I 

115TH CONGRESS 

1ST SESSION H. R. 947 

To provide paid family and medical leave benefits to certain individuals, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Ms. DELAURO (for herself, Ms. HANABUSA, Ms. BONAMICI, Mr. SMITH of 

Washington, Mr. GENE GREEN of Texas, Mr. RASKIN, Mr. RUSH, Ms. 

JAYAPAL, Mrs. LOWEY, Mr. EVANS, Mr. KIHUEN, Mr. MCGOVERN, Mr. 

SOTO, Ms. MOORE, Ms. SHEA-PORTER, Ms. VELA ́ZQUEZ, Ms. JACKSON

LEE, Mr. SEAN PATRICK MALONEY of New York, Mr. DANNY K. DAVIS

of Illinois, Mr. POCAN, Mr. FOSTER, Mr. HASTINGS, Mr. CUMMINGS, Mr. 

NOLAN, Ms. MENG, Ms. PINGREE, Mr. LEWIS of Georgia, Mr. KHANNA, 

Mr. WALZ, Mr. POLIS, Mr. VARGAS, Ms. LEE, Mr. CA ́RDENAS, Mr. 

JOHNSON of Georgia, Mr. GALLEGO, Mr. VEASEY, Mr. CROWLEY, Mr. 

GRIJALVA, Mr. KEATING, Mr. MEEKS, Mr. SWALWELL of California, Mr. 

DEFAZIO, Mr. BUTTERFIELD, Mr. LYNCH, Mr. SERRANO, Mr. 

GUTIE ́RREZ, Ms. SLAUGHTER, Mr. BERA, Ms. GABBARD, Ms. MATSUI, 

Mr. NADLER, Ms. WASSERMAN SCHULTZ, Mr. DOGGETT, Mr. MOULTON, 

Miss RICE of New York, Mrs. NAPOLITANO, Mr. RYAN of Ohio, Mr. 

LOWENTHAL, Ms. NORTON, Ms. MICHELLE LUJAN GRISHAM of New 

Mexico, Ms. SCHAKOWSKY, Mr. SARBANES, Mr. DAVID SCOTT of Georgia, 

Mr. ELLISON, Mr. AGUILAR, Mr. KILDEE, Mr. GARAMENDI, Mr. LARSEN

of Washington, Ms. KELLY of Illinois, Mr. CARSON of Indiana, Ms. 

SPEIER, Mr. CICILLINE, Mr. BLUMENAUER, Mr. BEYER, Mr. ENGEL, Ms. 

CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CAPUANO, Mr. 

PASCRELL, Ms. MCCOLLUM, Mr. BRENDAN F. BOYLE of Pennsylvania, 

Mr. CONNOLLY, Mr. LANGEVIN, Mr. DELANEY, Mrs. WATSON COLEMAN, 

Mr. NORCROSS, Mr. COHEN, Mr. PRICE of North Carolina, Mrs. DINGELL, Mr. TONKO, Mr. SCOTT of Virginia, Ms. KAPTUR, Mr. TAKANO, 

Mr. COURTNEY, Ms. JUDY CHU of California, Mrs. LAWRENCE, Mrs. 

TORRES, Ms. LOFGREN, Mr. PAYNE, Ms. CASTOR of Florida, Mr. 

JEFFRIES, Mr. PERLMUTTER, Mr. LARSON of Connecticut, Mrs. CAROLYN B. MALONEY of New York, Ms. ROYBAL-ALLARD, Mr. THOMPSON

of California, Ms. FUDGE, Mr. KRISHNAMOORTHI, Ms. ADAMS, Mr. 

HUFFMAN, Ms. WILSON of Florida, Mr. HIGGINS of New York, and Ms. 

BLUNT ROCHESTER) introduced the following bill; which was referred to 

the Committee on Ways and Means 


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A BILL 

To provide paid family and medical leave benefits to certain 

individuals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family and Medical 

5 Insurance Leave Act’’ or the ‘‘FAMILY Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) In more than two-thirds of families with 

9 children, all adults in the household work. Six in 10 

10 family caregivers report working at jobs unrelated to 

11 their care responsibilities and more than half report 

12 working full time. Without paid family and medical 

13 leave, many workers are unable to take time away 

14 from work to care for newborn children, ill or aging 

15 parents and relatives, or themselves. 

16 (2) Both women and men need to be able to 

17 take time off work to participate in the care of their 

18 children, in the care of seriously ill family members, 

19 and to address their own serious health conditions. 

20 Yet, a mere 14 percent of workers in the United 

21 States have access to paid family leave through their 

22 employers, and fewer than 40 percent have access to 


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1 short-term disability insurance provided by their em2 ployer to use for their own illnesses. 

3 (3) Many workers cannot afford to take unpaid 

4 time off work to provide care. According to the De5 partment of Labor, nearly half of workers who quali6 fied for leave under the Family and Medical Leave 

7 Act of 1993 (FMLA) in 2011 were unable to take 

8 the leave because they could not afford to take time 

9 off without pay. Six in 10 workers who took partially 

10 paid or unpaid leave reported difficulty making ends 

11 meet; half of these workers were forced to cut their 

12 leaves short due to financial constraints. 

13 (4) Only 14 percent of all workers had access 

14 to paid family leave in 2016 and it was available to 

15 only 4 percent of people working in the lowest pay16 ing jobs. Workers who lack paid family and medical 

17 leave face lost wages or even job loss when they miss 

18 work because of their own illness or to care for an 

19 ill child or parent. In this way, access to paid family 

20 and medical leave plays a critical role in families’ ef21 forts to maintain employment and economic security. 

22 (5) Caregiving has a high value but also comes 

23 at a high cost for family caregivers. Working fami24 lies in the United States lose an estimated $20.6 bilVerDate Sep 11 2014 04:40 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H947.IH H947

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1 lion in wages each year due to lack of access to paid 

2 family and medical leave. 

3 (6) The estimated value of unpaid family care 

4 provided in 2013 was $470 billion. Family caregivers 

5 face financial, physical and emotional hardships, and 

6 in many cases their careers, incomes, and retirement 

7 security suffer because of their family responsibil8 ities. 

