[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1714 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1714

     To provide paid family and medical leave benefits to certain 
                  individuals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

Mrs. Gillibrand (for herself, Mr. Schumer, Mr. Booker, Mr. Blumenthal, 
 Mr. Cardin, Mr. Carper, Mr. Casey, Ms. Duckworth, Mr. Fetterman, Ms. 
 Hassan, Mr. Lujan, Mr. Menendez, Mrs. Murray, Mr. Padilla, Mr. Reed, 
 Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Stabenow, Mr. Van Hollen, 
  Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Bennet, Mr. Durbin, Mrs. 
Feinstein, Mr. Heinrich, Ms. Klobuchar, Mr. Merkley, Ms. Smith, and Ms. 
Rosen) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To provide paid family and medical leave benefits to certain 
                  individuals, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family and Medical Insurance Leave 
Act'' or the ``FAMILY Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Caregiving day.--
                    (A) In general.--The term ``caregiving day'' means, 
                with respect to an individual, a calendar day in which 
                the individual engaged in qualified caregiving.
                    (B) Limitations.--An individual may not exceed--
                            (i) with respect to any month, 20 
                        caregiving days; or
                            (ii) with respect to any benefit period, 60 
                        caregiving days.
            (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 3(a).
            (4) Eligible individual.--The term ``eligible individual'' 
        means an individual who is entitled to a benefit under section 
        4 for a particular month, upon filing an application for such 
        benefit for such month.
            (5) Qualified caregiving.--
                    (A) In general.--The term ``qualified caregiving'' 
                means any activity engaged in by an individual, other 
                than regular employment, for a qualifying reason.
                    (B) Qualifying reason.--
                            (i) In general.--For purposes of 
                        subparagraph (A), the term ``qualifying 
                        reason'' means any of the following reasons for 
                        taking leave:
                                    (I) Any reason for which an 
                                eligible employee would be entitled to 
                                leave under subparagraph (A), (B), or 
                                (E) of paragraph (1) of section 102(a) 
                                of the Family and Medical Leave Act of 
                                1993 (29 U.S.C. 2612(a)).
                                    (II) In order to care for a 
                                qualified family member of the 
                                individual, if such qualified family 
                                member has a serious health condition.
                                    (III) Because of a serious health 
                                condition that makes the individual 
                                unable to perform the services required 
                                under the terms of their regular 
                                employment.
                                    (IV) In order to, as a result of 
                                domestic violence, sexual assault, or 
                                stalking--
                                            (aa) seek medical attention 
                                        for the employee or the 
                                        employee's child, parent, 
                                        spouse, domestic partner, or 
                                        any other individual related by 
                                        blood or affinity whose close 
                                        association with the employee 
                                        is the equivalent of a family 
                                        relationship, to recover from 
                                        physical or psychological 
                                        injury or disability caused by 
                                        domestic violence, sexual 
                                        assault, or stalking;
                                            (bb) obtain or assist a 
                                        related person described in 
                                        item (aa) in obtaining services 
                                        from a victim services 
                                        organization;
                                            (cc) obtain or assist a 
                                        related person described in 
                                        item (aa) in obtaining 
                                        psychological or other 
                                        counseling;
                                            (dd) seek relocation; or
                                            (ee) 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.
                            (ii) Qualified family member; serious 
                        health condition.--In this subparagraph:
                                    (I) Qualified family member.--The 
                                term ``qualified family member'' means, 
                                which respect to an individual--
                                            (aa) a spouse (including a 
                                        domestic partner in a civil 
                                        union or other registered 
                                        domestic partnership recognized 
                                        by a State) or a parent of such 
                                        spouse;
                                            (bb) a child (regardless of 
                                        age) or a child's spouse;
                                            (cc) a parent or a parent's 
                                        spouse;
                                            (dd) a sibling or a 
                                        sibling's spouse;
                                            (ee) a grandparent, a 
                                        grandchild, or a spouse of a 
                                        grandparent or grandchild; and
                                            (ff) any other individual 
                                        who is related by blood or 
                                        affinity and whose association 
                                        with the employee is equivalent 
                                        of a family relationship.
                                    (II) Serious health condition.--The 
                                term ``serious health condition'' has 
                                the meaning given such term in section 
                                101(11) of the Family and Medical Leave 
                                Act of 1993 (29 U.S.C. 2611(11)).
                            (iii) Other definitions.--For purposes of 
                        clause (i)(IV):
                                    (I) Child.--The term ``child'' 
                                means, regardless of age, 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.
                                    (II) Domestic partner.--
                                            (aa) In general.--The term 
                                        ``domestic partner'', with 
                                        respect to an individual, means 
                                        another individual with whom 
                                        the individual is in a 
                                        committed relationship.
                                            (bb) 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.
                                    (III) 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.
                                    (IV) Parent.--The term ``parent'' 
                                means a biological, foster, or adoptive 
                                parent of an employee, a stepparent of 
                                an employee, parent-in-law, parent of a 
                                domestic partner, or a legal guardian 
                                or other person who stood in loco 
                                parentis to an employee when the 
                                employee was a child.
                                    (V) 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)).
                                    (VI) Spouse.--The term ``spouse'', 
                                with respect to an employee, has the 
                                meaning given such term by the marriage 
                                laws of the State in which the marriage 
                                was celebrated.
                                    (VII) 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)).
                                    (VIII) 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.
                    (C) Treatment of individuals covered by legacy 
                state comprehensive paid leave program.--
                            (i) In general.--For purposes of 
                        subparagraph (A), an activity engaged in by an 
                        individual shall not be considered as other 
                        than regular employment if, for the time during 
                        which the individual was so engaged, the 
                        individual is taking leave from covered 
                        employment under the law of a legacy State (as 
                        defined in section 4(c)).
                            (ii) Unemployed.--In the case of an 
                        individual who is no longer employed, such 
                        individual shall be treated, for purposes of 
                        clause (i), as taking leave from covered 
                        employment under the law of a legacy State (as 
                        so defined) with respect to the portion of the 
                        time during which the individual was engaged in 
                        an activity for a qualifying reason 
                        corresponding to the share of the individual's 
                        workweek that was in covered employment under 
                        the law of a legacy State (as so defined).
            (6) National average wage index.--The term ``national 
        average wage index'' has the meaning given such term in section 
        209(k)(1) of the Social Security Act (42 U.S.C. 409(k)(1)).
            (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'' has the meaning given such 
        term in section 3121(a) of the Internal Revenue Code of 1986 
        for purposes of the taxes imposed by sections 3101(b) and 
        3111(b) of such Code (without regard to section 3121(u)(2)(C) 
        of such Code), except that such term also includes--
                    (A) compensation, as defined in section 3231(e) of 
                such Code for purposes of the Railroad Retirement Tax 
                Act; and
                    (B) unemployment compensation, as defined in 
                section 85(b) of such Code.

