E) of paragraph (1) of section 
        102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
        2612(a)).
            (7) Self-employment income.--The term ``self-employment 
        income'' has the same meaning as such term in section 211(b) of 
        such Act (42 U.S.C. 411(b)).
            (8) State.--The term ``State'' means any State of the 
        United States or the District of Columbia or any territory or 
        possession of the United States.
            (9) Wages.--The term ``wages'', except as such term is used 
        in subsection (h)(2) of section 404, has the same meaning as 
        such term in section 209 of the Social Security Act (42 U.S.C. 
        409).
            (10) 60-day limitation period.--The term ``60-day 
        limitation period'' means a period--
                    (A) beginning with the first caregiving day of an 
                individual occurring during the individual's benefit 
                period and after the expiration of the individual's 5-
                day waiting period, if applicable; and
                    (B) ending with the 60th caregiving day of the 
                individual occurring during the benefit period and 
                after the expiration of the 5-day waiting period,
        disregarding any caregiving day of the individual occurring 
        during any month in the benefit period after the first 20 
        caregiving days of the individual occurring during such month.

SEC. 403. OFFICE OF PAID FAMILY AND MEDICAL LEAVE.

    (a) Establishment of Office.--There is established within the 
Social Security Administration an office to be known as the Office of 
Paid Family and Medical Leave. The Office shall be headed by a Deputy 
Commissioner who shall be appointed by the Commissioner.
    (b) Responsibilities of Deputy Commissioner.--The Commissioner, 
acting through the Deputy Commissioner, shall be responsible for--
            (1) hiring personnel and making employment decisions with 
        regard to such personnel;
            (2) issuing such regulations as may be necessary to carry 
        out the purposes of this title;
            (3) entering into cooperative agreements with other 
        agencies and departments to ensure the efficiency of the 
        administration of the program;
            (4) determining eligibility for family and medical leave 
        insurance benefits under section 404;
            (5) determining benefit amounts for each month of such 
        eligibility and making timely payments of such benefits to 
        entitled individuals in accordance with such section;
            (6) establishing and maintaining a system of records 
        relating to the administration of such section;
            (7) preventing fraud and abuse relating to such benefits;
            (8) providing information on request regarding eligibility 
        requirements, the claims process, benefit amounts, maximum 
        benefits payable, notice requirements, nondiscrimination 
        rights, confidentiality, coordination of leave under this title 
        and other laws, collective bargaining agreements, and employer 
        policies;
            (9) annually providing employers a notice informing 
        employees of the availability of such benefits;
            (10) annually making available to the public a report that 
        includes the number of individuals who received such benefits, 
        the purposes for which such benefits were received, and an 
        analysis of utilization rates of such benefits by gender, race, 
        ethnicity, and income levels; and
            (11) tailoring culturally and linguistically competent 
        education and outreach toward increasing utilization rates of 
        benefits under such section.
    (c) Availability of Data.--The Commissioner shall make available to 
the Deputy Commissioner such data as the Commissioner determines 
necessary to enable the Deputy Commissioner to effectively carry out 
the responsibilities described in subsection (b).

SEC. 404. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS.

    (a) In General.--Every individual who--
            (1) is insured for disability insurance benefits (as 
        determined under section 223(c) of the Social Security Act (42 
        U.S.C. 423(c))) at the time such individual's application is 
        filed;
            (2) has earned income from employment during the 12 months 
        prior to the month in which the application is filed;
            (3) has filed an application for a family and medical leave 
        insurance benefit in accordance with subsection (d); and
            (4) was engaged in qualified caregiving, or anticipates 
        being so engaged, during the period that begins 90 days before 
        the date on which such application is filed or within 30 days 
        after such date,
shall be entitled to such a benefit for each month in the benefit 
period specified in subsection (c), not to exceed 60 caregiving days 
per benefit period.
