SEC. 105. PROHIBITED ACTS BY EMPLOYER. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any employer to interfere with, restrain, or deny 
the exercise of or the attempt to exercise, any right pro-
vided under this title. 
(b) DISCRIMINATION.—It shall be unlawful for any 
employer to discharge or in any other manner discriminate 
against any individual for opposing any practice made un-
lawful by this title. 
(c) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against any individual 
because such individual— 
(1) has filed any charge, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this title; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this title; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this title. 
SEC. 106. ENFORCEMENT. 
(a) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—Any employer who violates sec-
tion 106 shall be liable to any eligible employee af-
fected— 
(A) for damages equal to— 
(i) the amount of— 
(I) any wages, salary, employ-
ment benefits, or other compensation 
denied or lost to such employee by 
reason of the violation; or 
(II) in a case in which wages, 
salary, employment benefits, or other 
compensation have not been denied or 
lost to the employee, any actual mone-
tary losses sustained by the employee 
as a direct result of the violation, such 
as the cost of providing care, up to a 
sum equal to 12 weeks of wages or 
salary for the employee; 
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and 
(iii) an additional amount as liq-
uidated damages equal to the sum of the 
amount described in clause (i) and the in-
terest described in clause (ii), except that
if an employer who has violated section 
106 proves to the satisfaction of the court 
that the act or omission which violated the 
such subsection was in good faith and that 
the employer had reasonable grounds for 
believing that the act or omission was not 
a violation of such subsection, such court 
may, in the discretion of the court, reduce 
the amount of the liability to the amount 
and interest determined under clauses (i) 
and (ii), respectively; and 
(B) for such equitable relief as may be ap-
propriate, including employment, reinstatement, 
and promotion. 
(2) RIGHT OF ACTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action to recover the 
damages or equitable relief prescribed in para-
graph (1) may be maintained against any em-
ployer (including a public agency) in any Fed-
eral or State court of competent jurisdiction by 
any one or more employees for and on behalf 
of— 
(i) the employees; or
(ii) the employees and other employ-
ees similarly situated. 
(B) LIMITATION.—The right provided by 
subparagraph (A) to bring an action by or on 
behalf of any employee shall terminate— 
(i) on the filing of a complaint by the 
Secretary in an action under subsection 
(b)(3) in which restraint is sought of any 
further delay in the payment of the 
amount described in paragraph (1)(A) to 
such employee by an employer responsible 
under paragraph (1) for the payment; or 
(ii) on the filing of a complaint by the 
Secretary in an action under paragraphs 
(1) or (2) of subsection (b) in which a re-
covery is sought of the damages described 
in paragraph (1)(A) owing to an eligible 
employee by an employer liable under para-
graph (1), 
unless the action described in clauses (i) or (ii) 
is dismissed without prejudice on motion of the 
Secretary. 
(3) FEES AND COSTS.—The court in an action 
brought under this subsection shall, in addition to 
any judgment awarded to the plaintiff, allow a rea-
sonable attorney’s fee, reasonable expert witness 
fees, and other costs of the action to be paid by the 
defendant. 
(b) ACTIONS BY THE SECRETARY.— 
(1) ADMINISTRATIVE
ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve 
complaints of violations of section 106 in the same 
manner that the Secretary receives, investigates, and 
attempts to resolve complaints of violations of sec-
tions 6 and 7 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206 and 207). 
(2) CIVIL ACTION.— 
(A) RIGHT
OF
ACTION.—The Secretary 
may bring an action in any court of competent 
jurisdiction to recover the damages described in 
paragraph (1)(A). 
(B) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to this para-
graph shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee affected. Any such sums 
not paid to an employee because of inability to 
do so within a period of 3 years shall be depos-
ited into the Treasury of the United States as 
miscellaneous receipts.
(3) ACTION
FOR
INJUNCTION
BY
THE
SEC-
RETARY.—The district courts of the United States 
shall have jurisdiction, for cause shown, in an action 
brought by the Secretary— 
(A) to restrain violations of prohibited acts 
section, including the restraint of any with-
holding of payment of wages, salary, employ-
ment benefits, or other compensation, plus in-
terest, found by the court to be due to eligible 
employees; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(4) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under this subsection. 
(c) LIMITATION.— 
(1) Except as provided in paragraph (2), an ac-
tion may be brought under subsections (a) or (b) not 
later than 2 years after the date of the last event 
constituting the alleged violation for which the ac-
tion is brought. 