9 (7) The average worker age 50 and older who 

10 leaves the workforce to care for an elderly parent 

11 loses more than $300,000 in earnings and retire12 ment income. Working caregivers should not have to 

13 risk their family’s economic security to fulfill their 

14 caregiving obligations. 

15 (8) The population aged 65 and older is ex16 pected to double over the next few decades. The 

17 number of people with chronic conditions is expected 

18 to reach nearly 160 million by 2020. Many of these 

19 individuals will at some point require family care, 

20 and for older workers still in the workforce, many 

21 will need time off at some point to address serious 

22 health conditions. 

23 (9) Ensuring working family caregivers have 

24 paid family leave to care for ailing elders could drive 


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1 down Medicare costs by decreasing recurrences of 

2 ailments and re-admittance into hospitals. 

3 (10) Many workers are forced to quickly return 

4 to work after the birth or arrival of a child because 

5 they have no access to paid family and medical 

6 leave. Only half of new mothers take paid leave of 

7 any duration after the birth of their first child, and 

8 among women with less than a high school education 

9 the figure is less than 20 percent—a rate that has 

10 not changed in half a century. 

11 (11) When new mothers have no choice but to 

12 return to work without taking leave, children can ex13 perience a variety of negative outcomes including 

14 higher rates of infant mortality, lower rates of 

15 breastfeeding, lower rates of immunization, and a 

16 higher incidence of maternal physical and mental 

17 health concerns. California’s paid family leave insur18 ance program, which has been in effect since 2004, 

19 has increased the number of weeks of leave that 

20 women take after childbirth, with larger effects 

21 among women in jobs that do not provide paid leave. 

22 (12) A nationwide paid family and medical 

23 leave program would address the persistent sex dis24 crimination in the utilization of leave benefits and 

25 reduce the disparity between women and men reVerDate Sep 11 2014 04:40 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H947.IH H947

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1 garding who takes time off from work to fulfill 

2 caregiving duties. This disparity is driven in part by 

3 the fact that men continue to be paid more than 

4 women, and, as a result, it often makes more eco5 nomic sense for women in two-parent families to 

6 take unpaid leave and forgo their lower salary. 

7 (13) Many men would like to be more involved 

8 in caregiving and report greater work-family conflict 

9 than ever before. In California, men’s use of the 

10 State’s paid family leave insurance program to care 

11 for a new child has more than doubled since the pro12 gram’s implementation. And in Rhode Island, the 

13 most recent State to implement a State paid leave 

14 program, men took leave at higher rates in the pro15 gram’s first year than other State programs’ first 

16 year. 

17 (14) High-profile companies are increasingly 

18 recognizing the importance of providing paid leave to 

19 their workers, regardless of gender, and updating 

20 their leave policies to reflect the reality that both 

21 men and women need paid leave. 

22 (15) Paid family and medical leave promotes 

23 families’ financial security and independence, in24 creases worker retention, and promotes savings for 

25 taxpayers. Women who take paid leave after a 


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1 child’s birth are more likely to be in the labor force 

2 in the 9 to 12 months after a child’s birth and to 

3 earn higher wages in the year following their child’s 

4 birth. Both men and women who take paid leave 

5 after a child’s birth are less likely to receive food 

6 stamps and public assistance in the year following a 

7 child’s birth. 

8 (16) Without paid medical leave, workers who 

9 are ill or injured may return to work before being 

10 fully recovered, thus making them susceptible to a 

11 relapse or recurrence, and potentially placing addi12 tional burdens on the health care system. When a 

13 job requires physical stamina or ability, individuals 

14 who return to work too early may put themselves or 

15 others in jeopardy. 

16 (17) A social insurance model of providing paid 

17 family leave pioneered by the States of California, 

18 New Jersey, and Rhode Island has worked well for 

19 workers, their families, and employers. The over20 whelming majority of employers in California report 

21 that the State’s program had a positive or neutral 

22 effect on their business. When workers can care for 

23 themselves and their loved ones, employers experi24 ence positive impacts. 


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1 (18) According to the Department of Labor’s 

2 2012 survey on the FMLA, more than four times as 

3 many worksites covered by the FMLA reported posi4 tive effects on employee productivity, absenteeism, 

5 turnover, career advancement and morale, as well as 

6 the business’ profitability, as reported negative ef7 fects. 

8 (19) Californians have filed more than 2.1 mil9 lion claims to leave to care for a family member or 

10 bond with a new child over more than a decade. In 

11 New Jersey, more than 217,000 claims have been 

12 filed over the more than 6 years of the program’s 

13 existence, and in Rhode Island, nearly 13,000 claims 

14 were filed in the programs first two years. These 

15 claims represent valuable care for new children and 

16 seriously ill loved ones. 

17 (20) Social Security is the Nation’s primary so18 cial insurance system, with the most complete record 

19 of workers’ earnings history. It provides retirement 

20 assistance and disability benefits currently and, 

21 since its creation in 1934, the programs the Social 

22 Security Administration administers have been up23 dated multiple times to reflect the changing needs of 

24 the population, families and the workforce. The sys25 tem needs to be changed again now—with approVerDate Sep 11 2014 04:40 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H947.IH H947

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1 priate investments to meet the agency’s needs—to 

2 reflect today’s realities. 

3 (21) Researchers at Brandeis University esti4 mate that, following the enactment of this Act, the 

5 share of families falling into financial hardship 

6 (earnings below 200 percent of the Federal poverty 

7 line) as a result of taking 12 weeks of unpaid leave 

8 would be reduced by more than three-fourths. 

9 (b) PURPOSE.—It is the purpose of this Act— 

10 (1) to help working families, including single 

11 working parents and dual-earner families, afford to 

12 take time away from work to provide care for a fam13 ily member and be good workers; 

14 (2) to provide workers with a reasonable level 

15 of wage replacement during time away from work 

16 for a serious health condition, for the birth or adop17 tion of a child, for the care of a child, spouse, or 

18 parent who has a serious health condition, for the 

19 care of an injured service member, or for qualifying 

20 exigencies arising from the deployment of a service 

21 member; 

22 (3) to address sex discrimination, promote the 

23 goal of equal employment opportunity for women 

24 and men, and to provide relief when employers vio25 late the law; and 


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1 (4) to accomplish the purposes described in 

2 paragraphs (1), (2), and (3) in a manner that ac3 commodates the legitimate interests of employers. 

