,i #aaith ,,congress #ast ,session ,h4 ,r4 #cjij ,,in ,,the ,,house ,,of ,,representatives ,april #cj1 #bjbe,ms4 ,houlahan 7for herself1 ,mrs4 ,bice1 ,ms4 ,letlow1 ,ms4 ,stevens1 ,mrs4 ,miller-,meeks1 ,mr4 ,gomez1 ,mr4 ,feenstra1 and ,mr4 ,beyer7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce ,a ,,bill ,to establish the ,interstate ,paid ,leave ,action ,network to provide support and incentives for the development and adoption of an interstate agreement that facilitates streamlined benefit delivery1 reduced administrative burden1 and coordination and harmonization of ,state paid family and medical leave programs to benefit employees1 ,states1 and employers4 #a4 ,short title ,this ,act may be cited as the ,interstate ,paid ,leave ,action ,network ,act of #bjbe or ,i-,,plan ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,,bls ,the term ,,bls means the ,bureau of ,labor ,statistics4 7#b7 ,employer-provided paid family and medical leave plan ,the terms employer-provided paid family and medical leave plan and employer plan mean a plan that-- 7,a7 is provided by an employer to the employees of such employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan72 7,b7 is an option for an employer within the structure of a ,state paid family and medical leave program in such ,state2 and 7,c7 meets or exceeds the requirements of the ,state paid family and medical leave program of the ,state in which such employee is employed4 7#c7 ,i-,,plan ,the term ,i-,,plan means the ,interstate ,paid ,leave ,action ,network established in section #c7;a74 7#d7 ,i-,,plan agreement ,the term ,i-,,plan ,agreement means the interstate agreement produced pursuant to section #c7;b74 7#e7 ,national intermediary ,the term national intermediary means a national nongovernmental workforce organization that has extensive experience partnering with the ,department of ,labor to operate interstate technological systems and the electronic transmission of information and data for ,state workforce agencies and employers4 7#f7 ,paid leave ,the term paid leave means an increment of compensated leave that is provided1 in the case of a ,state program1 by such ,state or1 in the case of an employer plan1 by such employer for use during a period in which such individual is not working due to a qualifying reason4 7#g7 ,qualifying reason ,the term qualifying reason means1 in relation to an individual1 a reason described in subparagraphs 7,a7 through 7,d7 of section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a77 7applied for purposes of this paragraph as if the individual involved were the employee referred to in such section74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#i7 ,state focal ,the term ,state focal means1 with respect to a ,state1 an individual-- 7,a7 designated by the ,state agency in charge of such ,state's paid family and medical leave program to-- 7i7 participate in the ,i-,,plan2 7ii7 lead such ,state's efforts to adopt and implement the ,i-,,plan ,agreement2 and 7iii7 communicate with key paid leave stakeholders across the ,state2 and 7,b7 who-- 7i7 is employed by such ,state's paid family and medical leave program2 and 7ii7 has knowledge1 experience1 and authority in paid leave matters4 7#aj7 ,state paid family and medical leave program ,the terms ,state paid family and medical leave program and ,state program mean a program under ,state law that provides1 during any #bd-month period1 a total of not less than #f weeks of paid leave to individuals-- 7,a7 for each qualifying reason2 and 7,b7 in aggregate4 #c4 ,interstate ,paid ,leave ,action ,network 7a7 ,in general 7#a7 ,establishment ,there is established an ,interstate ,paid ,leave ,action ,network the purpose of which is to provide support and incentives for the development and adoption of an interstate agreement in accordance with this ,act to benefit employees1 ,states1 and employers by-- 7,a7 facilitating streamlined benefit delivery2 7,b7 reducing administrative burden2 and 7,c7 coordinating and harmonizing ,state programs4 7#b7 ,membership ,the ,i-,,plan shall include a ,state focal from each ,state receiving a conforming grant under section #e7;a74 7#c7 ,meetings ,the ,i-,,plan shall meet not less than #c times in each calendar year4 7#d7 ,processes 7,a7 ,certification ,states shall certify to the ,secretary their participation in the ,i-,,plan4 7,b7 ,procedures ,state focals may determine1 in coordination with the ,secretary1 the process for the following3 7i7 the