    (b) Benefit Amount.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the benefit amount to which an individual is 
        entitled under this section for a month shall be an amount 
        equal to the greater of--
                    (A) the lesser of \1/18\ of the wages and self-
                employment income of the individual for the calendar 
                year in which such wages and self-employment income are 
                the highest among the most recent three calendar years, 
                or the maximum benefit amount determined under 
                paragraph (2); or
                    (B) the minimum benefit amount determined under 
                paragraph (2),
        multiplied by the quotient (not greater than 1) obtained by 
        dividing the number of caregiving days of the individual in 
        such month by 20.
            (2) Annual increase of maximum and minimum benefit 
        amounts.--
                    (A) For individuals who initially become eligible 
                for family and medical leave insurance benefits in 
                calendar year 2022, the maximum monthly benefit amount 
                and the minimum monthly benefit amount shall be $4,000 
                and $580, respectively.
                    (B) For individuals who initially become eligible 
                for family and medical leave insurance benefits in any 
                calendar year after calendar year 2022 the maximum 
                benefit amount and the minimum benefit amount shall be, 
                respectively, the product of the corresponding amount 
                determined with respect to calendar year 2022 and the 
                quotient obtained by dividing--
                            (i) the national average wage index (as 
                        defined in section 209(k)(1) of the Social 
                        Security Act (42 U.S.C. 409(k)(1))) for the 
                        second calendar year preceding the calendar 
                        year for which the determination is made, by
                            (ii) the national average wage index (as so 
                        defined) for 2020.
            (3) Limitations on benefits paid.--
                    (A) Nonpayable waiting period.--Any calendar day 
                during an individual's benefit period which occurs 
                before the expiration of an initial waiting period 
                shall not be taken into account under this subsection 
                as a caregiving day of the individual.
                    (B) Limitation on total benefits paid.--Any 
                calendar day during an individual's benefit period 
                which occurs after the expiration of a 60-day 
                limitation period shall not be taken into account under 
                this subsection as a caregiving day of the individual.
            (4) Reduction in benefit amount on account of receipt of 
        certain benefits.--A benefit under this section for a month 
        shall be reduced by the amount, if any, in certain benefits (as 
        determined under regulations issued by the Commissioner) as may 
        be otherwise received by an individual. For purposes of the 
        preceding sentence, certain benefits include--
                    (A) periodic benefits on account of such 
                individual's total or partial disability under a 
                workmen's compensation law or plan of the United States 
                or a State; and
                    (B) periodic benefits on account of an individual's 
                employment status under an unemployment law or plan of 
                the United States or a State.
            (5) Coordination of benefit amount with certain state 
        benefits.--A benefit received under this section shall be 
        coordinated, in a manner determined by regulations issued by 
        the Commissioner, with the periodic benefits received from 
        temporary disability insurance or family leave insurance 
        programs under any law or plan of a State, a political 
        subdivision (as that term is used in section 218(b)(2) of the 
        Social Security Act (42 U.S.C. 418(b)(2))), or an 
        instrumentality of two or more States (as that term is used in 
        section 218(g) of such Act (42 U.S.C. 418(g))).
    (c) Benefit Period.--
            (1) In general.--Except as provided in paragraph (2), the 
        benefit period specified in this subsection shall begin on the 
        1st day of the 1st month in which the individual meets the 
        criteria specified in paragraphs (1), (2), and (3) of 
        subsection (a), and shall end on the date that is 365 days 
        after the 1st day of the benefit period.
            (2) Retroactive benefits.--In the case of an application 
        for benefits under this section for qualified caregiving in 
        which the individual was engaged at any time during the 90-day 
        period preceding the date on which such application is 
        submitted, the benefit period specified in this subsection 
        shall begin on the later of--
                    (A) the 1st day of the 1st month in which the 
                individual engaged in such qualified caregiving; or
                    (B) the 1st day of the 1st month that begins during 
                such 90-day period,
        and shall end on the date that is 365 days after the 1st day of 
        the benefit period.