4 SEC. 3. DEFINITIONS. 

5 In this Act, the following definitions apply: 

6 (1) CAREGIVING DAY.—The term ‘‘caregiving 

7 day’’ means, with respect to an individual, a cal8 endar day in which the individual engaged in quali9 fied caregiving. 

10 (2) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner of Social Security. 

12 (3) DEPUTY COMMISSIONER.—The term ‘‘Dep13 uty Commissioner’’ means the Deputy Commissioner 

14 who heads the Office of Paid Family and Medical 

15 Leave established under section 4(a). 

16 (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

17 individual’’ means an individual who is entitled to a 

18 benefit under section 5 for a particular month, upon 

19 filing an application for such benefit for such month. 

20 (5) INITIAL WAITING PERIOD.—The term ‘‘ini21 tial waiting period’’ means a period beginning with 

22 the first caregiving day of an individual occurring 

23 during the individual’s benefit period and ending 

24 after the earlier of— 


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1 (A) the fifth caregiving day of the indi2 vidual occurring during the benefit period; or 

3 (B) the month preceding the first month in 

4 the benefit period during which occur not less 

5 than 15 caregiving days of the individual. 

6 (6) QUALIFIED CAREGIVING.—The term ‘‘quali7 fied caregiving’’ means any activity engaged in by an 

8 individual, other than regular employment, for a rea9 son for which an eligible employee would be entitled 

10 to leave under subparagraphs (A) through (E) of 

11 paragraph (1) of section 102(a) of the Family and 

12 Medical Leave Act of 1993 (29 U.S.C. 2612(a)). 

13 (7) SELF-EMPLOYMENT INCOME.—The term 

14 ‘‘self-employment income’’ has the same meaning as 

15 such term in section 211(b) of such Act (42 U.S.C. 

16 411(b)). 

17 (8) STATE.—The term ‘‘State’’ means any 

18 State of the United States or the District of Colum19 bia or any territory or possession of the United 

20 States. 

21 (9) WAGES.—The term ‘‘wages’’, except as such 

22 term is used in subsection (h)(2) of section 5, has 

23 the same meaning as such term in section 209 of the 

24 Social Security Act (42 U.S.C. 409). 


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1 (10) 60-DAY LIMITATION PERIOD.—The term 

2 ‘‘60-day limitation period’’ means a period— 

3 (A) beginning with the first caregiving day 

4 of an individual occurring during the individ5 ual’s benefit period and after the expiration of 

6 the individual’s 5-day waiting period, if applica7 ble; and 

8 (B) ending with the 60th caregiving day of 

9 the individual occurring during the benefit pe10 riod and after the expiration of the 5-day wait11 ing period, 

12 disregarding any caregiving day of the individual oc13 curring during any month in the benefit period after 

14 the first 20 caregiving days of the individual occur15 ring during such month. 

16 SEC. 4. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. 

17 (a) ESTABLISHMENT OF OFFICE.—There is estab18 lished within the Social Security Administration an office 

19 to be known as the Office of Paid Family and Medical 

20 Leave. The Office shall be headed by a Deputy Commis21 sioner who shall be appointed by the Commissioner. 

22 (b) RESPONSIBILITIES OF DEPUTY COMMIS23 SIONER.—The Commissioner, acting through the Deputy 

24 Commissioner, shall be responsible for— 


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1 (1) hiring personnel and making employment 

2 decisions with regard to such personnel; 

3 (2) issuing such regulations as may be nec4 essary to carry out the purposes of this Act; 

5 (3) entering into cooperative agreements with 

6 other agencies and departments to ensure the effi7 ciency of the administration of the program; 

8 (4) determining eligibility for family and med9 ical leave insurance benefits under section 5; 

10 (5) determining benefit amounts for each 

11 month of such eligibility and making timely pay12 ments of such benefits to entitled individuals in ac13 cordance with such section; 

14 (6) establishing and maintaining a system of 

15 records relating to the administration of such sec16 tion; 

17 (7) preventing fraud and abuse relating to such 

18 benefits; 

19 (8) providing information on request regarding 

20 eligibility requirements, the claims process, benefit 

21 amounts, maximum benefits payable, notice require22 ments, nondiscrimination rights, confidentiality, co23 ordination of leave under this Act and other laws, 

24 collective bargaining agreements, and employer poli25 cies; 


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1 (9) annually providing employers a notice in2 forming employees of the availability of such bene3 fits; 

4 (10) annually making available to the public a 

5 report that includes the number of individuals who 

6 received such benefits, the purposes for which such 

7 benefits were received, and an analysis of utilization 

8 rates of such benefits by gender, race, ethnicity, and 

9 income levels; and 

10 (11) tailoring culturally and linguistically com11 petent education and outreach toward increasing uti12 lization rates of benefits under such section. 

13 (c) AVAILABILITY OF DATA.—The Commissioner 

14 shall make available to the Deputy Commissioner such 

15 data as the Commissioner determines necessary to enable 

16 the Deputy Commissioner to effectively carry out the re17 sponsibilities described in subsection (b). 

18 SEC. 5. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT 

19 PAYMENTS. 

20 (a) IN GENERAL.—Every individual who— 

21 (1) is insured for disability insurance benefits 

22 (as determined under section 223(c) of the Social 

23 Security Act (42 U.S.C. 423(c))) at the time such 

24 individual’s application is filed; 


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1 (2) has earned income from employment during 

2 the 12 months prior to the month in which the ap3 plication is filed; 

4 (3) has filed an application for a family and 

5 medical leave insurance benefit in accordance with 

6 subsection (d); and 

7 (4) was engaged in qualified caregiving, or an8 ticipates being so engaged, during the period that 

9 begins 90 days before the date on which such appli10 cation is filed or within 30 days after such date, 

11 shall be entitled to such a benefit for each month in the 

12 benefit period specified in subsection (c), not to exceed 60 

13 caregiving days per benefit period. 