order in which ,states approach the substance of each ,i-,,plan requirement2 7ii7 the process by which ,states reach consensus on such substance and agree to the ,i-,,plan ,agreement2 7iii7 the process by which a ,state may leave the ,i-,,plan2 and 7iv7 other processes relevant to the success and administration of the ,i-,,plan as the ,secretary determines4 7#e7 ,roadmap ,the ,i-,,plan shall develop1 and annually update1 a roadmap for developing and implementing the interstate agreement described in subsection 7b7 including metrics for success4 7b7 ,duties ,the duty of the ,i-,,plan shall be to produce an interstate agreement into which ,states offering a ,state paid family and medical leave program may enter and to periodically update such agreement as necessary to improve clarity and scope4 ,such agreement shall be publicly available and pursue each of the following requirements3 7#a7 ,policy standard ,create a single policy standard with respect to all participating ,states to facilitate easier compliance with and understanding of paid leave programs across ,states1 including definitions for the following3 7,a7 ,benefit day1 week1 and year4 7,b7 ,base period4 7,c7 ,intermittent and reduced schedule leave4 7,d7 ,place of performance4 7,e7 ,family members4 7,f7 ,employee eligibility4 7,g7 ,employee coverage4 7,h7 ,waiting period4 7,i7 ,covered wage4 7#b7 ,administrative standard ,create a single administrative standard with respect to all participating ,states to facilitate easier compliance with and understanding of paid leave programs across ,states1 including-- 7,a7 the process by which employers respond to requests from ,states to verify and provide employee information for eligibility determinations1 including wages and work history2 7,b7 the process by which employers provide periodic and permanent notice of the availability of paid leave under a ,state program or employer plan to employees2 7,c7 employees' responsibility to provide notices of leave to their employers2 7,d7 timing of and process for collecting payroll contributions2 7,e7 coordinating with other types of paid time off and leaves of absence2 7,f7 continuing other benefits2 7,g7 accessing employee leave information2 7,h7 protecting personal information2 7,i7 creating and updating written leave materials such as handbooks2 7,j7 maintaining records and documentation2 and 7,k7 if a ,state program permits employers to elect to provide employer plans1 facilitating such election1 including by creating a single equivalency standard with respect to all participating ,states to determine whether the maximum monetary value of an employer plan for the average weekly wage of workers in the ,state for total covered establishments in all industries 7based on the most recent calendar year for which data are available from the ,quarterly ,census of ,employment and ,wages program of the ,,bls7 is greater than or equal to the maximum monetary value of a ,state program 7or that of multiple ,states71 taking into account programmatic elements such as-- 7i7 how benefit duration1 wage replacement1 absence of a weekly benefit cap1 absence of a waiting week1 and other factors interact in a quantitative manner2 and 7ii7 how an individual taking paid family and medical leave for a qualifying reason affects the ability of such individual to take paid family and medical leave for another qualifying reason4 7#c7 ,coordination of benefits across ,state programs ,create a single process for ,state programs to process claims for an individual who has work history across multiple participating ,states so that a single ,state program may provide benefits to such individual on the basis of all such work history4 #d4 ,national intermediary to support the ,interstate ,paid ,leave ,action ,network 7a7 ,authority ,to make grants ,subject to the availability of appropriations under section #f7;a71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall award a grant to one national intermediary to facilitate the activities of the ,i-,,plan4 7b7 ,use of funds ,a national intermediary awarded a grant under subsection 7a7 shall use funds for the costs related to each of the following3 7#a7 ,meetings ,meeting activities1 including-- 7,a7 convening the ,state focals as described in section #c7;a77#c71 including reasonable travel1 transportation1 and other expenses of ,state focals and staff of the national intermediary 7and any necessary accompanying ,state personnel72 7,b7 making publicly