    (d) Application.--An application for a family and medical leave 
insurance benefit shall include--
            (1) a statement that the individual was engaged in 
        qualified caregiving, or anticipates being so engaged, during 
        the period that begins 90 days before the date on which the 
        application is submitted or within 30 days after such date;
            (2) if the qualified caregiving described in the statement 
        in paragraph (1) is engaged in by the individual because of a 
        serious health condition of the individual or a relative of the 
        individual, a certification, issued by the health care provider 
        treating such serious health condition, that affirms the 
        information specified in paragraph (1) and contains such 
        information as the Commissioner shall specify in regulations, 
        which shall be no more than the information that is required to 
        be stated under section 103(b) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2613(b));
            (3) if such qualified caregiving is engaged in by the 
        individual for any other authorized reason, a certification, 
        issued by a relevant authority determined under regulations 
        issued by the Commissioner, that affirms the circumstances 
        giving rise to such reason; and
            (4) an attestation from the applicant that his or her 
        employer has been provided with written notice of the 
        individual's intention to take family or medical leave, if the 
        individual has an employer, or to the Commissioner in all other 
        cases.
    (e) Ineligibility; Disqualification.--
            (1) Ineligibility for benefit.--An individual shall be 
        ineligible for a benefit under this section for any month for 
        which the individual is entitled to--
                    (A) disability insurance benefits under section 223 
                of the Social Security Act (42 U.S.C. 423) or a similar 
                permanent disability program under any law or plan of a 
                State or political subdivision or instrumentality of a 
                State (as such terms are used in section 218 of the 
                Social Security Act (42 U.S.C. 418));
                    (B) monthly insurance benefits under section 202 of 
                such Act (42 U.S.C. 402) based on such individual's 
                disability (as defined in section 223(d) of such Act 
                (42 U.S.C. 423(d))); or
                    (C) benefits under title XVI of such Act (42 U.S.C. 
                1381 et seq.) based on such individual's status as a 
                disabled individual (as determined under section 1614 
                of such Act (42 U.S.C. 1382c)).
            (2) Disqualification.--An individual who has been convicted 
        of a violation under section 208 of the Social Security Act (42 
        U.S.C. 408) or who has been found to have used false statements 
        to secure benefits under this section, shall be ineligible for 
        benefits under this section for a 1-year period following the 
        date of such conviction.
    (f) Review of Eligibility and Benefit Payment Determinations.--
            (1) Eligibility determinations.--
                    (A) In general.--The Commissioner shall provide 
                notice to an individual applying for benefits under 
                this section of the initial determination of 
                eligibility for such benefits, and the estimated 
                benefit amount for a month in which one caregiving day 
                of the individual occurs, as soon as practicable after 
                the application is received.
                    (B) Review.--An individual may request review of an 
                initial adverse determination with respect to such 
                application at any time before the end of the 20-day 
                period that begins on the date notice of such 
                determination is received, except that such 20-day 
                period may be extended for good cause. As soon as 
                practicable after the individual requests review of the 
                determination, the Commissioner shall provide notice to 
                the individual of a final determination of eligibility 
                for benefits under this section.
            (2) Benefit payment determinations.--
                    (A) In general.--The Commissioner shall make any 
                monthly benefit payment to an individual claiming 
                benefits for a month under this section, or provide 
                notice of the reason such payment will not be made if 
                the Commissioner determines that the individual is not 
                entitled to payment for such month, not later than 20 
                days after the individual's monthly benefit claim 
                report for such month is received. Such monthly report 
                shall be filed with the Commissioner not later than 15 
                days after the end of each month.
                    (B) Review.--If the Commissioner determines that 
                payment will not be made to an individual for a month, 
                or if the Commissioner determines that payment shall be 
                made based on a number of caregiving days in the month 
                inconsistent with the number of caregiving days in the 
                monthly benefit claim report of the individual for such 
                month, the individual may request review of such 
                determination at any time before the end of the 20-day 
                period that begins on the date notice of such 
                determination is received, except that such 20-day 
                period may be extended for good cause. Not later than 
                20 days after the individual requests review of the 
                determination, the Commissioner shall provide notice to 
                the individual of a final determination of payment for 
                such month, and shall make payment to the individual of 
                any additional amount not included in the initial 
                payment to the individual for such month to which the 
                Commissioner determines the individual is entitled.
            (3) Burden of proof.--An application for benefits under 
        this section and a monthly benefit claim report of an 
        individual shall each be presumed to be true and accurate, 
        unless the Commissioner demonstrates by a preponderance of the 
        evidence that information contained in the application is 
        false.
