,,ii #aafth ,,congress #b;d ,session ,s4 #dcaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbj,mr4 ,whitehouse 7for himself1 ,mr4 ,reed1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide ,federal reimbursement of qualified ,state paid leave programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,paid ,leave for ,america ,now 7,,plan7 ,act4 #b4 ,federal reimbursement of qualified ,state paid leave programs 7a7 ,in general ,there are appropriated to the ,secretary of the ,treasury such sums as necessary to make payments to ,states to reimburse eligible ,state expenditures in accordance with this section4 7b7 ,eligible ,state expenditure ,for purposes of this section1 the term eligible ,state expenditure means any expenditure by a ,state-- 7#a7 made during the period beginning on ,january #bg1 #bjbj1 and ending on ,december #ca1 #bjba1 with respect to any qualified paid leave program2 and 7#b7 consisting of any of the following3 7,a7 ,the payment of benefits by the ,state under such program4 7,b7 ,subject to subsection 7d71 the reimbursement of benefits paid by a private employer or insurer-- 7i7 required to maintain such program under the law of the ,state2 or 7ii7 offering such a program on the basis of reimbursement of tax relief provided by the ,state4 7,c7 ,the administrative costs to the ,state of operating a qualified paid leave program maintained by the ,state or issuing reimbursements described in subparagraph 7,b74 7c7 ,qualified paid leave program 7#a7 ,in general ,for purposes of this section1 the term qualified paid leave program means any program maintained by a ,state1 or by a private employer or insurer required to maintain such program under the law of the ,state1 that provides paid leave benefits described in paragraph 7#b71 but only to the extent that such benefits are paid for circumstances related to ,,covid-#ai 7as determined pursuant to paragraph 7#c774 7#b7 ,applicable paid leave benefits 7,a7 ,in general ,except as provided in subparagraph 7,b71 a paid leave benefit described in this paragraph is a benefit which provides full or partial wage replacement to employees on the basis of specifically defined qualifying events defined under the law or program policy of a ,state and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted4 7,b7 ,exceptions ,a paid leave benefit described in this paragraph does not include-- 7i7 any form of accrued paid leave or any form of paid leave for which accrued paid leave is required to be substituted2 7ii7 any form of compensation paid in remedy for a workplace injury1 illness1 or death or in exchange for forfeiting any right of action against the employer for a workplace injury1 illness1 or death2 or 7iii7 any paid leave with respect to which any taxpayer is eligible for a credit under division ,g of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg74 7#c7 ,circumstances related to ,,covid-#ai ,for purposes of this section1 a benefit is paid for circumstances related to ,,covid-#ai if1 in order to be eligible for such benefit1 the recipient must be an individual who 7as determined by the qualified paid leave program under the law of the ,state7-- 7,a7 has a current or presumptive diagnosis of ,,covid-#ai from a health care provider2 7,b7 is under quarantine 7including self-imposed quarantine or self-isolation7 at the instruction of a health care provider1 employer1 or a local1 ,state1 or ,federal official-- 7i7 in order to prevent the spread of ,,covid-#ai2 or 7ii7 due to underlying health conditions that put the individual at high risk if they contract ,,covid-#ai2 7,c7 is engaged in caregiving for an individual who has a current or presumptive diagnosis of ,,covid-#ai from a health care provider or is under quarantine as described in subparagraph 7,b72 or 7,d7 meets such other circumstances related to ,,covid-#ai as the law of the ,state or the ,secretary of the ,treasury 7in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor7 may provide4 7d7 ,restriction on certain reimbursements ,a ,state may not treat an expenditure described in subsection 7b77#b7 with respect to a qualified paid leave program as an eligible ,state expenditure-- 7#a7 with respect to benefits paid by the ,state under such program as described in subparagraph 7,a7 of such subsection1 if the ,state1 during the period described in subsection 7b77#a7 or during the #f-month period immediately following such period1 restricts eligibility or reduces program benefits 7including with respect to duration of leave1 wage replacement rate1 or maximum benefits or coverage7 