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John E

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Posts posted by John E

  1. Federal Government Considering Changes to Germany's Energy Policies

     

     

    Berlin:  Within the Grand Coalition has been discussion about a reorientation of Germany's energy policies.  While the Grand Coalition says it remains committed to a strong "Green Energy" strategy, it is considering rolling back the decision made by Chancellor Merkel to exit from nuclear energy after the Fukushima disaster in Japan.  One advisor stated that the choice may come down to continuing Germany's nuclear power production, or having to rely more on coal, which produces Co2 emissions in high quantity.  The government is considering approaching France to establish closer cooperation between France and Germany about producing nuclear power and expanding the necessary infrastructure.

     

    At the same time, it is reported that "several ministers" in the cabinet are expressing unease at Germany's dependency on natural gas from Russia, which may already be constraining Germany's freedom of action in foreign policy.  This has become a concern since the Russian de-factor invasion and annexation of parts of Ukraine in 2014.  One solution might be found in an agreement to increase natural gas imports from the United States.  This would entail another considerable infrastructure project as well, to establish a natural gas terminal capable of receiving shipments by sea.  

    • Like 1
  2. Federal Government Passes New Law Regulating Migration and Asylum

     

     

    Berlin:  The Grand Coaliton has passed a law through the Bundestag limiting the number of migrants and asylum who will be permitted to enter Germany annually.  At the recommendation of CSU leader Horst Seehofer, Chancellor Merkel and Vice Chancellor Steinmeier agreed to an annual cap of 200,000 migrants and asylum seekers.  This represents a hardening of German policy this year, as massive numbers of refugees from the civil war in Syria have been heading towards Europe.  Instead, the federal government wants to encourage establishing temporary safe havens for many refugees and migrants nearer to their own country.  This will necessitate more aid from the Federal Republic to countries such as Lebanon, Jordan and Turkey.  

     

    The new "Law for the Regulation and Integration of Asylum Seekers and Migrants" passed the Bundestag easily given the Grand Coalition's huge majority of seats.  However, 13 Social Democrats voted against the bill, and another 20 abstained, indicating divisions in the SPD.  The Green Party unanimously voted to oppose the new law, as did most of the Left Party, although 10 members of the Left Party, all associated with Sarah Wagenknecht, voted for the law.

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  3. Now that I know the game may actually get under way and have specific mechanics, I will give it a shot.

     

    Priorities:  Improve digital infrastructure which has been lagging; develop other suppliers of natural gas to lessen dependence on Russia; establish a limit on migration in cooperation with other EU states.  Strengthen the military if at all possible.

     

    I will play seriously if there is a game.

    • Like 1
  4. Senator Carlsen Speaks At National Democratic Fundraiser in Los Angeles

     

     

     

    Los Angeles, CA:  Democratic Senator John Carlsen of Indiana ventured out to the West Coast to support the National Democratic Fundraiser in Los Angeles.  His remarks focused on supporting the agenda of President Doug Murphy, and of emphasizing that he and other moderates share many of the same goals with progressive Democrats.  He also slammed the Republican Party for its poor conduct over the last two years:

     

    ------------------------------------------

    My friends,

     

    I am John Carlsen, Democratic Senator from Indiana, which may seem like an oxymoron to many, but I see myself as heir to a proud tradition including great Democratic Senators and Governors from:  Birch and Evan Bayh, Roger Brannigan, Frank O'Bannon, and our great governor today.

     

    I come to you as someone who may not always be loved by the most progressive among you, but I am someone who is committed to progress:  progress for our laborers, progress for our families, and progress for our people.

     

    If we are to achieve higher wages, including a higher minimum wage, for our workers, there is no alternative but to support the President's program.

     

    If we are to truly support children and families, we will support the President's program, something he set out so convincingly in his speech in Saint Louis.

     

    If we are to continue our country's best policy of peace through strength, we will support our President's foreign policy.  Under his leadership, Islamic extremism is being driven back in Iraq, and will soon be consigned to irrelevance.  Just like President Obama before him, who finally got rid of Osama Bin Laden, President Murphy is doing what Republicans say they want.  They talk.  They complain.  We do.  We succeed.  It's that simple.

     

    If we are to achieve meaningful border security, we will eschew the frantic racism of the Jason Roy wing of the Republican Party, and trust in our President and in good men like Diego Everhart, the Senate Majority Leader.

     

    We have already achieved so much:  finally, after 18 months of the most disgraceful obstruction and character assassination against Supreme Court nominees by the other party, we have a full Supreme Court bench, and the new Justice Jackson will do us proud.

     

    We have also passed job retraining and anti-sourcing measures, to which I claim partial credit, with all modesty.

     

    While we may not agree on every single point of policy, we are all committed to respecting one another and learning from one another.  We have shown leadership to the American people.  What have Republicans shown our people?  Negativity.  Racism.  Selfishness.  Infighting.  Backstabbing.  Self-promotion and self-sabotage.

