administrative costs related to processing and paying 
such benefits. 
(D) Amounts received by the Secretary under 
this paragraph shall be deposited in the Insurance 
Fund. 
(8) The amount of deductions from the wages 
of an employee that is in effect for the plan shall not 
be increased on any date other than on the date of 
an anniversary of the effective date of the plan. 
(c) ORDERS AND WITHDRAWAL OF APPROVAL.—If 
the Secretary finds that a voluntary plan employer is not 
paying voluntary paid benefits required under the vol-
untary plan to the employees under the plan, the Secretary 
may order the employer to make the payments. If the Sec-
retary finds that a voluntary plan employer is not com-
plying with the provisions of the plan, including by not 
paying voluntary paid benefits required under the plan, 
the Secretary may revoke the Secretary’s approval for the 
plan, and require the employer to participate in the Pro-
gram. 
SEC. 115. ADDITIONAL BENEFITS. 
(a) ADDITIONAL EMPLOYER BENEFITS.— 
(1) COVERED
EMPLOYERS.—Nothing in this 
part shall be construed to discourage a covered em-
ployer from providing an additional benefit in con-
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junction with leave described in section 113(a) to an 
eligible employee, in addition to the leave benefit 
provided to that employee. The additional employer 
benefit shall not reduce the amount of the leave ben-
efit that an eligible employee receives under this 
part. 
(2) VOLUNTARY
PLAN
EMPLOYERS.—Nothing 
in this part shall be construed to discourage a vol-
untary plan employer from providing an additional 
benefit in conjunction with leave described in section 
113(a) to an employee, in addition to the voluntary 
paid benefit provided to that employee. The addi-
tional employer benefit shall not reduce the amount 
of the voluntary paid benefit that an employee re-
ceives under a voluntary plan described in section 
114. 
(b) COLLECTIVE BARGAINING.— 
(1) MORE PROTECTIVE.—Nothing in this part 
shall be construed to diminish the obligation of a 
covered employer or voluntary plan employer to com-
ply with any collective bargaining agreement or any 
employment benefit program or plan that provides 
greater paid leave rights to employees than the 
rights established under this part (including rights 
established under a plan described in section 114). 
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(2) LESS PROTECTIVE.—The rights established 
for employees under this part (including rights es-
tablished under a plan described in section 114) 
shall not be diminished by any collective bargaining 
agreement or any employment benefit program or 
plan. 
SEC. 116. PROHIBITED ACTS BY EMPLOYER. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any covered employer to interfere with, restrain, 
or deny the exercise of or the attempt to exercise, any 
right provided under this part. 
(b) DISCRIMINATION.—It shall be unlawful for any 
covered employer to discharge or in any other manner dis-
criminate against any individual for opposing any practice 
made unlawful by this part. 
(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 part; 
(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 part; or 
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(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this part. 
SEC. 117. ENFORCEMENT. 
(a) CIVIL ACTION BY EMPLOYEES.— 
(1) LIABILITY.—Any covered employer who vio-
lates section 116 shall be liable to any eligible em-
ployee affected— 
(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 8 weeks of wages or sal-
ary for the employee; 
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(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 a covered employer who has violated sec-
tion 116 proves to the satisfaction of the 
court that the act or omission which vio-
lated section 116 was in good faith and 
that the employer had reasonable grounds 
for believing that the act or omission was 
not a violation of section 116, 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-
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graph (1) may be maintained against any cov-
ered employer (including a public agency) in 
any Federal or State court of competent juris-
diction by any 1 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 paragraph (1) 
or (2) of subsection (b) in which a recovery 
is sought of the damages described in 
paragraph (1)(A) owing to an eligible em-
ployee by an employer liable under para-
graph (1), 
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unless the action described in clause (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 attorneys’ 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 116 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 
subsection (a)(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 
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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 section 116, 
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 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 
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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 116, 
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 by the Secretary for the pur-
poses of this subsection, it shall be considered to be 
commenced on the date when the complaint is filed. 
(d) INVESTIGATIVE AUTHORITY.— 
(1) IN GENERAL.—To ensure compliance with 
the provisions of this part, or any regulation or 
order issued under this part, the Secretary shall 
have, subject to paragraph (3), the investigative au-
thority 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 covered employer shall make, keep, 
and preserve records pertaining to compliance with 
this part 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 
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the Secretary. The Secretary shall have access to the 
records for purposes of conducting audits. 
(3) REQUIRED SUBMISSIONS GENERALLY LIM-
ITED TO AN ANNUAL BASIS.—The Secretary shall 
not under the authority of this subsection require 
any covered employer or any plan, fund, or program 
to submit to the Secretary any books or records 
more than once during any 12-month period, unless 
the Secretary has reasonable cause to believe there 
may exist a violation of this part or any regulation 
or order issued pursuant to this part, or is inves-
tigating a charge pursuant to subsection (b). 