14 (b) BENEFIT AMOUNT.— 

15 (1) IN GENERAL.—Except as otherwise pro16 vided in this subsection, the benefit amount to which 

17 an individual is entitled under this section for a 

18 month shall be an amount equal to the greater of— 

(A) the lesser of 1 19 ⁄18 of the wages and self20 employment income of the individual for the 

21 calendar year in which such wages and self-em22 ployment income are the highest among the 

23 most recent three calendar years, or the max24 imum benefit amount determined under para25 graph (2); or 


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1 (B) the minimum benefit amount deter2 mined under paragraph (2), 

3 multiplied by the quotient (not greater than 1) ob4 tained by dividing the number of caregiving days of 

5 the individual in such month by 20. 

6 (2) ANNUAL INCREASE OF MAXIMUM AND MIN7 IMUM BENEFIT AMOUNTS.— 

8 (A) For individuals who initially become el9 igible for family and medical leave insurance 

10 benefits in the first full calendar year after the 

11 date of enactment of this Act, the maximum 

12 monthly benefit amount and the minimum 

13 monthly benefit amount shall be $4,000 and 

14 $580, respectively. 

15 (B) For individuals who initially become el16 igible for family and medical leave insurance 

17 benefits in any calendar year after such first 

18 full calendar year the maximum benefit amount 

19 and the minimum benefit amount shall be, re20 spectively, the product of the corresponding 

21 amount determined with respect to the first cal22 endar year under subparagraph (A) and the 

23 quotient obtained by dividing— 

24 (i) the national average wage index 

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1 cial Security Act (42 U.S.C. 409(k)(1))) 

2 for the second calendar year preceding the 

3 first calendar year for which the deter4 mination is made, by 

5 (ii) the national average wage index 

6 (as so defined) for 2017. 

7 (3) LIMITATIONS ON BENEFITS PAID.— 

8 (A) NONPAYABLE WAITING PERIOD.—Any 

9 calendar day during an individual’s benefit pe10 riod which occurs before the expiration of an 

11 initial waiting period shall not be taken into ac12 count under this subsection as a caregiving day 

13 of the individual. 

14 (B) LIMITATION ON TOTAL BENEFITS

15 PAID.—Any calendar day during an individual’s 

16 benefit period which occurs after the expiration 

17 of a 60-day limitation period shall not be taken 

18 into account under this subsection as a 

19 caregiving day of the individual. 

20 (4) REDUCTION IN BENEFIT AMOUNT ON AC21 COUNT OF RECEIPT OF CERTAIN BENEFITS.—A ben22 efit under this section for a month shall be reduced 

23 by the amount, if any, in certain benefits (as deter24 mined under regulations issued by the Commis25 sioner) as may be otherwise received by an indiVerDate Sep 11 2014 04:40 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H947.IH H947

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1 vidual. For purposes of the preceding sentence, cer2 tain benefits include— 

3 (A) periodic benefits on account of such in4 dividual’s total or partial disability under a 

5 workmen’s compensation law or plan of the 

6 United States or a State; and 

7 (B) periodic benefits on account of an indi8 vidual’s employment status under an unemploy9 ment law or plan of the United States or a 

10 State. 

11 (5) COORDINATION OF BENEFIT AMOUNT WITH

12 CERTAIN STATE BENEFITS.—A benefit received 

13 under this section shall be coordinated, in a manner 

14 determined by regulations issued by the Commis15 sioner, with the periodic benefits received from tem16 porary disability insurance or family leave insurance 

17 programs under any law or plan of a State, a polit18 ical subdivision (as that term is used in section 

19 218(b)(2) of the Social Security Act (42 U.S.C. 

20 418(b)(2))), or an instrumentality of two or more 

21 States (as that term is used in section 218(g) of 

22 such Act of the Social Security Act (42 U.S.C. 

23 418(g))). 

24 (c) BENEFIT PERIOD.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the benefit period specified in this sub3 section shall begin on the 1st day of the 1st month 

4 in which the individual meets the criteria specified in 

5 paragraphs (1), (2), and (3) of subsection (a), and 

6 shall end on the date that is 365 days after the 1st 

7 day of the benefit period. 

8 (2) RETROACTIVE BENEFITS.—In the case of 

9 an application for benefits under this section for 

10 qualified caregiving in which the individual was en11 gaged at any time during the 90-day period pre12 ceding the date on which such application is sub13 mitted, the benefit period specified in this subsection 

14 shall begin on the later of— 

15 (A) the 1st day of the 1st month in which 

16 the individual engaged in such qualified 

17 caregiving; or 

18 (B) the 1st day of the 1st month that be19 gins during such 90-day period, 

20 and shall end on the date that is 365 days after the 

21 1st day of the benefit period. 

22 (d) APPLICATION.—An application for a family and 

23 medical leave insurance benefit shall include— 

24 (1) a statement that the individual was engaged 

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1 gaged, during the period that begins 90 days before 

2 the date on which the application is submitted or 

3 within 30 days after such date; 

4 (2) if the qualified caregiving described in the 

5 statement in paragraph (1) is engaged in by the in6 dividual because of a serious health condition of the 

7 individual or a relative of the individual, a certifi8 cation, issued by the health care provider treating 

9 such serious health condition, that affirms the infor10 mation specified in paragraph (1) and contains such 

11 information as the Commissioner shall specify in 

12 regulations, which shall be no more than the infor13 mation that is required to be stated under section 

14 103(b) of the Family and Medical Leave Act of 

15 1993 (29 U.S.C. 2613(b)); 

16 (3) if such qualified caregiving is engaged in by 

17 the individual for any other authorized reason, a cer18 tification, issued by a relevant authority determined 

19 under regulations issued by the Commissioner, that 

20 affirms the circumstances giving rise to such reason; 

21 and 

22 (4) an attestation from the applicant that his or 

23 her employer has been provided with written notice 

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1 ical leave, if the individual has an employer, or to 

2 the Commissioner in all other cases. 

3 (e) INELIGIBILITY; DISQUALIFICATION.— 

4 (1) INELIGIBILITY FOR BENEFIT.—An indi5 vidual shall be ineligible for a benefit under this sec6 tion for any month for which the individual is enti7 tled to— 

8 (A) disability insurance benefits under sec9 tion 223 of the Social Security Act (42 U.S.C. 