            (4) Definition of monthly benefit claim report.--For 
        purposes of this subsection, the term ``monthly benefit claim 
        report'' means, with respect to an individual for a month, the 
        individual's report to the Commissioner of the number of 
        caregiving days of the individual in such month, which shall be 
        filed no later than 15 days after the end of each month.
            (5) Review.--All final determinations of the Commissioner 
        under this subsection shall be reviewable according to the 
        procedures set out in section 205 of the Social Security Act 
        (42 U.S.C. 405).
    (g) Relationship With State Law; Employer Benefits.--
            (1) In general.--This section does not preempt or supercede 
        any provision of State or local law that authorizes a State or 
        local municipality to provide paid family and medical leave 
        benefits similar to the benefits provided under this section.
            (2) Greater benefits allowed.--Nothing in this title shall 
        be construed to diminish the obligation of an employer to 
        comply with any contract, collective bargaining agreement, or 
        any employment benefit program or plan that provides greater 
        paid leave or other leave rights to employees than the rights 
        established under this title.
    (h) Prohibited Acts; Enforcement.--
            (1) In general.--It shall be unlawful for any person to 
        discharge or in any other manner discriminate against an 
        individual because the individual has applied for, indicated an 
        intent to apply for, or received family and medical leave 
        insurance benefits.
            (2) Civil action by an individual.--
                    (A) Liability.--Any person who violates paragraph 
                (1) shall be liable to any individual employed by such 
                person who is affected by the violation--
                            (i) for damages equal to the sum of--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost to 
                                        such individual by reason of 
                                        the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost to 
                                        the individual, any actual 
                                        monetary losses sustained by 
                                        the individual as a direct 
                                        result of the violation, such 
                                        as the cost of providing care, 
                                        up to a sum equal to 60 
                                        calendar days of wages or 
                                        salary for the individual;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages equal to the sum of 
                                the amount described in subclause (I) 
                                and the interest described in subclause 
                                (II), except that if a person who has 
                                violated paragraph (1) proves to the 
                                satisfaction of the court that the act 
                                or omission which violated paragraph 
                                (1) was in good faith and that the 
                                person had reasonable grounds for 
                                believing that the act or omission was 
                                not a violation of paragraph (1), such 
                                court may, in the discretion of the 
                                court, reduce the amount of the 
                                liability to the amount and interest 
                                determined under subclauses (I) and 
                                (II), respectively; and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (B) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (A) may be maintained against any person in any Federal 
                or State court of competent jurisdiction by any 
                individual for and on behalf of--
                            (i) the individual; or
                            (ii) the individual and other individuals 
                        similarly situated.
                    (C) Fees and costs.--The court in such an action 
                shall, in addition to any judgment awarded to the 
                plaintiff, allow a reasonable attorney's fee, 
                reasonable expert witness fees, and other costs of the 
                action to be paid by the defendant.
                    (D) Limitations.--The right provided by 
                subparagraph (B) to bring an action by or on behalf of 
                any individual shall terminate--
                            (i) on the filing of a complaint by the 
                        Commissioner in an action under paragraph (5) 
                        in which restraint is sought of any further 
                        delay in the payment of the amount described in 
                        subparagraph (A)(I) to such individual by the 
                        person responsible under subparagraph (A) for 
                        the payment; or
                            (ii) on the filing of a complaint by the 
                        Commissioner in an action under paragraph (3) 
                        in which a recovery is sought of the damages 
                        described in subparagraph (A)(I) owing to an 
                        individual by a person liable under 
                        subparagraph (A),
                unless the action described in clause (i) or (ii) is 
                dismissed without prejudice on motion of the 
                Commissioner.
            (3) Action by the commissioner.--
                    (A) Civil action.--The Commissioner may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (2)(A)(I).
                    (B) Sums recovered.--Any sums recovered by the 
                Commissioner pursuant to subparagraph (A) shall be held 
                in a special deposit account and shall be paid, on 
                order of the Commissioner, directly to each individual 
                affected. Any such sums not paid to an individual 
                because of inability to do so within a period of 3 
                years shall be deposited into the Federal Family and 
                Medical Leave Insurance Trust Fund.