available information on the agendas and outcomes of such meetings2 and 7,c7 7i7 not later than #ab months after the date of enactment of this ,act1 making publicly available the roadmap described under section #c7;a77#e72 and 7ii7 making any updates to such roadmap publicly available4 7#b7 ,annual report ,producing and making publicly available on an annual basis a report that compares ,state programs1 including information on-- 7,a7 benefit eligibility2 7,b7 the maximum number of weeks an eligible employee is allowed to receive benefits-- 7i7 for each qualifying reason2 and 7ii7 in aggregate2 7,c7 wage replacement rate and how that may vary based on prior earnings2 7,d7 maximum weekly benefit amount2 7,e7 how such programs are financed by employees and employers1 including the payroll tax rate and amount of wages subject to tax2 7,f7 whether and how such programs allow employers to provide employer plans1 taking into consideration elements such as-- 7i7 benefit payment timeliness2 and 7ii7 employer and employee administrative complexity2 7,g7 whether and how such programs coordinate with other types of paid-time off and leaves of absence2 7,h7 the reasons1 including qualifying reasons1 under which an individual is eligible to take paid family and medical leave2 and 7,i7 other activities essential for the success1 effectiveness1 and sustainability of the ,i-,,plan4 7#c7 ,outreach and coordination ,engagement1 consulting1 and gathering relevant information in coordination with ,i-,,plan ,states from a wide range of external stakeholders1 including-- 7,a7 ,state legislatures2 7,b7 ,governors2 7,c7 employees2 7,d7 representatives of employers1 including-- 7i7 employers with employees in multiple ,states2 and 7ii7 employers with fewer than #ej employees2 7,e7 self-employed individuals2 7,f7 policy experts and other organizations with expertise on paid leave and unemployment compensation programs2 and 7,g7 ,tribal governments4 7#d7 ,standardized and interoperable technology system for wages ,providing a standardized technology-based system to facilitate ,states' ability to carry out the ,i-,,plan ,agreement1 allowing ,states to process interstate claims and strengthen program integrity1 that-- 7,a7 adopts or leverages modular technology that-- 7i7 ensures privacy1 security1 and prompt data availability2 7ii7 enhances and streamlines the claimant1 employer1 and participating ,state experience2 and 7iii7 is interoperable with other relevant ,state systems2 and 7,b7 permits ,states to report on1 to the extent reasonable and technologically feasible1 and disaggregated by qualifying reason1 on trends such as-- 7i7 the number of initial and continued benefit claims2 7ii7 average duration of benefits2 7iii7 average weekly benefit amount2 7iv7 average time between filing a claim and receiving an initial benefit payment2 and 7v7 the accuracy of benefit payment amounts4 7#e7 ,additional uses ,additional activities1 including-- 7,a7 hiring and compensating staff2 7,b7 formulating guidance1 recommendations1 and best practices for ,states2 7,c7 providing training on program administration2 7,d7 providing technical assistance to ,states2 and 7,e7 creating or leveraging technology essential for the success and effectiveness of the ,i-,,plan4 7c7 ,duration of award 7#a7 ,in general ,subject to paragraph 7#b71 the period during which payments are made to an entity from an award of a grant under subsection 7a7 shall be #e years4 7#b7 ,compliance ,the ,secretary shall annually evaluate whether the national intermediary is complying with the requirements of this ,act and1 if the ,secretary determines that the national intermediary is not so complying1 shall withhold any payment or part of the payment to the national intermediary under this section for the following fiscal year unless and until the ,secretary determines the national intermediary has remedied such compliance issue4 7d7 ,national intermediary oversight ,the ,secretary shall-- 7#a7 monitor the national intermediary to ensure compliance with the requirements of this ,act2 7#b7 provide technical assistance to assist the national intermediary with such compliance2 and 7#c7 require regular reports on the performance of the national intermediary1 including on the roadmap under section #c7;a77#e71 the use of funds under section #d7;b71 and other methods of evaluation4 #e4 ,grants to eligible ,states 7a7 ,conforming grants 7#a7 ,in general 7,a7 ,authority to make grants ,subject to the