(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. 118. PENALTIES. 
(a) PENALTIES FOR SUBMISSION OF FALSE CERTIFI-
CATIONS.—If the Secretary finds that any individual sub-
mits a false certification of the health condition of any 
person in order to obtain leave benefits under this part 
with the intent to defraud, the Secretary shall assess a 
penalty against the individual in an amount up to 100 per-
cent of the benefits paid as a result of the false certifi-
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cation. Penalties collected under this subsection shall be 
deposited in the Insurance Fund, notwithstanding the pro-
visions of title 31, United States Code and used to reim-
burse the covered employers involved for the amount of 
the leave benefits. 
(b) CRIMINAL PENALTIES FOR FALSE STATEMENTS 
AND SOLICITATIONS.—Whoever— 
(1) makes or causes to be made any false state-
ment in support of an application for leave benefits 
under this part; 
(2) knowingly presents or causes to be pre-
sented any false written or oral material statement 
in support of any claim for leave benefits under this 
part; 
(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 leave benefits under this part, except to 
the extent authorized by a law of the United States; 
or 
(4) knowingly assists, abets, solicits, or con-
spires with any person to engage in an act that is 
prohibited under paragraph (1), (2), or (3), 
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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. 119. EDUCATION PROGRAMS. 
(a) AUTHORITY.—The Secretary shall develop and 
maintain a program of education concerning the rights 
and leave benefits under this part. 
(b) NOTICE TO EMPLOYERS.—The Secretary shall 
provide to each covered employer a notice informing em-
ployees of the rights and leave benefits available under this 
part. The notice shall be given by every covered employer 
to each employee hired, and to each employee taking leave 
as described in section 113(a). 
SEC. 120. REGULATIONS. 
The Secretary shall issue regulations to carry out this 
part. 
SEC. 121. EFFECTIVE DATE. 
This part shall take effect on January 1, 2011, and 
apply to periods of leave that commence on or after Janu-
ary 1, 2012. 
PART 2—CIVIL SERVICE FAMILY AND MEDICAL 
LEAVE INSURANCE PROGRAM 
SEC. 131. PROGRAM DEFINITIONS. 
In this part: 
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(1) AGENCY.—The term ‘‘agency’’ means an 
agency covered under subchapter V of chapter 63 of 
title 5, United States Code. 
(2) AGENCY
EMPLOYEE.—The term ‘‘agency 
employee’’ means an employee who— 
(A) meets the requirements of paragraph 
(1) of section 6381 of title 5, United States 
Code; and 
(B) has earned wages with an agency for 
12 of the last 18 months, prior to filing an ap-
plication for leave benefits under this part. 
SEC. 132. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The Director of the Office of Per-
sonnel Management shall establish a Civil Service Family 
and Medical Leave Insurance Program, and shall issue 
regulations providing for the implementation of the pro-
gram. In issuing the regulations, the Director shall require 
that the Director shall provide, or that the agencies shall 
provide, family and medical leave insurance benefits de-
scribed in section 113 to agency employees. The regula-
tions issued under this subsection shall include provisions 
that are the same as regulations issued by the Secretary 
to implement the statutory provisions of sections 113, 
115, 119, and 120, except insofar as the Director may 
determine, for good cause shown and stated together with 
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the regulations, that a modification of the regulations 
would be more effective for the implementation of the 
rights and protections under those sections. The regula-
tions shall provide for appropriate remedies and proce-
dures for violations of this part. 
(b) PAYMENT.—At the direction of the Director or 
the head of an agency, as specified in the regulations, the 
Managing Trustee shall pay funds from the Insurance 
Fund for the leave benefits. 
PART 3—FAMILY AND MEDICAL LEAVE 
INSURANCE FUND 
SEC. 141. 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 Insurance Fund. The Insurance 
Fund shall consist of such amounts as may be deposited 
in, or appropriated to, such fund as provided in this sec-
tion. 
(b) APPROPRIATIONS TO INSURANCE FUND.— 
(1) AMOUNTS APPROPRIATED.—There is appro-
priated to the Insurance Fund for fiscal year 2011 
and each fiscal year thereafter, out of any moneys 
in the Treasury not otherwise appropriated, amounts 
equivalent to 100 percent of— 
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(A) the family and medical leave premiums 
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 or the 
Secretary’s delegate under subtitle F of such 
Code after December 31, 2009, as determined 
by the Secretary of the Treasury by applying 
the applicable rates of premium payment under 
such sections to such wages, which wages shall 
be certified by the Commissioner of Social Se-
curity; 
(B) on the basis of the records of wages 
established and maintained by the Commis-
sioner of the Social Security Administration in 
accordance with such reports; 
(C) the family and medical leave premiums 
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 or the Secretary’s 
delegate on tax returns under subtitle F of such 
Code after December 31, 2009, as determined 
by the Secretary of the Treasury by applying 
the applicable rate of premium payment under 
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such section 1401(c) to such self-employment 
income, which self-employment income shall be 
certified by the Commissioner of Social Secu-
rity; and 
(D) on the basis of the records of self-em-
ployment income established and maintained by 
the Commissioner of Social Security in accord-
ance with such returns. 