SEC. 3. 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 Act;
            (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 4;
            (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 Act 
        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.--Notwithstanding any other provision of 
law, 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. 4. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS.

    (a) In General.--
            (1) Requirements.--Every individual who--
                    (A) has filed an application for a family and 
                medical leave insurance benefit in accordance with 
                subsection (d);
                    (B) 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;
                    (C) has wages or self-employment income at any time 
                during the period--
                            (i) beginning with the most recent calendar 
                        quarter that ends at least 4 months prior to 
                        the beginning of the individual's benefit 
                        period specified in subsection (c); and
                            (ii) ending with the month before the month 
                        in which such benefit period begins; and
                    (D) has at least the specified amount of wages and 
                self-employment income during the most recent 8-
                calendar quarter period that ends at least 4 months 
                prior to the beginning of the individual's benefit 
                period specified in subsection (c),
        shall be entitled to such a benefit for each month in such 
        benefit period.
            (2) Specified amount.--For purposes of paragraph (1)(D), 
        the specified amount shall be--
                    (A) if the benefit period begins in calendar year 
                2024, $2,000; and
                    (B) if the benefit period begins in any calendar 
                year after 2024, an amount equal to the greater of--
                            (i) the specified amount applicable for the 
                        preceding calendar year; or
                            (ii) an amount equal to the product of--
                                    (I) $2,000; multiplied by
                                    (II) an amount equal to the 
                                quotient of--
                                            (aa) the national average 
                                        wage index for the second 
                                        calendar year preceding such 
                                        calendar year; divided by
                                            (bb) the national average 
                                        wage index for 2022.
    (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--
                            (i) an amount equal to the monthly benefit 
                        rate determined under paragraph (2); and
                            (ii) the maximum benefit amount determined 
                        under paragraph (3); and
                    (B) the minimum benefit amount determined under 
                paragraph (3),
        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) Monthly benefit rate.--
                    (A) In general.--For purposes of this subsection, 
                the monthly benefit rate of an individual shall be an 
                amount equal to the sum of--
                            (i) 85 percent of the individual's average 
                        monthly earnings to the extent that such 
                        earnings do not exceed the amount established 
                        for purposes of this clause by subparagraph 
                        (B);
                            (ii) 69 percent of the individual's average 
                        monthly earnings to the extent that such 
                        earnings exceed the amount established for 
                        purposes of clause (i) but do not exceed the 
                        amount established for purposes of this clause 
                        by subparagraph (B); and
                            (iii) 50 percent of the individual's 
                        average monthly earnings to the extent that 
                        such earnings exceed the amount established for 
                        purposes of clause (ii) but do not exceed the 
                        amount established for purposes of this clause 
                        by subparagraph (B).
                    (B) Amounts established.--
                            (i) Initial amounts.--For individuals whose 
                        benefit period begins in calendar year 2024, 
                        the amount established for purposes of clauses 
                        (i), (ii), and (iii) of subparagraph (A) shall 
                        be $1,257, $3,500, and $6,200, respectively.
                            (ii) Wage indexing.--For individuals whose 
                        benefit period begins in any calendar year 
                        after 2024, each of the amounts so established 
                        shall equal the corresponding amount 
                        established for the calendar year preceding 
                        such calendar year, or, if larger, the product 
                        of the corresponding amount established with 
                        respect to the calendar year 2024 and the 
                        quotient obtained by dividing--
                                    (I) the national average wage index 
                                for the second calendar year preceding 
                                such calendar year, by
                                    (II) the national average wage 
                                index for calendar year 2022.
                            (iii) Rounding.--Each amount established 
                        under clause (ii) for any calendar year shall 
                        be rounded to the nearest $1, except that any 
                        amount so established which is a multiple of 
                        $0.50 but not of $1 shall be rounded to the 
                        next higher $1.
                    (C) Average monthly earnings.--For purposes of this 
                subsection, the average monthly earnings of an 
                individual shall be an amount equal to \1/12\ 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 
                3 calendar years.
            (3) Maximum and minimum benefit amounts.--
                    (A) In general.--For individuals who initially 
                become eligible for family and medical leave insurance 
                benefits in the first full calendar year after the date 
                of enactment of this Act, the maximum monthly benefit 
                amount and the minimum monthly benefit amount shall be 
                $4,000 and $580, respectively.
                    (B) Wage indexing.--For individuals who initially 
                become eligible for family and medical leave insurance 
                benefits in any calendar year after such first full 
                calendar year the maximum benefit amount and the 