availability of appropriations under section #f7;b71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall1 on an annual basis1 make a conforming grant to each eligible ,state4 7,b7 ,amount of grant 7i7 ,in general ,a grant to an eligible ,state under this subsection shall be-- 7,i7 not less than #a1ejj1jjj and not more than #h1jjj1jjj2 and 7,,ii7 subject to subclause 7,i71 awarded on the basis of the relative annual level of employment 7as published by the ,current ,employment ,statistics program of the ,,bls7 of the eligible ,state1 compared to the annual level of employment in all eligible ,states4 7ii7 ,adjustment ,the amounts specified in clause 7i7 shall be ratably increased or decreased to the extent that funds available under section #f7;b7 exceed or are less than 7respectively7 the amount required to provide the amounts specified in clause 7i74 7#b7 ,eligible ,states 7,a7 ,in general ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall-- 7i7 have a ,state focal2 and 7ii7 participate in the ,i-,,plan in good faith4 7,b7 ,good faith requirement 7i7 ,withholding ,if the ,secretary1 in consultation with the national intermediary awarded the grant under section #d7;a71 determines that a ,state is not participating in the ,i-,,plan in good faith1 the ,secretary-- 7,i7 shall provide warning and feedback to ,states in a prompt manner2 and 7,,ii7 if1 six months after the date on which the ,secretary provides such warning and feedback1 the ,secretary determines such ,state continues not to participate in the ,i-,,plan in good faith1 the ,secretary may elect to withhold a portion or the total amount of a grant under paragraph 7#a7 to such ,state4 7ii7 ,restoration ,if the ,secretary elects to withhold an amount from a ,state under clause 7i77,,ii71 the ,secretary may later elect to provide the amount so withheld to such ,state if the ,secretary later determines that such ,state is participating in good faith4 7b7 ,implementation grants 7#a7 ,in general 7,a7 ,authority to make grants ,subject to the availability of appropriations under section #f7;c71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall1 on an annual basis1 make an implementation grant to each eligible ,state4 7,b7 ,amount of grant 7i7 ,in general ,a grant to an eligible ,state under this subsection shall be-- 7,i7 not less than #a1ejj1jjj and not more than #h1jjj1jjj2 and 7,,ii7 subject to subclause 7,i71 awarded on the basis of the relative annual level of employment 7as published by ,current ,employment ,statistics program of the ,,bls7 of the eligible ,state1 compared to the annual level of employment in all eligible ,states4 7ii7 ,adjustment ,the amounts specified in clause 7i7 shall be ratably increased or decreased to the extent that funds available under section #f7;c7 exceed or are less than 7respectively7 the amount required to provide the amounts specified in clause 7i74 7#b7 ,eligibility 7,a7 ,in general ,subject to subparagraph 7,b71 to be eligible to receive a grant under paragraph 7#a71 a ,state shall-- 7i7 meet the requirements of subsection 7a77#b77;,a72 and 7ii7 have entered into the ,i-,,plan ,agreement4 7,b7 ,limitation ,a ,state described in subparagraph 7,a7 shall be ineligible to receive a grant for any fiscal year beginning after the date that is #d years after the date on which such ,state enters into the ,i-,,plan ,agreement in which such ,state does not meet the requirements of such ,agreement4 7c7 ,use of funds ,a ,state may use grants received under this section-- 7#a7 to help pay administrative costs1 including costs related to-- 7,a7 customer service2 7,b7 staffing and training2 7,c7 technology2 7,d7 data sharing2 7,e7 identity validation2 and 7,f7 program awareness2 and 7#b7 to help small businesses1 as defined by the ,state1 afford employer payroll contributions or access other forms of technical and operational assistance related to ,state paid family and medical leave4 #f4 ,authorization of appropriations 7a7 ,national intermediary grant ,there are authorized to be appropriated not more than #aj1jjj1jjj for the purposes of section #d for each of fiscal years #bjbf through #bjbh4 7b7 ,conforming grants ,there are authorized to be appropriated not more than #dj1jjj1jjj for the purposes of section #e7;a7 for each of fiscal years #bjbf through #bjbh4 7c7 ,implementation grants ,there are authorized to be appropriated not more than #dj1jjj1jjj for the purposes of section #e7;b7 for each of fiscal years #bjbf through #bjbh4