(II) in a case in which wages, 
salary, employment benefits (as so de-
fined), or other compensation have 
not been denied, lost, or owed to the 
employee, any actual monetary losses 
sustained by the employee as a direct 
result of the violation; 
(ii) interest on the amount described 
in clause (i) calculated at the prevailing 
rate; 
(iii) except as provided in subpara-
graph (B), 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); and 
(iv) such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) EXCEPTION
FOR
LIQUIDATED
DAM-
AGES.—If an employer who has violated a cov-
ered provision proves to the satisfaction of the 
court that the act or omission which violated 
the covered provision was in good faith and that 
the employer had reasonable grounds for believ-
ing that the act or omission was not a violation 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
of a covered provision, such court may, in the 
discretion of the court, reduce the amount of li-
ability under subparagraph (A) to the amount, 
interest, and equitable relief determined under 
clauses (i), (ii), and (iv), respectively. 
(2) RIGHT OF ACTION.—An action to recover 
the damages, interest, or equitable relief set forth in 
paragraph (1) may be maintained against any em-
ployer (including a public agency) in any Federal or 
State court of competent jurisdiction by any one or 
more employees for and on behalf of— 
(A) such employees; or 
(B) such employees and any other employ-
ees similarly situated. 
(3) FEES AND COSTS.—The court in such an 
action shall, in addition to any judgment awarded to 
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the 
action to be paid by the defendant. 
(4) LIMITATIONS.—The right provided by para-
graph (2) to bring an action by or on behalf of any 
employee shall terminate on the filing of a complaint 
by the Secretary in an action under subsection (c)(4) 
in which a recovery is sought of the damages, inter-
est, or equitable relief described in paragraph (1)(A) 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
owing to an employee by an employer liable under 
paragraph (1) unless the action is dismissed without 
prejudice on motion of the Secretary. 
(c) ACTIONS BY THE SECRETARY.— 
(1) ADMINISTRATIVE
ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve 
complaints of violations of this title 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), and may issue an 
order making determinations, and assessing a civil 
penalty described in paragraph (3) (in accordance 
with such paragraph), with respect to such an al-
leged violation. 
(2) ADMINISTRATIVE
REVIEW.—An affected 
person who takes exception to an order issued under 
paragraph (1) may request review of and a decision 
regarding such an order by an administrative law 
judge. In reviewing the order, the administrative law 
judge may hold an administrative hearing con-
cerning the order, in accordance with the require-
ments of sections 554, 556, and 557 of title 5, 
United States Code. Such hearing shall be conducted 
expeditiously. 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) CIVIL PENALTY.— 
(A) IN GENERAL.—An employer who will-
fully and repeatedly violates— 
(i) section 204(a) shall be subject to 
a civil penalty in an amount to be deter-
mined by the Secretary, but not to be less 
than $500, or more than $1,000, per viola-
tion (subject to subparagraph (B)); or 
(ii) subsection (b) or (c) of section 
204 shall be subject to a civil penalty in an 
amount to be determined by the Secretary, 
but not to be less than $1,100, or more 
than $5,000, per violation (subject to sub-
paragraph (B)). 
(B) INFLATION.—The Secretary shall, for 
each year beginning with calendar year 2024, 
increase the minimum and maximum amounts 
for the penalties described in clauses (i) and (ii) 
of subparagraph (A) by a percentage equal to 
the percentage increase in the Consumer Price 
Index for All Urban Consumers, published by 
the Department of Labor, between December 
2023 and the December prior to the year for 
which the increase takes effect. 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(C) WILLFUL
VIOLATION.—For purposes 
of this section, an employer willfully violates a 
provision of section 204 when, after taking into 
account all of the facts and circumstances sur-
rounding the violation, it is determined that the 
employer— 
(i) knew that its conduct was prohib-
ited by such section; or 
(ii) showed reckless disregard for the 
requirements of such section. 
(4) CIVIL ACTION.— 
(A) IN
GENERAL.—The Secretary may 
bring an action in any court of competent juris-
diction on behalf of aggrieved employees to— 
(i) restrain violations of this title; 
(ii) obtain such equitable relief as may 
be appropriate, including employment, re-
instatement, and promotion; and 
(iii) in the case of a violation of a cov-
ered provision, recover the damages, inter-
est, and equitable relief described in 
clauses (i) through (iv) of subsection 
(b)(1)(A). 
