Home > 104th Congressional Public Laws > Pub.L. 104-10 To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. <> ...
Pub.L. 104-10 To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. <> ...
Statutes (42 U.S.C. 1981), or as would be appropriate if
awarded under sections 1977A(a)(1), 1977A(b)(2), and,
irrespective of the size of the employing office,
1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.
1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)).
(2) Age discrimination.--The remedy for a violation of
subsection (a)(2) shall be--
(A) such remedy as would be appropriate if awarded
under section 15(c) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(c)); and
(B) such liquidated damages as would be appropriate
if awarded under section 7(b) of such Act (29 U.S.C.
626(b)).
In addition, the waiver provisions of section 7(f) of such Act
(29 U.S.C. 626(f)) shall apply to covered employees.
(3) Disabilities discrimination.--The remedy for a violation
of subsection (a)(3) shall be--
(A) such remedy as would be appropriate if awarded
under section 505(a)(1) of the Rehabilitation Act of
1973
[[Page 109 STAT. 8]]
(29 U.S.C. 794a(a)(1)) or section 107(a) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
(B) such compensatory damages as would be
appropriate if awarded under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and, irrespective of the size
of the employing office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 1981a(a)(2), 1981a(a)(3),
1981a(b)(2), and 1981a(b)(3)(D)).
(c) Application to General Accounting Office, Government Printing
Office, and Library of Congress.--
(1) Section 717 of the civil rights act of 1964.--Section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is
amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch'';
and
(C) inserting ``Government Printing Office, the
General Accounting Office, and the'' after ``and in
the''.
(2) Section 15 of the age discrimination in employment act
of 1967.--Section 15(a) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 633a(a)) is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch'';
and
(C) inserting ``Government Printing Office, the
General Accounting Office, and the'' after ``and in
the''.
(3) Section 509 of the americans with disabilities act of
1990.--Section 509 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12209) is amended--
(A) by striking subsections (a) and (b) of section
509;
(B) in subsection (c), by striking ``(c)
Instrumentalities of Congress.--'' and inserting ``The
General Accounting Office, the Government Printing
Office, and the Library of Congress shall be covered as
follows:'';
(C) by striking the second sentence of paragraph
(2);
(D) in paragraph (4), by striking ``the
instrumentalities of the Congress include'' and
inserting ``the term `instrumentality of the Congress'
means'', by striking ``the Architect of the Capitol, the
Congressional Budget Office'', by inserting ``and''
before ``the Library'', and by striking ``the Office of
Technology Assessment, and the United States Botanic
Garden'';
(E) by redesignating paragraph (5) as paragraph (7)
and by inserting after paragraph (4) the following new
paragraph:
``(5) Enforcement of employment rights.--The remedies and
procedures set forth in section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16) shall be available to any employee of
an instrumentality of the Congress who alleges a violation of
the rights and protections under sections 102 through 104 of
this Act that are made applicable by this section, except that
the authorities of the Equal Employment Opportunity Commission
shall be exercised by the chief official of the instrumentality
of the Congress.''; and
(F) by amending the title of the section to read
``INSTRUMENTALITIES OF THE CONGRESS''.
(d) Effective Date.--This section shall take effect 1 year after the
date of the enactment of this Act.
[[Page 109 STAT. 9]]
<<NOTE: 2 USC 1312.>> SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY
AND MEDICAL LEAVE ACT OF 1993.
(a) Family and Medical Leave Rights and Protections Provided.--
(1) In general.--The rights and protections established by
sections 101 through 105 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 through 2615) shall apply to covered
employees.
(2) Definition.--For purposes of the application described
in paragraph (1)--
(A) the term ``employer'' as used in the Family and
Medical Leave Act of 1993 means any employing office,
and
(B) the term ``eligible employee'' as used in the
Family and Medical Leave Act of 1993 means a covered
employee who has been employed in any employing office
for 12 months and for at least 1,250 hours of employment
during the previous 12 months.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under paragraph (1) of section 107(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
(c) Application to General Accounting Office and Library of
Congress.--
(1) Amendments to the family and medical leave act of
1993.--
(A) Coverage.--Section 101(4)(A) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is
amended by striking ``and'' at the end of clause (ii),
by striking the period at the end of clause (iii) and
inserting ``; and'', and by adding after clause (iii)
the following:
``(iv) includes the General Accounting Office
and the Library of Congress.''.