                minimum benefit amount shall be, respectively, the 
                product of the corresponding amount determined with 
                respect to the first calendar year under subparagraph 
                (A) and the quotient obtained by dividing--
                            (i) the national average wage index for the 
                        second calendar year preceding the calendar 
                        year for which the determination is made, by
                            (ii) the national average wage index for 
                        the second calendar year preceding the first 
                        full calendar year after the date of enactment 
                        of this Act.
            (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 is the 12-month 
        period that begins on the 1st day of the 1st month in which the 
        individual--
                    (A) meets the criteria specified in subparagraphs 
                (A) and (B) of subsection (a)(1); and
                    (B) would meet the criteria specified in 
                subparagraphs (C) and (D) of such subsection if such 
                subparagraphs were applied by substituting such 12-
                month period for each reference to the individual's 
                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 (as defined in subclause (II) of 
        section 2(5)(B)(ii)) of the individual or a qualified family 
        member (as defined in subclause (I) of such section) 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 qualifying reason (as defined in 
        section 2(5)(B)(i)), 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 supersede 
        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 Act 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 Act.
    (h) Employment and Benefits Protection and Enforcement.--
            (1) Employment and benefits protection.--
                    (A) In general.--
                            (i) Prohibited acts.--It shall be unlawful 
                        for any person to interfere with, restrain, 
                        deny, or retaliate against an individual 
                        because of the exercise of, or the attempt to 
                        exercise, any right provided under this 
                        section, including through--
                                    (I) discharging or in any other 
                                manner discriminating against 
                                (including retaliating against) an 
                                individual because the individual has 
                                applied for, indicated an intent to 
                                apply for, or received family and 
                                medical leave insurance benefits; or
                                    (II) using the application for or 
                                the receipt of such benefits as a 
                                negative factor in an employment 
                                action.
                            (ii) Restoration to position.--It shall be 
                        interference with the right of an individual 
                        for purposes of clause (i) for an employer of 
                        the individual to, upon the conclusion of any 
                        leave for which the individual received a 
                        family and medical leave insurance benefit 
                        under this section, fail to--
                                    (I) restore the individual to the 
                                position of employment held by the 
                                individual when the leave commenced; or
                                    (II) restore the individual to an 
                                equivalent position with equivalent 
                                employment benefits, pay, and other 
                                terms and conditions of employment.
                            (iii) Maintenance of health benefits.--It 
                        shall be interference with the right of an 
                        individual for purposes of clause (i) for an 
                        employer of the individual to fail to maintain, 
                        for the duration of any leave for which the 
                        individual received a family and medical leave 
                        insurance benefit under this section, coverage 
                        of the individual under any group health plan 
                        (as defined in section 5000(b)(1) of the 
                        Internal Revenue Code of 1986) at the level and 
                        under the conditions coverage would have been 
                        provided if the individual had continued in 
                        employment continuously for the duration of 
                        such leave.
                    (B) Opposing unlawful practices.--It shall be 
                unlawful for any employer to discharge or in any other 
                manner discriminate against any individual for opposing 
                any practice made unlawful by this subsection.
                    (C) Interference with proceedings or inquiries.--It 
                shall be unlawful for any person to discharge or in any 
                other manner discriminate against any individual 
                because such individual--
                            (i) has filed any charge, or has instituted 
                        or caused to be instituted any proceeding, 
                        under or related to this subsection;
                            (ii) has given, or is about to give, any 
                        information in connection with any inquiry or 
                        proceeding relating to any right provided under 
                        this section; or
                            (iii) has testified, or is about to 
                        testify, in any inquiry or proceeding relating 
                        to any right provided under this section.
                    (D) Rebuttable presumption of retaliation.--Any 
                adverse action (including any action described in 
                subparagraph (C) or (D)) taken against an employee 
                within 12 months of the employee taking any leave for 
                which the individual received a family and medical 
                leave insurance benefit under this section shall 
                establish a rebuttable presumption that the action of 
                the employer is retaliating against such employee in 
                violation of subparagraph (A)(i).
                    (E) Non-application for new hires.--Clauses (ii) 
                and (iii) of subparagraph (A) shall not apply to any 
                individual during the 90-day period beginning with the 
                day the individual begins work for an employer.
            (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) 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.
    (j) Effective Date for Applications.--Applications described in 
this section may be filed beginning 18 months after the date of 
enactment of this Act.

