or provided through a multiemployer plan) 
as described in subsection (d); and 
(ii) the full cost to the State of ad-
ministering 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 Commis-
sioner 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 ad-
justed 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 pro-
vides 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 
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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 fam-
ily and medical leave benefits (which may be paid di-
rectly 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 eli-
gible 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 pro-
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gram 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 ‘‘cov-
ered 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 med-
ical benefits under the State law of a State, as described 
in paragraph (1) or (3) of subsection (b), during any pe-
riod 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 para-
graph (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 
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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 di-
rectly, under a contract with an insurer, or provided 
through a multiemployer plan) in a legacy State pur-
suant 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 dis-
tribute 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 indi-
viduals who received a paid leave benefit under a 
State law described in paragraph (1) or (3) of sub-
section (b), including— 
(A) each individual’s name; 
(B) information to establish the individ-
ual’s identity; 
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(C) dates for which such paid leave bene-
fits were paid; 
(D) the amount of such paid leave benefit; 
and 
(E) to the extent available, such other in-
formation concerning such individuals as nec-
essary for the purpose of carrying out this sec-
tion and section 2(5)(C); 
(2) not later than July 1 of such calendar year, 
the amount needed to adjust payments as described 
in subsection (a)(2) for the calendar year preceding 
such calendar year; and 
(3) such other information as needed to deter-
mine compliance with grant requirements. 
SEC. 6. 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 ex-
perts in the relevant subject matter and officials charged 
with implementing State paid family and medical leave in-
surance programs. The Commissioner shall take such pro-
grams into account when proposing regulations. Such indi-
viduals shall be appointed as follows: 
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(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 mi-
nority 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 mi-
nority leader of the House of Representatives. 
SEC. 7. GAO STUDY. 
(a) STUDY.—As soon as practicable after calendar 
year 2026, and every 5 years thereafter, 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 covered period. The report shall in-
clude the following: 
(1) An identification of the total number of ap-
plications for such benefits filed for any month dur-
ing the covered 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 eli-
gibility with respect to the application is made. 
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(5) An identification of any excessive delay in 
any of the periods described in paragraphs (1) 
through (4), including— 
(A) a description of the causes for such 
delay; or 
(B) information any correlation in such 
delay to claimant demographics, industry sec-
tor, or qualifying reason. 
(6) An identification of any additional data that 
needs to be collected as part of the application proc-
ess for benefits to produce the report required under 
this section. 
(b) COVERED PERIOD.—In this section, the term 
‘‘covered period’’ means— 
(1) with respect to the report due as soon as 
practicable after calendar year 2026, such calendar 
year; and 
(2) with respect to the report due every 5 years 
thereafter, the 5-calendar year period ending on De-
cember 31 of the year prior to the year in which 
such report is due. 
Æ 
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