(2) WILLFUL VIOLATION.—In the case of such 
action brought for a willful violation of section 106, 
such action may be brought within 3 years of the
date of the last event constituting the alleged viola-
tion for which such action is brought. 
(3) COMMENCEMENT.—In determining when an 
action is commenced for the purposes of this sub-
section, it shall be considered to be commenced on 
the date when the complaint is filed. 
(d) FALSE STATEMENTS.—If the Secretary finds 
that any individual falsely certifies the medical condition 
of any person in order to obtain family and medical insur-
ance benefits under this title with the intent to defraud, 
whether for the maker or for any other person, the Sec-
retary shall assess a penalty against the individual in an 
amount up to 100 percent of the benefits paid as a result 
of the false certification. Penalties collected under this sec-
tion shall be deposited in the Trust Fund, notwithstanding 
the provisions of title 31, United States Code. 
(e) INVESTIGATIVE AUTHORITY.— 
(1) IN GENERAL.—To ensure compliance with 
the provisions of this title, or any regulation or order 
issued under this title, the Secretary shall have, sub-
ject to paragraph (3), the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)). 
(2) OBLIGATION
TO
KEEP
AND
PRESERVE 
RECORDS.—Any employer shall make, keep, and pre-
serve records pertaining to compliance with this title 
in accordance with section 11(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(c)) and in 
accordance with regulations issued by the Secretary. 
(3) REQUIRED SUBMISSIONS GENERALLY LIM-
ITED TO AN ANNUAL BASIS.—The Secretary shall 
not under the authority of this subsection require 
any employer or any plan, fund, or program to sub-
mit to the Secretary any books or records more than 
once during any 12-month period, unless the Sec-
retary has reasonable cause to believe there may 
exist a violation of this title or any regulation or 
order issued pursuant to this title, or is investigating 
a charge pursuant to paragraph (2). 
(4) SUBPOENA POWER.—For the purposes of 
any investigation provided for in this section, the 
Secretary shall have the subpoena authority provided 
for under section 9 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 209). 
SEC. 107. CRIMINAL PENALTIES. 
Whoever— 
(1) makes or causes to be made any false state-
ment in support of an application for benefits under 
this title;
(2) knowingly presents or causes to be pre-
sented any false written or oral material statement 
in support of any claim for benefits under this title; 
(3) knowingly solicits, receives, offers, pays, or 
accepts any rebate, refund, commission, preference, 
patronage, dividend, discount, or other consider-
ation, whether in the form of money or otherwise, as 
compensation or inducement for soliciting a claimant 
to apply for benefits under this title, except to the 
extent authorized by a law of the United States; or 
(4) knowingly assists, abets, solicits, or con-
spires with any person who engages in an act that 
is prohibited under paragraph (1), (2), or (3), 
shall be guilty of a felony and upon conviction shall be 
fined under title 18, United States Code, or imprisoned 
for not more than 5 years, or both. 
SEC. 108. EDUCATION PROGRAMS. 
(a) AUTHORITY.—The Secretary shall develop and 
maintain a program of education concerning the paid fam-
ily medical and insurance rights and benefits under this 
title. 
(b) NOTICE TO EMPLOYERS.—The Secretary shall 
provide to each employer of employees subject to this title 
a notice informing employees of their family and medical 
insurance rights and benefits under this title. The notice
shall be given by every employer to each new employee 
hired, and to each employee leaving work under the al-
lowed circumstances of this title. 
SEC. 109. EFFECTIVE DATE. 
This title shall take effect on January 1, 2006, and 
shall apply to periods of leave that commence on or after 
January 1, 2008. 
TITLE II—FAMILY AND MEDICAL 
LEAVE TRUST FUND 
SEC. 201. ESTABLISHMENT. 
(a) IN GENERAL.—There is created in the Treasury 
of the United States a trust fund to be known as the Fam-
ily and Medical Leave Trust Fund. The Trust Fund shall 
consist of such amounts as may be deposited in, or appro-
priated to, such fund as provided in this section. 
(b) APPROPRIATIONS TO TRUST FUND.— 
(1) AMOUNTS APPROPRIATED.—There is appro-
priated to the Trust Fund for fiscal year 2006 and 
each fiscal year thereafter, out of any moneys in the 
Treasury not otherwise appropriated, amounts equiv-
alent to 100 percent of— 
(A) the taxes imposed by section 3111(c) 
of the Internal Revenue Code of 1986 with re-
spect to wages (as defined in section 3121 of 
such Code) reported to the Secretary of the