            (4) Limitation.--
                    (A) In general.--An action may be brought under 
                this subsection not later than 3 years after the date 
                of the last event constituting the alleged violation 
                for which the action is brought.
                    (B) Commencement.--An action brought by the 
                Commissioner under this subsection shall be considered 
                to be commenced on the date when the complaint is 
                filed.
            (5) Action for injunction by commissioner.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Commissioner--
                    (A) to restrain violations of paragraph (1), 
                including the restraint of any withholding of payment 
                of wages, salary, employment benefits, or other 
                compensation, plus interest, found by the court to be 
                due to an individual; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
    (i) Special Rule for Railroad Employees.--For purposes of 
subsection (a)(1), an individual shall be deemed to be insured for 
disability insurance benefits if the individual would be so insured if 
the individual's service as an employee (as defined in the section 1(b) 
of the Railroad Retirement Act of 1974) after December 31, 1936, were 
included within the meaning of the term ``employment'' for purposes of 
title II of the Social Security Act (42 U.S.C. 401 et seq.).
    (j) Determination of Whether an Activity Constitutes Qualified 
Caregiving.--
            (1) In general.--For purposes of determining whether an 
        activity engaged in by an individual constitutes qualified 
        caregiving under this section--
                    (A) the term ``spouse'' (as used in section 102(a) 
                of the Family and Medical Leave Act (29 U.S.C. 
                2612(a))) includes the individual's domestic partner; 
                and
                    (B) the term ``son or daughter'' (as used in such 
                section) includes a son or daughter (as defined in 
                section 101 of such Act) of the individual's domestic 
                partner.
            (2) Domestic partner.--
                    (A) In general.--For purposes of paragraph (1), the 
                term ``domestic partner'', with respect to an 
                individual, means another individual with whom the 
                individual is in a committed relationship.
                    (B) Committed relationship defined.--The term 
                ``committed relationship'' means a relationship between 
                two individuals (each at least 18 years of age) in 
                which each individual is the other individual's sole 
                domestic partner and both individuals share 
                responsibility for a significant measure of each 
                other's common welfare. The term includes any such 
                relationship between two individuals, including 
                individuals of the same sex, that is granted legal 
                recognition by a State or political subdivision of a 
                State as a marriage or analogous relationship, 
                including a civil union or domestic partnership.
    (k) Applicability of Certain Social Security Act Provisions.--The 
provisions of sections 204, 205, 206, and 208 of the Social Security 
Act shall apply to benefit payments authorized by and paid out pursuant 
to this section in the same way that such provisions apply to benefit 
payments authorized by and paid out pursuant to title II of such Act.
    (l) Effective Date for Applications.--Applications described in 
this section may be filed after January 1, 2022.

SEC. 405. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE INSURANCE TRUST 
              FUND.

    (a) In General.--There is hereby created on the books of the 
Treasury of the United States a trust fund to be known as the ``Federal 
Family and Medical Leave Insurance Trust Fund''. The Federal Family and 
Medical Leave Insurance Trust Fund shall consist of such gifts and 
bequests as may be made as provided in section 201(i)(1) of the Social 
Security Act (42 U.S.C. 401(i)(1)) and such amounts as may be 
appropriated to, or deposited in, the Federal Family and Medical Leave 
Insurance Trust Fund as provided in this section.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Federal Family and Medical Leave Insurance Trust Fund out 
        of moneys in the Treasury not otherwise appropriated--
                    (A) for the first three fiscal years beginning 
                after January 1, 2021, such sums as may be necessary 
                for the Commissioner to administer the office 
                established under section 403 and pay the benefits 
                under section 404;
                    (B) 100 percent of the taxes imposed by sections 
                3101(c) and 3111(c) of the Internal Revenue Code of 
                1986 with respect to wages (as defined in section 3121 
                of such Code) reported to the Secretary of the Treasury 
                pursuant to subtitle F of such Code, as determined by 
                the Secretary of the Treasury by applying the 
                applicable rate of tax under such sections to such 
                wages;
                    (C) 100 percent of the taxes imposed by section 
                1401(c) of such Code with respect to self-employment 
                income (as defined in section 1402 of such Code) 
                reported to the Secretary of the Treasury on tax 
                returns under subtitle F of such Code, as determined by 
                the Secretary of the Treasury by applying the 
                applicable rate of tax under such section to such self-
                employment income; and
                    (D) 100 percent of the taxes imposed by sections 
                3201(c), 3211(c), and 3221(c) of such Code with respect 
                to compensation (as defined in section 3231 of such 
                Code) reported to the Secretary of the Treasury on tax 
                returns under subtitle F of such Code, as determined by 
                the Secretary of the Treasury by applying the 
                applicable rate of tax under such sections to such 
                compensation.