SEC. 5. FUNDING FOR STATE ADMINISTRATION OPTION FOR LEGACY STATES.

    (a) In General.--
            (1) Payments to legacy states.--In each calendar year 
        beginning with calendar year 2025, the Commissioner shall make 
        a grant to each State that, for the calendar year preceding 
        such calendar year, was a legacy State and that met the data 
        sharing requirements of subsection (e), in an amount equal to 
        the lesser of--
                    (A) an amount, as estimated by the Commissioner, 
                equal to the total amount of comprehensive paid leave 
                benefits that would have been paid under section 4 
                (including the costs to the Commissioner to administer 
                such benefits, not to exceed (for purposes of 
                estimating such total amount under this subparagraph) 7 
                percent of the total amount of such benefits paid) to 
                individuals who received paid family and medical leave 
                benefits under a State law described in paragraph (1) 
                or (3) of subsection (b) during the calendar year 
                preceding such calendar year if the State had not been 
                a legacy State for such preceding calendar year; or
                    (B) an amount equal to the total cost of paid 
                family and medical leave benefits under a State law 
                described in paragraph (1) or (3) of subsection (b) for 
                the calendar year preceding such calendar year, 
                including--
                            (i) any paid family and medical leave 
                        benefits provided by an employer (whether 
                        directly, under a contract with an insurer, or 
                        provided through a multiemployer plan) as 
                        described in subsection (d); and
                            (ii) the full cost to the State of 
                        administering such law (except that such cost 
                        may not exceed 7 percent of the total amount of 
                        paid family and medical leave benefits paid 
                        under such State law).
            (2) Estimated payments.--In any case in which, during any 
        calendar year, the Commissioner has reason to believe that a 
        State will be a legacy State and meet the data sharing 
        requirements of subsection (e) for such calendar year, the 
        Commissioner may make estimated payments during such calendar 
        year of the grant which would be paid to such State in the 
        succeeding calendar year, to be adjusted as appropriate in the 
        succeeding calendar year.
    (b) Legacy State.--For purposes of this section, the term ``legacy 
State'' for a calendar year means a State with respect to which the 
Commissioner determines that--
            (1) the State has enacted, not later than the date of 
        enactment of this Act, a State law that provides paid family 
        and medical leave benefits;
            (2) for any calendar year that begins before the date that 
        is 3 years after the date of enactment of this Act, the State 
        certifies to the Commissioner that the State intends to remain 
        a legacy State and meet the data sharing requirements of 
        subsection (e) at least through the first calendar year that 
        begins on or after such date; and
            (3) for any calendar year that begins on or after such 
        date, a State law of the State provides for a State program to 
        remain in effect throughout such calendar year that provides 
        comprehensive paid family and medical leave benefits (which may 
        be paid directly by the State or, if permitted under such State 
        law, by an employer pursuant to such State law)--
                    (A) for at least 12 full workweeks of leave during 
                each 12-month period to at least all of those 
                individuals in the State who would be eligible for 
                comprehensive paid leave benefits under section 4 
                (without regard to section 2(5)(C)), except that the 
                State shall provide such benefits for leave from 
                employment by the State or any political subdivision 
                thereof, and may elect to provide such benefits for 
                leave from any other governmental employment; and
                    (B) at a wage replacement rate that is at least 
                equivalent to the wage replacement rate under the 
                comprehensive paid leave benefit program under section 
                4 (without regard to section 2(5)(C)).
    (c) Covered Employment Under the Law of a Legacy State.--For 
purposes of this Act, the term ``covered employment under the law of a 
legacy State'' means employment (or self-employment) with respect to 
which an individual would be eligible to receive paid family and 
medical benefits under the State law of a State, as described in 
