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. <> ...


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                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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