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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        Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and 
        659), to issue--
                    (A) a citation or notice to any employing office 
                responsible for correcting a violation of subsection 
                (a); or
                    (B) a notification to any employing office that the 
                General Counsel believes has failed to correct a 
                violation for which a citation has been issued within 
                the period permitted for its correction.
            (3) Hearings and review.--If after issuing a citation or 
        notification, the General Counsel determines that a violation 
        has not been corrected, the General Counsel may file a complaint 
        with the Office against the employing office named in the 
        citation or notification. The complaint shall be submitted to a 
        hearing officer for decision pursuant to subsections (b) through 
        (h) of section 405, subject to review by the Board pursuant to 
        section 406.
            (4) Variance procedures.--An employing office may request 
        from the Board an order granting a variance from a standard made 
        applicable by this section. For the purposes of this section, 
        the Board shall exercise the authorities granted to the 
        Secretary of Labor in sections 6(b)(6) and 6(d) of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) 
        and 655(d)) to act on any employing office's request for a 
        variance. The Board shall refer the matter to a hearing officer 
        pursuant to subsections (b) through (h) of section 405, subject 
        to review by the Board pursuant to section 406.
            (5) Judicial review.--The General Counsel or employing 
        office aggrieved by a final decision of the Board under 
        paragraph (3) or (4), may file a petition for review with the 
        United States Court of Appeals for the Federal Circuit pursuant 
        to section 407.
            (6) Compliance date.--If new appropriated funds are 
        necessary to correct a violation of subsection (a) for which a 
        citation is issued, or to comply with an order requiring 
        correction of such a violation, correction or compliance shall 
        take place as soon as possible, but not later than the end of 
        the fiscal year following the fiscal year in which the citation 
        is issued or the order requiring correction becomes final and 
        not subject to further review.

    (d) 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

[[Page 109 STAT. 18]]

        promulgated by the Secretary of Labor to implement the statutory 
        provisions referred to in subsection (a) except to the extent 
        that 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) Employing office responsible for correction.--The 
        regulations issued under paragraph (1) shall include a method of 
        identifying, for purposes of this section and for different 
        categories of violations of subsection (a), the employing office 
        responsible for correction of a particular violation.

    (e) Periodic Inspections; Report to Congress.--
            (1) Periodic inspections.--On a regular basis, and at least 
        once each Congress, the General Counsel, exercising the same 
        authorities of the Secretary of Labor as under subsection 
        (c)(1), shall conduct periodic inspections of all facilities of 
        the House of Representatives, the Senate, the Capitol Guide 
        Service, the Capitol Police, the Congressional Budget Office, 
        the Office of the Architect of the Capitol, the Office of the 
        Attending Physician, the Office of Compliance, the Office of 
        Technology Assessment, the Library of Congress, and the General 
        Accounting Office to report on compliance with subsection (a).
            (2) Report.--On the basis of each periodic inspection, the 
        General Counsel shall prepare and submit a report--
                    (A) to the Speaker of the House of Representatives, 
                the President pro tempore of the Senate, and the Office 
                of the Architect of the Capitol or other employing 
                office responsible for correcting the violation of this 
                section uncovered by such inspection, and
                    (B) containing the results of the periodic 
                inspection, identifying the employing office responsible 
                for correcting the violation of this section uncovered 
                by such inspection, describing any steps necessary to 
                correct any violation of this section, and assessing any 
                risks to employee health and safety associated with any 
                violation.
            (3) Action after report.--If a report identifies any 
        violation of this section, the General Counsel shall issue a 
        citation or notice in accordance with subsection (c)(2)(A).
            (4) Detailed personnel.--The Secretary of Labor may, on 
        request of the Executive Director, detail to the Office such 
        personnel as may be necessary to advise and assist the Office in 
        carrying out its duties under this section.