            (2) Repayment of initial appropriation.--Amounts 
        appropriated pursuant to subparagraph (A) of paragraph (1) 
        shall be repaid to the Treasury of the United States not later 
        than 10 years after the first appropriation is made pursuant to 
        such subparagraph.
            (3) Transfer to trust fund.--The amounts described in 
        paragraph (2) shall be transferred from time to time from the 
        general fund in the Treasury to the Federal Family and Medical 
        Leave Insurance Trust Fund, such amounts to be determined on 
        the basis of estimates by the Secretary of the Treasury of the 
        taxes, specified in such paragraph, paid to or deposited into 
        the Treasury. Proper adjustments shall be made in amounts 
        subsequently transferred to the extent prior estimates were 
        inconsistent with the taxes specified in such paragraph.
    (c) Management of Trust Fund.--The provisions of subsections (c), 
(d), (e), (f), (i), and (m) of section 201 of the Social Security Act 
(42 U.S.C. 401) shall apply with respect to the Federal Family and 
Medical Leave Insurance Trust Fund in the same manner as such 
provisions apply to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Disability Insurance Trust Fund.
    (d) Benefits Paid From Trust Fund.--Benefit payments required to be 
made under section 404 shall be made only from the Federal Family and 
Medical Leave Insurance Trust Fund.
    (e) Administration.--There are authorized to be made available for 
expenditure, out of the Federal Family and Medical Leave Insurance 
Trust Fund, such sums as may be necessary to pay the costs of the 
administration of section 404, including start-up costs, technical 
assistance, outreach, education, evaluation, and reporting.
    (f) Prohibition.--No funds from the Social Security Trust Fund or 
appropriated to the Social Security Administration to administer Social 
Security programs may be used for Federal Family and Medical Leave 
Insurance benefits or administration set forth under this title.

SEC. 406. INTERNAL REVENUE CODE PROVISIONS.

    (a) In General.--
            (1) Employee contribution.--Section 3101 of the Internal 
        Revenue Code of 1986 is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed on the income of every individual a tax equal to 
        the applicable percentage of the wages (as defined in section 
        3121(a)) received by the individual with respect to employment 
        (as defined in section 3121(b)).
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.2 percent in the 
        case of wages received in any calendar year.''.
            (2) Employer contribution.--Section 3111 of such Code is 
        amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed on every employer an excise tax, with respect to 
        having individuals in his employ, equal to the applicable 
        percentage of the wages (as defined in section 3121(a)) paid by 
        the employer with respect to employment (as defined in section 
        3121(b)).
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.2 percent in the 
        case of wages paid in any calendar year.''.
            (3) Self-employment income contribution.--
                    (A) In general.--Section 1401 of such Code is 
                amended--
                            (i) by redesignating subsection (c) as 
                        subsection (d); and
                            (ii) by inserting after subsection (b) the 
                        following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed for each taxable year, on the self-employment 
        income of every individual, a tax equal to the applicable 
        percentage of the amount of the self-employment income for such 
        taxable year.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.4 percent in the 
        case of self-employment income in any taxable year.''.
                    (B) Exclusion of certain net earnings from self-
                employment.--Section 1402(b)(1) of such Code is amended 
                by striking ``tax imposed by section 1401(a)'' and 
                inserting ``taxes imposed by subsections (a) and (c) of 
                section 1401''.