     

    We Democrats, across the spectrum, are achieving a better America for all of our people, and we continue to strive for progress.  I am proud to support our President tonight.  

     

    Thank you.

    -------------------------------------------------

  5. Name:   Senator John Carlsen (D-IN)

    Media/Outlet:  CBS Face the Nation

    Reason:  Comprehensive Immigration Reform

     

    • Well, here we go again:  on the Senate comes another attempt by a Republican member to add extraneous amendments to a solid bill.  While the bill itself does not concern immigration, well, bless their hearts, Republicans continue trotting out the same old, same old.
    • Honestly, I've gotten kind of sick of it.  Don't get me wrong:  I am a strong believer in border security, and I hope there will be a bipartisan agreement coming soon that improves border security.But today's Republican Party emphasizes fear, veiled and not-so-veiled racism, and incessant negativity.  Instead of welcoming immigrants as an opportunity for our country, they see only problems.
    • What a change that is from their last several Presidents!  Every Republican President since Ronald Reagan has supported comprehensive immigration reform, which of necessity includes a path to legalization for some people here who are currently of illegal status.  Today's Republican Party says nothing but "no."
    • My question is, when did they turn away from the optimistic, opportunity-oriented philosophy of the recent past, and decide that America is too weak and feeble to allow for robust immigration?  
    • Again, I support border security.  But I feel that at this time, someone has to take a stand against the relentless negativism towards non-citizens, the smallness and meanness of vision of too many Republicans today.  Immigration is not a bad thing, and we are a strong enough country to grant legal status to some of those people who are here illegally.
  6. My friends,

     

    I am John Carlsen, Democratic Senator from Indiana, which may seem like an oxymoron to many, but I see myself as heir to a proud tradition including great Democratic Senators and Governors from:  Birch and Evan Bayh, Roger Brannigan, Frank O'Bannon, and our great governor today.

     

    I come to you as someone who may not always be loved by the most progressive among you, but I am someone who is committed to progress:  progress for our laborers, progress for our families, and progress for our people.

     

    If we are to achieve higher wages, including a higher minimum wage, for our workers, there is no alternative but to support the President's program.

     

    If we are to truly support children and families, we will support the President's program, something he set out so convincingly in his speech in Saint Louis.

     

    If we are to continue our country's best policy of peace through strength, we will support our President's foreign policy.  Under his leadership, Islamic extremism is being driven back in Iraq, and will soon be consigned to irrelevance.  Just like President Obama before him, who finally got rid of Osama Bin Laden, President Murphy is doing what Republicans say they want.  They talk.  They complain.  We do.  We succeed.  It's that simple.

     

    If we are to achieve meaningful border security, we will eschew the frantic racism of the Jason Roy wing of the Republican Party, and trust in our President and in good men like Diego Everhart, the Senate Majority Leader.

     

    We have already achieved so much:  finally, after 18 months of the most disgraceful obstruction and character assassination against Supreme Court nominees by the other party, we have a full Supreme Court bench, and the new Justice Jackson will do us proud.

     

    We have also passed job retraining and anti-sourcing measures, to which I claim partial credit, with all modesty.

     

    While we may not agree on every single point of policy, we are all committed to respecting one another and learning from one another.  We have shown leadership to the American people.  What have Republicans shown our people?  Negativity.  Racism.  Selfishness.  Infighting.  Backstabbing.  Self-promotion and self-sabotage.

     

    We Democrats, across the spectrum, are achieving a better America for all of our people, and we continue to strive for progress.  I am proud to support our President tonight.  

     

    Thank you.

  7. Mr. CARLSEN, Mr. EVERHART, introduce, for themselves, on behalf of the President of the United States and Vice President of the United States, with thanks to Ms. DeLauro,  introduce

     

    A BILL

     

    To provide for paid leave in the event of specific life events in families

     

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

     

    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Invest in Families Act".

     

    SECTION 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, or spouse 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 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.

    (III) 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.

    (IV) 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)).

    (V) 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.

    (VI) 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)).

    (VII) 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.

     

    SECTION 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).

     

    SECTION 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.

     

    SECTION 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.

     

    SECTION 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.

     

    SECTION 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.

     

    SECTION 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.

     

    PES:

    "Gives eligible workers access to paid leave for all existing FMLA purposes, and adds recovering or seeking assistance related to domestic violence, stalking or sexual assault. Provides paid leave for up to 12 weeks and does not include a waiting period - benefits are payable immediately. Expands the definition of “family” to include blood or affinity. Businesses can “top up” wages or duration if they so choose. Would enable the lowest-paid workers to earn up to 85% of their normal wages, with the typical full-time worker earning around two-thirds of their wages. The benefit would be paid for by a 0.2 percent payroll tax on employers and employees, based on the Medicare taxable wage base. The benefit would be administered through a new Office of Paid Family and Medical Leave within the Social Security Administration." -Source

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