(B) RECOVERY ON BEHALF OF EMPLOY-
EES.—Any sums recovered by the Secretary 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under subparagraph (A) on behalf of an em-
ployee shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to the employee affected. Any such sums 
not paid to an employee because of inability to 
do so within a period of 3 years shall be depos-
ited in the Treasury and credited to miscella-
neous receipts. 
(d) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an action may be brought under this sec-
tion not later than 2 years after the date of the last 
event constituting the alleged violation for which the 
action is brought. 
(2) WILLFUL VIOLATION.—In the case of such 
action brought for a willful violation of section 204 
(as described in subsection (c)(3)), such action may 
be brought within 3 years of the date of the last 
event constituting the alleged violation for which 
such action is brought. 
(3) COMMENCEMENT.—In determining when an 
action is commenced by the Secretary or by an em-
ployee under this section for the purposes of this 
subsection, it shall be considered to be commenced 
on the date when the complaint is filed. 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to an employing agency, provided in chapter 12 of 
that title to the Merit Systems Protection Board, or 
provided in that title to any person, alleging a viola-
tion of chapter 63 of that title, shall be the powers 
and procedures this title provides to that agency, 
that Board, or any person, respectively, alleging a 
violation of this title against an employee described 
in section 201(2)(E). 
(4) COMPTROLLER GENERAL.—In the case of 
employees of the Government Accountability Office, 
the authority of the Secretary under this title shall 
be exercised by the Comptroller General of the 
United States. 
SEC. 206. REGULATIONS. 
(a) SECRETARY OF LABOR.—Except as provided in 
subsections (b) through (e), not later than 180 days after 
the date of enactment of this Act, the Secretary shall issue 
such regulations as may be necessary to implement this 
title. 
(b) BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Congressional Work-
place Rights shall issue such regulations as may be 
necessary to implement this title with respect to em-
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ployees described in section 201(2)(C). The proce-
dures applicable to regulations of the Board issued 
for the implementation of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.), 
prescribed in section 304 of that Act (2 U.S.C. 
1384), shall be the procedures applicable to regula-
tions issued under this subsection. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Board shall take into consideration the 
enforcement and remedies provisions concerning the 
Office and applicable to rights and protections under 
the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.), under the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the Board may determine, for good cause 
shown and stated together with the regulations 
issued by the Board, that a modification of such 
substantive regulations would be more effective for 
the implementation of the rights and protections 
under this title. 
(c) PRESIDENT.— 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Presi-
dent shall issue such regulations as may be nec-
essary to implement this title with respect to em-
ployees described in section 201(2)(D). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the President shall take into consideration 
the enforcement and remedies provisions concerning 
the President and the Merit Systems Protection 
Board, and applicable to rights and protections 
under the Family and Medical Leave Act of 1993, 
under chapter 5 of title 3, United States Code. 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the President may determine, for good 
cause shown and stated together with the regula-
tions issued by the President, that a modification of 
such substantive regulations would be more effective 
for the implementation of the rights and protections 
under this title. 
(d) OFFICE OF PERSONNEL MANAGEMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Office 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
of Personnel Management shall issue such regula-
tions as may be necessary to implement this title 
with respect to employees described in section 
201(2)(E). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Office shall take into consideration the 
enforcement and remedies provisions concerning an 
employing agency and the Merit Systems Protection 
Board under subchapter V of chapter 63 of title 5, 
United States Code. 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the Office may determine, for good cause 
shown and stated together with the regulations 
issued by the Office, that a modification of such sub-
stantive regulations would be more effective for the 
implementation of the rights and protections under 
this title. 
(e) COMPTROLLER GENERAL.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Comp-
troller General of the United States shall issue such 
regulations as may be necessary to implement this 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB
title with respect to employees of the Government 
Accountability Office. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Comptroller General shall take into con-
sideration the enforcement and remedies provisions 
concerning the Comptroller General under title I of 
the Family and Medical Leave Act of 1993 (29 
U.S.C. 2611 et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the Comptroller General may determine, 
for good cause shown and stated together with the 
regulations issued by the Comptroller General, that 
a modification of such substantive regulations would 
be more effective for the implementation of the 
rights and protections under this title. 
Æ 
VerDate Sep 11 2014 
22:34 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H5578.IH
H5578
kjohnson on DSK7ZCZBW3PROD with $$_JOB