10 423) or a similar permanent disability program 

11 under any law or plan of a State or political 

12 subdivision or instrumentality of a State (as 

13 such terms are used in section 218 of the Social 

14 Security Act (42 U.S.C. 418)); 

15 (B) monthly insurance benefits under sec16 tion 202 of such Act (42 U.S.C. 402) based on 

17 such individual’s disability (as defined in sec18 tion 223(d) of such Act (42 U.S.C. 423(d))); or 

19 (C) benefits under title XVI of such Act 

20 (42 U.S.C. 1381 et seq.) based on such individ21 ual’s status as a disabled individual (as deter22 mined under section 1614 of such Act (42 

23 U.S.C. 1382c)). 

24 (2) DISQUALIFICATION.—An individual who has 

25 been convicted of a violation under section 208 of 


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1 the Social Security Act (42 U.S.C. 408) or who has 

2 been found to have used false statement to secure 

3 benefits under this section, shall be ineligible for 

4 benefits under this section for a 1-year period fol5 lowing the date of such conviction. 

6 (f) REVIEW OF ELIGIBILITY AND BENEFIT PAYMENT

7 DETERMINATIONS.— 

8 (1) ELIGIBILITY DETERMINATIONS.— 

9 (A) IN GENERAL.—The Commissioner 

10 shall provide notice to an individual applying 

11 for benefits under this section of the initial de12 termination of eligibility for such benefits, and 

13 the estimated benefit amount for a month in 

14 which one caregiving day of the individual oc15 curs, as soon as practicable after the applica16 tion is received. 

17 (B) REVIEW.—An individual may request 

18 review of an initial adverse determination with 

19 respect to such application at any time before 

20 the end of the 20-day period that begins on the 

21 date notice of such determination is received, 

22 except that such 20-day period may be extended 

23 for good cause. As soon as practicable after the 

24 individual requests review of the determination, 

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1 dividual of a final determination of eligibility 

2 for benefits under this section. 

3 (2) BENEFIT PAYMENT DETERMINATIONS.— 

4 (A) IN GENERAL.—The Commissioner 

5 shall make any monthly benefit payment to an 

6 individual claiming benefits for a month under 

7 this section, or provide notice of the reason 

8 such payment will not be made if the Commis9 sioner determines that the individual is not en10 titled to payment for such month, not later 

11 than 20 days after the individual’s monthly 

12 benefit claim report for such month is received. 

13 Such monthly report shall be filed with the 

14 Commissioner not later than 15 days after the 

15 end of each month. 

16 (B) REVIEW.—If the Commissioner deter17 mines that payment will not be made to an in18 dividual for a month, or if the Commissioner 

19 determines that payment shall be made based 

20 on a number of caregiving days in the month 

21 inconsistent with the number of caregiving days 

22 in the monthly benefit claim report of the indi23 vidual for such month, the individual may re24 quest review of such determination at any time 

25 before the end of the 20-day period that begins 


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1 on the date notice of such determination is re2 ceived, except that such 20-day period may be 

3 extended for good cause. Not later than 20 days 

4 after the individual requests review of the deter5 mination, the Commissioner shall provide notice 

6 to the individual of a final determination of 

7 payment for such month, and shall make pay8 ment to the individual of any additional amount 

9 not included in the initial payment to the indi10 vidual for such month to which the Commis11 sioner determines the individual is entitled. 

12 (3) BURDEN OF PROOF.—An application for 

13 benefits under this section and a monthly benefit 

14 claim report of an individual shall each be presumed 

15 to be true and accurate, unless the Commissioner 

16 demonstrates by a preponderance of the evidence 

17 that information contained in the application is 

18 false. 

19 (4) DEFINITION OF MONTHLY BENEFIT CLAIM

20 REPORT.—For purposes of this subsection, the term 

21 ‘‘monthly benefit claim report’’ means, with respect 

22 to an individual for a month, the individual’s report 

23 to the Commissioner of the number of caregiving 

24 days of the individual in such month, which shall be 


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1 filed no later than 15 days after the end of each 

2 month. 

3 (5) REVIEW.—All final determinations of the 

4 Commissioner under this subsection shall be review5 able according to the procedures set out in section 

6 205 of the Social Security Act (42 U.S.C. 405). 

7 (g) RELATIONSHIP WITH STATE LAW; EMPLOYER

8 BENEFITS.— 

9 (1) IN GENERAL.—This section does not pre10 empt or supercede any provision of State or local 

11 law that authorizes a State or local municipality to 

12 provide paid family and medical leave benefits simi13 lar to the benefits provided under this section. 

14 (2) GREATER BENEFITS ALLOWED.—Nothing 

15 in this Act shall be construed to diminish the obliga16 tion of an employer to comply with any contract, col17 lective bargaining agreement, or any employment 

18 benefit program or plan that provides greater paid 

19 leave or other leave rights to employees than the 

20 rights established under this Act. 

21 (h) PROHIBITED ACTS; ENFORCEMENT.— 

22 (1) IN GENERAL.—It shall be unlawful for any 

23 person to discharge or in any other manner discrimi24 nate against an individual because the individual has 


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1 applied for, indicated an intent to apply for, or re2 ceived family and medical leave insurance benefits. 

3 (2) CIVIL ACTION BY AN INDIVIDUAL.— 

4 (A) LIABILITY.—Any person who violates 

5 paragraph (1) shall be liable to any individual 

6 employed by such person who is affected by the 

7 violation— 

8 (i) for damages equal to the sum of— 

9 (I) the amount of— 

10 (aa) any wages, salary, em11 ployment benefits, or other com12 pensation denied or lost to such 

13 individual by reason of the viola14 tion; or 

15 (bb) in a case in which 

16 wages, salary, employment bene17 fits, or other compensation have 

18 not been denied or lost to the in19 dividual, any actual monetary 

20 losses sustained by the individual 

21 as a direct result of the violation, 

22 such as the cost of providing 

23 care, up to a sum equal to 60 

24 calendar days of wages or salary 

25 for the individual; 


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1 (II) the interest on the amount 

2 described in subclause (I) calculated 

3 at the prevailing rate; and 

4 (III) an additional amount as liq5 uidated damages equal to the sum of 

6 the amount described in subclause (I) 

7 and the interest described in sub8 clause (II), except that if a person 

9 who has violated paragraph (1) proves 

10 to the satisfaction of the court that 

11 the act or omission which violated 

12 paragraph (1) was in good faith and 

13 that the person had reasonable 

14 grounds for believing that the act or 

15 omission was not a violation of para16 graph (1), such court may, in the dis17 cretion of the court, reduce the 

18 amount of the liability to the amount 

19 and interest determined under sub20 clauses (I) and (II), respectively; and 

21 (ii) for such equitable relief as may be 

22 appropriate, including employment, rein23 statement, and promotion. 