paragraph (1) or (3) of subsection (b), during any period during which 
such State is a legacy State.
    (d) Employer-Provided Benefits in a Legacy State.--
            (1) Treatment for purposes of this title.--In the case of a 
        State that permits paid family and medical leave benefits to be 
        provided by an employer (whether directly, under a contract 
        with an insurer, or provided through a multiemployer plan) 
        pursuant to a State law described in paragraph (1) or (3) of 
        subsection (b)--
                    (A) such benefits shall be considered, for all 
                purposes under this Act, paid family and medical leave 
                benefits under the law of a legacy State; and
                    (B) leave for which such benefits are paid shall be 
                considered, for all such purposes, leave from covered 
                employment under the law of a legacy State.
            (2) Distribution of grant funds.--In any case in which paid 
        family and medical leave benefits are provided by 1 or more 
        employers (whether directly, under a contract with an insurer, 
        or provided through a multiemployer plan) in a legacy State 
        pursuant to a State law described in paragraph (1) or (3) of 
        subsection (b), the State, upon the receipt of any grant amount 
        under subsection (a), may distribute an appropriate share of 
        such grant to each such employer.
    (e) Data Sharing.--As a condition of receiving a grant under 
subsection (a) in a calendar year, a State shall enter into an 
agreement with the Commissioner under which the State shall provide the 
Commissioner--
            (1) with information, to be provided periodically as 
        determined by the Commissioner, concerning individuals who 
        received a paid leave benefit under a State law described in 
        paragraph (1) or (3) of subsection (b), including--
                    (A) each individual's name;
                    (B) information to establish the individual's 
                identity;
                    (C) dates for which such paid leave benefits were 
                paid;
                    (D) the amount of such paid leave benefit; and
                    (E) to the extent available, such other information 
                concerning such individuals as necessary for the 
                purpose of carrying out this section and section 
                2(5)(C);
            (2) not later than July 1 of such calendar year, the amount 
        described in subsection (a)(2) for the calendar year preceding 
        such calendar year; and
            (3) such other information as needed to determine 
        compliance with grant requirements.

SEC. 6. 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 3 fiscal years beginning after 
                the date of enactment of this Act, such sums as may be 
                necessary for the Commissioner to--
                            (i) administer the office established under 
                        section 3;
                            (ii) pay the benefits under section 4; and
                            (iii) provide the grants under section 5;
                    (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 and Grants Paid From Trust Fund.--Benefit payments 
required to be made under section 4 and grants provided under section 5 
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 sections 4 and 5, 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 Act.

SEC. 7. 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.
            ``(3) Application of tax to federal, state, and local 
        employment.--For purposes of the tax imposed by paragraph (1) 
        and the application of section 3121(b) with respect to such 
        tax, rules similar to the rules under paragraphs (1) and (2) of 
        section 3121(u) shall apply (without regard to paragraph (2)(C) 
        of such section).''.
            (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) Application of tax to federal, state, and local 
        employment.--For purposes of the tax imposed by paragraph (1) 
        and the application of section 3121(b) with respect to such 
        tax, rules similar to the rules under paragraphs (1) and (2) of 
        section 3121(u) shall apply (without regard to paragraph (2)(C) 
        of such section).''.
            (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 120 days after the date of the enactment of this Act.

SEC. 8. REGULATIONS.

    The Commissioner, in consultation with the Secretary of Labor, 
shall prescribe regulations necessary to carry out this Act. 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. 9. GAO STUDY.

    As soon as practicable after calendar year 2024, the Comptroller 
General shall submit to Congress a report on family and medical leave 
insurance benefits paid under section 4 for any month during the 1-year 
period beginning on January 1, 2024. 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>