    (b) Railroad Retirement Tax Act.--
            (1) Employee contribution.--Section 3201 of such Code is 
        amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed on the income of each employee a tax equal to 
        the applicable percentage of the compensation received during 
        any calendar year by such employee for services rendered by 
        such employee.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.2 percent in the 
        case of compensation received in any calendar year.''.
            (2) Employee representative contribution.--Section 3211 of 
        such Code is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed on the income of each employee representative a 
        tax equal to the applicable percentage of the compensation 
        received during any calendar year by such employee 
        representative for services rendered by such employee 
        representative.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.2 percent in the 
        case of compensation received in any calendar year.''.
            (3) Employer contribution.--Section 3221 of such Code is 
        amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Family and Medical Leave Insurance.--
            ``(1) In general.--In addition to other taxes, there is 
        hereby imposed on every employer an excise tax, with respect to 
        having individuals in his employ, equal to the applicable 
        percentage of the compensation paid during any calendar year by 
        such employer for services rendered to such employer.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means 0.2 percent in the 
        case of compensation paid in any calendar year.''.
    (c) Conforming Amendments.--
            (1) Section 6413(c) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (1)--
                            (i) by inserting ``, section 3101(c),'' 
                        after ``by section 3101(a)''; and
                            (ii) by striking ``both'' and inserting 
                        ``each''; and
                    (B) in paragraph (2), by inserting ``or 3101(c)'' 
                after ``3101(a)'' each place it appears.
            (2) Section 15(a) of the Railroad Retirement Act of 1974 
        (45 U.S.C. 231n(a)) is amended by inserting ``(other than 
        sections 3201(c), 3211(c), and 3221(c))'' before the period at 
        the end.
    (d) Effective Date.--The amendments made by this section shall take 
effect on May 1, 2022.

SEC. 407. REGULATIONS.

    The Commissioner, in consultation with the Secretary of Labor, 
shall prescribe regulations necessary to carry out this title. In 
developing such regulations, the Commissioner shall consider the input 
from a volunteer advisory body comprised of not more than 15 
individuals, including experts in the relevant subject matter and 
officials charged with implementing State paid family and medical leave 
insurance programs. The Commissioner shall take such programs into 
account when proposing regulations. Such individuals shall be appointed 
as follows:
            (1) Five individuals to be appointed by the President.
            (2) Three individuals to be appointed by the majority 
        leader of the Senate.
            (3) Two individuals to be appointed by the minority leader 
        of the Senate.
            (4) Three individuals to be appointed by the Speaker of the 
        House of Representatives.
            (5) Two individuals to be appointed by the minority leader 
        of the House of Representatives.

SEC. 408. GAO STUDY.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General shall submit to Congress a report on family and 
medical leave insurance benefits paid under section 404 for any month 
during the 1-year period beginning on January 1, 2022. The report shall 
include the following:
            (1) An identification of the total number of applications 
        for such benefits filed for any month during such 1-year 
        period, and the average number of days occurring in the period 
        beginning on the date on which such an application is received 
        and ending on the date on which the initial determination of 
        eligibility with respect to the application is made.
            (2) An identification of the total number of requests for 
        review of an initial adverse determination of eligibility for 
        such benefits made during such 1-year period, and the average 
        number of days occurring in the period beginning on the date on 
        which such review is requested and ending on the date on which 
        the final determination of eligibility with respect to such 
        review is made.
            (3) An identification of the total number of monthly 
        benefit claim reports for such benefits filed during such 1-
        year period, and the average number of days occurring in the 
        period beginning on the date on which such a claim report is 
        received and ending on the date on which the initial 
        determination of eligibility with respect to the claim report 
        is made.
            (4) An identification of the total number of requests for 
        review of an initial adverse determination relating to a 
        monthly benefit claim report for such benefits made during such 
        1-year period, and the average number of days occurring in the 
        period beginning on the date on which such review is requested 
        and ending on the date on which the final determination of 
        eligibility with respect to such review is made.
            (5) An identification of any excessive delay in any of the 
        periods described in paragraphs (1) through (4), and a 
        description of the causes for such delay.
                                 <all>