24 (B) RIGHT OF ACTION.—An action to re25 cover the damages or equitable relief prescribed 


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1 in subparagraph (A) may be maintained against 

2 any person in any Federal or State court of 

3 competent jurisdiction by any individual for and 

4 on behalf of— 

5 (i) the individual; or 

6 (ii) the individual and other individ7 uals similarly situated. 

8 (C) FEES AND COSTS.—The court in such 

9 an action shall, in addition to any judgment 

10 awarded to the plaintiff, allow a reasonable at11 torney’s fee, reasonable expert witness fees, and 

12 other costs of the action to be paid by the de13 fendant. 

14 (D) LIMITATIONS.—The right provided by 

15 subparagraph (B) to bring an action by or on 

16 behalf of any individual shall terminate— 

17 (i) on the filing of a complaint by the 

18 Commissioner in an action under para19 graph (5) in which restraint is sought of 

20 any further delay in the payment of the 

21 amount described in subparagraph (A)(I) 

22 to such individual by the person respon23 sible under subparagraph (A) for the pay24 ment; or 


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1 (ii) on the filing of a complaint by the 

2 Commissioner in an action under para3 graph (3) in which a recovery is sought of 

4 the damages described in subparagraph 

5 (A)(I) owing to an individual by a person 

6 liable under subparagraph (A), 

7 unless the action described in clause (I) or (ii) 

8 is dismissed without prejudice on motion of the 

9 Commissioner. 

10 (3) ACTION BY THE COMMISSIONER.— 

11 (A) CIVIL ACTION.—The Commissioner 

12 may bring an action in any court of competent 

13 jurisdiction to recover the damages described in 

14 paragraph (2)(A)(I). 

15 (B) SUMS RECOVERED.—Any sums recov16 ered by the Commissioner pursuant to subpara17 graph (A) shall be held in a special deposit ac18 count and shall be paid, on order of the Com19 missioner, directly to each individual affected. 

20 Any such sums not paid to an individual be21 cause of inability to do so within a period of 3 

22 years shall be deposited into the Federal Family 

23 and Medical Leave Insurance Trust Fund. 

24 (4) LIMITATION.— 


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1 (A) IN GENERAL.—An action may be 

2 brought under this subsection not later than 3 

3 years after the date of the last event consti4 tuting the alleged violation for which the action 

5 is brought. 

6 (B) COMMENCEMENT.—An action brought 

7 by the Commissioner under this subsection shall 

8 be considered to be commenced on the date 

9 when the complaint is filed. 

10 (5) ACTION FOR INJUNCTION BY COMMIS11 SIONER.—The district courts of the United States 

12 shall have jurisdiction, for cause shown, in an action 

13 brought by the Commissioner— 

14 (A) to restrain violations of paragraph (1), 

15 including the restraint of any withholding of 

16 payment of wages, salary, employment benefits, 

17 or other compensation, plus interest, found by 

18 the court to be due to an individual; or 

19 (B) to award such other equitable relief as 

20 may be appropriate, including employment, re21 instatement, and promotion. 

22 (i) SPECIAL RULE FOR RAILROAD EMPLOYEES.—For 

23 purposes of subsection (a)(1), an individual shall be 

24 deemed to be insured for disability insurance benefits if 

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1 ice as an employee (as defined in the section 1(b) of the 

2 Railroad Retirement Act of 1974) after December 31, 

3 1936, were included within the meaning of the term ‘‘em4 ployment’’ for purposes of title II of the Social Security 

5 Act (42 U.S.C. 401 et seq.). 

6 (j) DETERMINATION OF WHETHER AN ACTIVITY

7 CONSTITUTES QUALIFIED CAREGIVING.— 

8 (1) IN GENERAL.—For purposes of determining 

9 whether an activity engaged in by an individual con10 stitutes qualified caregiving under this section— 

11 (A) the term ‘‘spouse’’ (as used in section 

12 102(a) of the Family and Medical Leave Act 

13 (29 U.S.C. 2612(a))) includes the individual’s 

14 domestic partner; and 

15 (B) the term ‘‘son or daughter’’ (as used 

16 in such section) includes a son or daughter (as 

17 defined in section 101 of such Act) of the indi18 vidual’s domestic partner. 

19 (2) DOMESTIC PARTNER.— 

20 (A) IN GENERAL.—For purposes of para21 graph (1), the term ‘‘domestic partner’’, with 

22 respect to an individual, means another indi23 vidual with whom the individual is in a com24 mitted relationship. 


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1 (B) COMMITTED RELATIONSHIP DE2 FINED.—The term ‘‘committed relationship’’ 

3 means a relationship between two individuals 

4 (each at least 18 years of age) in which each 

5 individual is the other individual’s sole domestic 

6 partner and both individuals share responsi7 bility for a significant measure of each other’s 

8 common welfare. The term includes any such 

9 relationship between two individuals, including 

10 individuals of the same sex, that is granted 

11 legal recognition by a State or political subdivi12 sion of a State as a marriage or analogous rela13 tionship, including a civil union or domestic 

14 partnership. 

15 (k) APPLICABILITY OF CERTAIN SOCIAL SECURITY

16 ACT PROVISIONS.—The provisions of sections 204, 205, 

17 206, and 208 of the Social Security Act shall apply to 

18 benefit payments authorized by and paid out pursuant to 

19 this section in the same way that such provisions apply 

20 to benefit payments authorized by and paid out pursuant 

21 to title II of such Act. 

22 (l) EFFECTIVE DATE FOR APPLICATIONS.—Applica23 tions described in this section may be filed beginning 18 

24 months after the date of enactment of this Act. 