(2) TRANSFERS.—Such appropriated amounts 
shall be transferred from time to time from the gen-
eral fund of the Treasury to the Insurance Fund. 
Such amounts shall be determined on the basis of 
estimates by the Secretary of the Treasury of the 
premiums, specified in paragraph (1), paid to or de-
posited into the Treasury, and proper adjustments 
shall be made in amounts subsequently transferred 
to the extent prior estimates were in excess of or 
were less than such premiums. 
(3) INVESTMENTS.—All amounts transferred to 
the Insurance Fund under paragraph (2) shall be in-
vested by the Managing Trustee referred to in sec-
tion 312(c) in the same manner and to the same ex-
tent as the other assets of the Insurance Fund. 
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SEC. 142. BOARD OF TRUSTEES. 
(a) ESTABLISHMENT AND MEMBERSHIP.—With re-
spect to the Insurance Fund, there is established a body 
to be known as the Board of Trustees of the Insurance 
Fund which shall be composed of the Secretary of the 
Treasury, the Secretary of Labor, the Commissioner of 
Social Security, and the Secretary of Health and Human 
Services, all ex officio, and of two members of the public 
(both of whom may not be from the same political party), 
who shall be nominated by the President, by and with the 
advice and consent of the Senate. 
(b) TERMS AND VACANCIES.—Members of the Board 
of Trustees shall serve for a period of 4 years. A member 
of the Board of Trustees nominated and confirmed as a 
member of the public to fill a vacancy occurring during 
a term shall be nominated and confirmed only for the re-
mainder of such term. An individual nominated and con-
firmed as a member of the public may serve in such posi-
tion after the expiration of such member’s term until the 
earlier of the date on which the member’s successor takes 
office or the date on which a report of the Board is first 
issued under paragraph (2) after the expiration of the 
member’s term. 
(c) MANAGING TRUSTEE
AND SECRETARY.—The 
Secretary of the Treasury shall be the Managing Trustee 
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of the Board of Trustees. The Secretary of Labor shall 
serve as the Secretary of the Board of Trustees. 
(d) BASIC DUTIES OF THE BOARD OF TRUSTEES.— 
The Board of Trustees shall meet not less frequently than 
once each calendar year. It shall be the duty of the Board 
of Trustees to— 
(1) hold the Insurance Fund; 
(2) report to Congress not later than April 1 of 
each year— 
(A) on the operation and status of the In-
surance Fund during the fiscal year preceding 
the fiscal year in which the report is made; and 
(B) on the expected operation and status 
of the Insurance Fund during the fiscal year in 
which the report is made and the next 2 fiscal 
years; 
(3) report immediately to Congress whenever 
the Board is of the opinion that the amount in the 
Insurance Fund is unduly small; and 
(4) review the general policies followed in man-
aging the Insurance Fund, and recommend changes 
in such policies, including necessary changes in the 
provisions of law that govern the way in which the 
Insurance Fund is to be managed. 
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(e) REQUIREMENTS RELATING
TO ANNUAL RE-
PORT.—The report provided for in subsection (d)(2) shall 
include a statement of the assets of, and the disburse-
ments made from, the Insurance Fund during the fiscal 
year preceding the fiscal year in which the report is made, 
an estimate of the expected income to, and disbursements 
to be made from, the Insurance Fund during the fiscal 
year in which the report is made and each of the next 
two fiscal years, and a statement of the actuarial status 
of the Insurance Fund. Such report shall also include an 
actuarial opinion by an appropriate employee of the De-
partment of Labor certifying that the techniques and 
methodologies used for the report are generally accepted 
within the actuarial profession and that the assumptions 
and cost estimates used for the report are reasonable. 
(f) LIABILITY.—A person serving as a member of the 
Board of Trustees shall not be considered to be a fiduciary 
and shall not be personally liable for actions taken in such 
capacity with respect to the Insurance Fund. 
SEC. 143. INVESTMENT OF THE FAMILY AND MEDICAL 
LEAVE INSURANCE FUND. 
(a) OBLIGATIONS.—It shall be the duty of the Man-
aging Trustee to invest such portion of the Insurance 
Fund as is not, in the trustee’s judgment, required to meet 
current withdrawals. Such investments may be made only 
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