(B) Enforcement.--Section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617) is amended by
adding at the end the following:
``(f) General Accounting Office and Library of Congress.--In the
case of the General Accounting Office and the Library of Congress, the
authority of the Secretary of Labor under this title shall be exercised
respectively by the Comptroller General of the United States and the
Librarian of Congress.''.
(2) Conforming amendment to title 5, united states code.--
Section 6381(1)(A) of title 5, United States Code, is amended by
striking ``and'' after ``District of Columbia'' and inserting
before the semicolon the following: ``, and any employee of the
General Accounting Office or the Library of Congress''.
(d) Regulations.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement the rights and protections under
this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except insofar as the
Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regula
[[Page 109 STAT. 10]]
tions would be more effective for the implementation of the
rights and protections under this section.
(e) Effective Date.--
(1) In general.--Subsections (a) and (b) shall be effective
1 year after the date of the enactment of this Act.
(2) General accounting office and library of congress.--
Subsection (c) shall be effective 1 year after transmission to
the Congress of the study under section 230.
<<NOTE: 2 USC 1313.>> SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR
LABOR STANDARDS ACT OF 1938.
(a) Fair Labor Standards.--
(1) In general.--The rights and protections established by
subsections (a)(1) and (d) of section 6, section 7, and section
12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206
(a)(1) and (d), 207, 212(c)) shall apply to covered employees.
(2) Interns.--For the purposes of this section, the term
``covered employee'' does not include an intern as defined in
regulations under subsection (c).
(3) Compensatory time.--Except as provided in regulations
under subsection (c)(3), covered employees may not receive
compensatory time in lieu of overtime compensation.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(b)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in paragraph
(3), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for
good cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for the
implementation of the rights and protections under this section.
(3) Irregular work schedules.--The Board shall issue
regulations for covered employees whose work schedules directly
depend on the schedule of the House of Representatives or the
Senate that shall be comparable to the provisions in the Fair
Labor Standards Act of 1938 that apply to employees who have
irregular work schedules.
(d) Application to the Government Printing Office.--Section
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)) is amended--
(1) in clause (iii), by striking ``legislative or'',
(2) by striking ``or'' at the end of clause (iv), and
(3) by striking the semicolon at the end of clause (v) and
inserting ``, or'' and by adding after clause (v) the following:
``(vi) the Government Printing Office;''.
(e) Effective Date.--Subsections (a) and (b) shall be effective 1
year after the date of the enactment of this Act.
<<NOTE: 2 USC 1314.>> SEC. 204. RIGHTS AND PROTECTIONS UNDER THE
EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.
(a) Polygraph Practices Prohibited.--
[[Page 109 STAT. 11]]
(1) In general.--No employing office, irrespective of
whether a covered employee works in that employing office, may
require a covered employee to take a lie detector test where
such a test would be prohibited if required by an employer under
paragraph (1), (2), or (3) of section 3 of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2002 (1), (2), or
(3)). In addition, the waiver provisions of section 6(d) of such
Act (29 U.S.C. 2005(d)) shall apply to covered employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
``employing office'' shall include the General Accounting Office
and the Library of Congress.
(3) Capitol police.--Nothing in this section shall preclude
the Capitol Police from using lie detector tests in accordance
with regulations under subsection (c).
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under section 6(c)(1) of
the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsections (a) and (b) except insofar
as the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the date
of the enactment of this Act.
(2) General accounting office and library of congress.--This
section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
<<NOTE: 2 USC 1315.>> SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER
ADJUSTMENT AND RETRAINING NOTIFICATION ACT.
(a) Worker Adjustment and Retraining Notification Rights.--
(1) In general.--No employing office shall be closed or a
mass layoff ordered within the meaning of section 3 of the
Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102) until the end of a 60-day period after the employing
office serves written notice of such prospective closing or
layoff to representatives of covered employees or, if there are
no representatives, to covered employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
[[Page 109 STAT. 12]]
``employing office'' shall include the General Accounting Office
and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under paragraphs (1),
(2), and (4) of section 5(a) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2104(a) (1), (2), and (4)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except insofar as the
Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights and
protections under this section.
(d) Effective Date.--
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104th Congressional Public Laws Records and Documents
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