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1 SEC. 6. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE 

2 INSURANCE TRUST FUND. 

3 (a) IN GENERAL.—There is hereby created on the 

4 books of the Treasury of the United States a trust fund 

5 to be known as the ‘‘Federal Family and Medical Leave 

6 Insurance Trust Fund’’. The Federal Family and Medical 

7 Leave Insurance Trust Fund shall consist of such gifts 

8 and bequests as may be made as provided in section 

9 201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) 

10 and such amounts as may be appropriated to, or deposited 

11 in, the Federal Family and Medical Leave Insurance 

12 Trust Fund as provided in this section. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to the Federal Family and Medical 

16 Leave Insurance Trust Fund out of moneys in the 

17 Treasury not otherwise appropriated— 

18 (A) for the first three fiscal years begin19 ning after the date of enactment of this Act, 

20 such sums as may be necessary for the Com21 missioner to administer the office established 

22 under section 4 and pay the benefits under sec23 tion 5; 

24 (B) 100 percent of the taxes imposed by 

25 sections 3101(c) and 3111(c) of the Internal 

26 Revenue Code of 1986 with respect to wages 


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1 (as defined in section 3121 of such Code) re2 ported to the Secretary of the Treasury pursu3 ant to subtitle F of such Code, as determined 

4 by the Secretary of the Treasury by applying 

5 the applicable rate of tax under such sections to 

6 such wages; 

7 (C) 100 percent of the taxes imposed by 

8 section 1401(c) of such Code with respect to 

9 self-employment income (as defined in section 

10 1402 of such Code) reported to the Secretary of 

11 the Treasury on tax returns under subtitle F of 

12 such Code, as determined by the Secretary of 

13 the Treasury by applying the applicable rate of 

14 tax under such section to such self-employment 

15 income; and 

16 (D) 100 percent of the taxes imposed by 

17 sections 3201(c), 3211(c), and 3221(c) of such 

18 Code with respect to compensation (as defined 

19 in section 3231 of such Code) reported to the 

20 Secretary of the Treasury on tax returns under 

21 subtitle F of such Code, as determined by the 

22 Secretary of the Treasury by applying the ap23 plicable rate of tax under such sections to such 

24 compensation. 


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1 (2) REPAYMENT OF INITIAL APPROPRIATION.— 

2 Amounts appropriated pursuant to subparagraph 

3 (A) of paragraph (1) shall be repaid to the Treasury 

4 of the United States not later than 10 years after 

5 the first appropriation is made pursuant to such 

6 subparagraph. 

7 (3) TRANSFER TO TRUST FUND.—The amounts 

8 described in paragraph (2) shall be transferred from 

9 time to time from the general fund in the Treasury 

10 to the Federal Family and Medical Leave Insurance 

11 Trust Fund, such amounts to be determined on the 

12 basis of estimates by the Secretary of the Treasury 

13 of the taxes, specified in such paragraph, paid to or 

14 deposited into the Treasury. Proper adjustments 

15 shall be made in amounts subsequently transferred 

16 to the extent prior estimates were inconsistent with 

17 the taxes specified in such paragraph. 

18 (c) MANAGEMENT OF TRUST FUND.—The provisions 

19 of subsections (c), (d), (e), (f), (i), and (m) of section 201 

20 of the Social Security Act (42 U.S.C. 401) shall apply with 

21 respect to the Federal Family and Medical Leave Insur22 ance Trust Fund in the same manner as such provisions 

23 apply to the Federal Old-Age and Survivors Insurance 

24 Trust Fund and the Disability Insurance Trust Fund. 


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1 (d) BENEFITS PAID FROM TRUST FUND.—Benefit 

2 payments required to be made under section 5 shall be 

3 made only from the Federal Family and Medical Leave 

4 Insurance Trust Fund. 

5 (e) ADMINISTRATION.—There are authorized to be 

6 made available for expenditure, out of the Federal Family 

7 and Medical Leave Insurance Trust Fund, such sums as 

8 may be necessary to pay the costs of the administration 

9 of section 5, including start-up costs, technical assistance, 

10 outreach, education, evaluation, and reporting. 

11 (f) PROHIBITION.—No funds from the Social Secu12 rity Trust Fund or appropriated to the Social Security Ad13 ministration to administer Social Security programs may 

14 be used for Federal Family and Medical Leave Insurance 

15 benefits or administration set forth under this Act. 

16 SEC. 7. INTERNAL REVENUE CODE PROVISIONS. 

17 (a) IN GENERAL.— 

18 (1) EMPLOYEE CONTRIBUTION.—Section 3101 

19 of the Internal Revenue Code of 1986 is amended— 

20 (A) by redesignating subsection (c) as sub21 section (d), and 

22 (B) by inserting after subsection (b) the 

23 following: 

24 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 


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1 ‘‘(1) IN GENERAL.—In addition to other taxes, 

2 there is hereby imposed on the income of every indi3 vidual a tax equal to the applicable percentage of the 

4 wages (as defined in section 3121(a)) received by the 

5 individual with respect to employment (as defined in 

6 section 3121(b)). 

7 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

8 of paragraph (1), the term ‘applicable percentage’ 

9 means 0.2 percent in the case of wages received in 

10 any calendar year.’’. 

11 (2) EMPLOYER CONTRIBUTION.—Section 3111 

12 of such Code is amended— 

13 (A) by redesignating subsections (c), (d) 

14 and (e) as subsections (d), (e), and (f) respec15 tively, and 

16 (B) by inserting after subsection (b) the 

17 following: 

18 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 

19 ‘‘(1) IN GENERAL.—In addition to other taxes, 

20 there is hereby imposed on every employer an excise 

21 tax, with respect to having individuals in his employ, 

22 equal to the applicable percentage of the wages (as 

23 defined in section 3121(a)) paid by the employer 

24 with respect to employment (as defined in section 

25 3121(b)). 


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1 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

2 of paragraph (1), the term ‘applicable percentage’ 

3 means 0.2 percent in the case of wages paid in any 

4 calendar year.’’. 

5 (3) SELF-EMPLOYMENT INCOME CONTRIBU6 TION.— 

7 (A) IN GENERAL.—Section 1401 of such 

8 Code is amended— 

9 (i) by redesignating subsection (c) as 

10 subsection (d), and 

11 (ii) by inserting after subsection (b) 

12 the following: 

13 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 

14 ‘‘(1) IN GENERAL.—In addition to other taxes, 

15 there is hereby imposed for each taxable year, on the 

16 self-employment income of every individual, a tax 

17 equal to the applicable percentage of the amount of 

18 the self-employment income for such taxable year. 