related to such program2 and 7#b7 with respect to benefits paid by a private employer or insurer as described in subparagraph 7,b7 of such subsection1 unless the private employer or insurer receiving reimbursement under such subsection provides assurances to the satisfaction of the ,state that-- 7,a7 the private employer or insurer has in effect procedures-- 7i7 to determine whether a benefit is paid for circumstances related to ,,covid-#ai that comply with the standard established in subsection 7c77#c72 and 7ii7 to report such determinations to the ,state2 and 7,b7 7i7 during the period described in subsection 7b77#a7 and during the #f-month period beginning on the date on which the entity receives such reimbursement from the ,state1 the private employer or insurer will not-- 7,i7 raise any premium 7if applicable7 with respect to any plan for which the private employer or insurer submitted expenditures to the ,state for reimbursement1 unless the premium increase is directly and proportionally tied to expanded or increased paid leave program benefits mandated by law or to increased utilization unrelated to circumstances related to ,,covid-#ai 7as determined pursuant to subsection 7c77#c772 or 7,,ii7 reduce any benefit 7including with respect to duration of leave1 wage replacement rate1 or maximum benefits or coverage7 with respect to any such plan2 and 7ii7 in any case in which the private employer or insurer violates clause 7i71 the private employer or insurer agrees to repay the ,state any such reimbursement received4 ,in any case in which a private employer or insurer repays any amount to a ,state pursuant to paragraph 7#b77;,b77ii71 the ,state shall repay to the ,secretary of the ,treasury such portion of payments received by the ,state under subsection 7a7 as pertain to such amount4 7e7 ,timing and procedure for payments 7#a7 ,certifications by ,states 7,a7 ,initial estimate ,not later than ,september #cj1 #bjbj1 each ,state seeking a payment under this section shall certify to the ,secretary of the ,treasury an initial estimate of the total amount of eligible ,state expenditures the ,state expects to make with respect to calendar years #bjbj and #bjba4 7,b7 ,final report ,not later than ,july #a1 #bjbc1 each such ,state shall certify a final report of the total amount of eligible ,state expenditures made with respect to such calendar years4 ,such report shall also include-- 7i7 the number of benefit claims that qualified for reimbursement1 by eligibility category and type of leave2 7ii7 the average duration of benefit receipt with respect to each such eligibility category and type of leave2 and 7iii7 any demographic information about recipients1 disaggregated by eligibility category and type of leave1 which is collected by the ,state or private employer or insurer during the application process4 ,not later than ,december #ca1 #bjbc1 the ,secretary of the ,treasury shall submit a report to ,congress providing aggregate data summarizing such final report4 ,such final report shall not include any individually identifiable information or any information which is protected by ,state or ,federal privacy law1 and nothing in this subparagraph shall be construed to require a ,state or private employer or insurer to collect any information from applicants beyond the extent information described in clause 7iii7 is collected during the application process4 7#b7 ,timing of payments ,the ,secretary of the ,treasury shall make payments under this section on a quarterly basis during calendar years #bjbj and #bjba beginning on ,december #ca1 #bjbj1 based on an amount equal to #ge percent of the initial estimates received pursuant to paragraph 7#a77;,a74 7#c7 ,reconciliation ,not later than ,september #cj1 #bjbc1 the ,secretary of the ,treasury shall reconcile with each ,state amounts paid pursuant to paragraph 7#b7 with the final report submitted by the ,state pursuant to paragraph 7#a77;,b71 and shall pay additional amounts to the ,state or collect overpayments as necessary based on the amount specified in such final report4 7f7 ,definition of ,state ,for purposes of this section1 the term ,state means any of the #ej ,states or the ,district of ,columbia4 #c4 ,study 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to examine the potential impact on the economy had a national paid leave program been in effect during and after the ,,covid-#ai pandemic4 7b7 ,report ,not later than ,december #ca1 #bjbb1 the ,comptroller ,general shall submit a report to ,congress on the results of the study under subsection 7a74