19 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

20 of paragraph (1), the term ‘applicable percentage’ 

21 means 0.4 percent in the case of self-employment in22 come in any taxable year.’’. 

23 (B) EXCLUSION OF CERTAIN NET EARN24 INGS FROM SELF-EMPLOYMENT.—Section 

25 1402(b)(1) of such Code is amended by striking 


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1 ‘‘tax imposed by section 1401(a)’’ and inserting 

2 ‘‘taxes imposed by subsections (a) and (c) of 

3 section 1401’’. 

4 (b) RAILROAD RETIREMENT TAX ACT.— 

5 (1) EMPLOYEE CONTRIBUTION.—Section 3201 

6 of such Code is amended— 

7 (A) by redesignating subsection (c) as sub8 section (d), and 

9 (B) by inserting after subsection (b) the 

10 following: 

11 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 

12 ‘‘(1) IN GENERAL.—In addition to other taxes, 

13 there is hereby imposed on the income of each em14 ployee a tax equal to the applicable percentage of 

15 the compensation received during any calendar year 

16 by such employee for services rendered by such em17 ployee. 

18 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

19 of paragraph (1), the term ‘applicable percentage’ 

20 means 0.2 percent in the case of compensation re21 ceived in any calendar year.’’. 

22 (2) EMPLOYEE REPRESENTATIVE CONTRIBU23 TION.—Section 3211 of such Code is amended— 

24 (A) by redesignating subsection (c) as sub25 section (d), and 


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1 (B) by inserting after subsection (b) the 

2 following: 

3 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 

4 ‘‘(1) IN GENERAL.—In addition to other taxes, 

5 there is hereby imposed on the income of each em6 ployee representative a tax equal to the applicable 

7 percentage of the compensation received during any 

8 calendar year by such employee representative for 

9 services rendered by such employee representative. 

10 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

11 of paragraph (1), the term ‘applicable percentage’ 

12 means 0.2 percent in the case of compensation re13 ceived in any calendar year.’’. 

14 (3) EMPLOYER CONTRIBUTION.—Section 3221 

15 of such Code is amended— 

16 (A) by redesignating subsections (c) and 

17 (d) as subsections (d) and (e), respectively, and 

18 (B) by inserting after subsection (b) the 

19 following: 

20 ‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 

21 ‘‘(1) IN GENERAL.—In addition to other taxes, 

22 there is hereby imposed on every employer an excise 

23 tax, with respect to having individuals in his employ, 

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1 tion paid during any calendar year by such employer 

2 for services rendered to such employer. 

3 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

4 of paragraph (1), the term ‘applicable percentage’ 

5 means 0.2 percent in the case of compensation paid 

6 in any calendar year.’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) Section 6413(c) of the Internal Revenue 

9 Code of 1986 is amended— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘, section 3101(c),’’ 

12 after ‘‘by section 3101(a)’’; and 

13 (ii) by striking ‘‘both’’ and inserting 

14 ‘‘each’’; and 

15 (B) in paragraph (2), by inserting ‘‘or 

16 3101(c)’’ after ‘‘3101(a)’’ each place it appears. 

17 (2) Section 15(a) of the Railroad Retirement 

18 Act of 1974 (45 U.S.C. 231n(a)) is amended by in19 serting ‘‘(other than sections 3201(c), 3211(c), and 

20 3221(c))’’ before the period at the end. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect 120 days after the date of 

23 the enactment of this Act. 


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1 SEC. 8. REGULATIONS. 

2 The Commissioner, in consultation with the Secretary 

3 of Labor, shall prescribe regulations necessary to carry out 

4 this Act. In developing such regulations, the Commissioner 

5 shall consider the input from a volunteer advisory body 

6 comprised of not more than 15 individuals, including ex7 perts in the relevant subject matter and officials charged 

8 with implementing State paid family and medical leave in9 surance programs. The Commissioner shall take such pro10 grams into account when proposing regulations. Such indi11 viduals shall be appointed as follows: 

12 (1) Five individuals to be appointed by the 

13 President. 

14 (2) Three individuals to be appointed by the 

15 majority leader of the Senate. 

16 (3) Two individuals to be appointed by the mi17 nority leader of the Senate. 

18 (4) Three individuals to be appointed by the 

19 Speaker of the House of Representatives. 

20 (5) Two individuals to be appointed by the mi21 nority leader of the House of Representatives. 

22 SEC. 9. GAO STUDY. 

23 Not later than 3 years after the date of enactment 

24 of this Act, the Comptroller General shall submit to Con25 gress a report on family and medical leave insurance bene26 fits paid under section 5 for any month during the 1-year 


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1 period beginning on January 1, 2019. The report shall in2 clude the following: 

3 (1) An identification of the total number of ap4 plications for such benefits filed for any month dur5 ing such 1-year period, and the average number of 

6 days occurring in the period beginning on the date 

7 on which such an application is received and ending 

8 on the date on which the initial determination of eli9 gibility with respect to the application is made. 

10 (2) An identification of the total number of re11 quests for review of an initial adverse determination 

12 of eligibility for such benefits made during such 1- 

13 year period, and the average number of days occur14 ring in the period beginning on the date on which 

15 such review is requested and ending on the date on 

16 which the final determination of eligibility with re17 spect to such review is made. 

18 (3) An identification of the total number of 

19 monthly benefit claim reports for such benefits filed 

20 during such 1-year period, and the average number 

21 of days occurring in the period beginning on the 

22 date on which such a claim report is received and 

23 ending on the date on which the initial determina24 tion of eligibility with respect to the claim report is 

25 made. 


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1 (4) An identification of the total number of re2 quests for review of an initial adverse determination 

3 relating to a monthly benefit claim report for such 

4 benefits made during such 1-year period, and the av5 erage number of days occurring in the period begin6 ning on the date on which such review is requested 

7 and ending on the date on which the final deter8 mination of eligibility with respect to such review is 

9 made. 

10 (5) An identification of any excessive delay in 

11 any of the periods described in paragraphs (1) 

12 through (4), and a description of the causes for such 

13 delay. 

Æ 


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