    (f) Initial Period for Study and Corrective Action.--The period from 
the date of the enactment of this Act until December 31, 1996, shall be 
available to the Office of the Architect of the Capitol and other 
employing offices to identify any violations of subsection (a), to 
determine the costs of compliance, and to take any necessary corrective 
action to abate any violations. The Office shall assist the Office of 
the Architect of the Capitol and other employing offices by arranging 
for inspections and other technical assistance at their request. Prior 
to July 1, 1996, the General Counsel shall conduct a thorough inspection 
under subsection (e)(1) and shall submit the report under subsection 
(e)(2) for the One Hundred Fourth Congress.
    (g) Effective Date.--

[[Page 109 STAT. 19]]

            (1) In general.--Except as provided in paragraph (2), 
        subsections (a), (b), (c), and (e)(3) shall be effective on 
        January 1, 1997.
            (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.

                   PART D--LABOR-MANAGEMENT RELATIONS

<<NOTE: 2 USC 1351.>> SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, 
            UNITED STATES CODE, RELATING TO FEDERAL SERVICE LABOR-
            MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.

    (a) Labor-Management Rights.--
            (1) In general.--The rights, protections, and 
        responsibilities established under sections 7102, 7106, 7111 
        through 7117, 7119 through 7122, and 7131 of title 5, United 
        States Code, shall apply to employing offices and to covered 
        employees and representatives of those employees.
            (2) Definition.--For purposes of the application under this 
        section of the sections referred to in paragraph (1), the term 
        ``agency'' shall be deemed to include an employing office.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
such remedy, including a remedy under section 7118(a)(7) of title 5, 
United States Code, as would be appropriate if awarded by the Federal 
Labor Relations Authority to remedy a violation of any provision made 
applicable by subsection (a).
    (c) Authorities and Procedures for Implementation and Enforcement.--
            (1) General authorities of the board; petitions.--For 
        purposes of this section and except as otherwise provided in 
        this section, the Board shall exercise the authorities of the 
        Federal Labor Relations Authority under sections 7105, 7111, 
        7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United States 
        Code, and of the President under section 7103(b) of title 5, 
        United States Code. For purposes of this section, any petition 
        or other submission that, under chapter 71 of title 5, United 
        States Code, would be submitted to the Federal Labor Relations 
        Authority shall, if brought under this section, be submitted to 
        the Board. The Board shall refer any matter under this paragraph 
        to a hearing officer for decision pursuant to subsections (b) 
        through (h) of section 405, subject to review by the Board 
        pursuant to section 406. The Board may direct that the General 
        Counsel carry out the Board's investigative authorities under 
        this paragraph.
            (2) General authorities of the general counsel; charges of 
        unfair labor practice.--For purposes of this section and except 
        as otherwise provided in this section, the General Counsel shall 
        exercise the authorities of the General Counsel of the Federal 
        Labor Relations Authority under sections 7104 and 7118 of title 
        5, United States Code. For purposes of this section, any charge 
        or other submission that, under chapter 71 of title 5, United 
        States Code, would be submitted to the General Counsel of the 
        Federal Labor Relations Authority shall, if brought under this 
        section, be submitted to the General

[[Page 109 STAT. 20]]

        Counsel. If any person charges an employing office or a labor 
        organization with having engaged in or engaging in an unfair 
        labor practice and makes such charge within 180 days of the 
        occurrence of the alleged unfair labor practice, the General 
        Counsel shall investigate the charge and may file a complaint 
        with the Office. The complaint shall be submitted to a hearing 
        officer for decision pursuant to subsections (b) through (h) of 
        section 405, subject to review by the Board pursuant to section 
        406.
            (3) Judicial review.--Except for matters referred to in 
        paragraphs (1) and (2) of section 7123(a) of title 5, United 
        States Code, the General Counsel or the respondent to the 
        complaint, if aggrieved by a final decision of the Board under 
        paragraph (1) or (2) of this subsection, may file a petition for 
        judicial review in the United States Court of Appeals for the 
        Federal Circuit pursuant to section 407.
            (4) Exercise of impasses panel authority; requests.--For 
        purposes of this section and except as otherwise provided in 
        this section, the Board shall exercise the authorities of the 
        Federal Service Impasses Panel under section 7119 of title 5, 
        United States Code. For purposes of this section, any request 
        that, under chapter 71 of title 5, United States Code, would be 
        presented to the Federal Service Impasses Panel shall, if made 
        under this section, be presented to the Board. At the request of 
        the Board, the Executive Director shall appoint a mediator or 
        mediators to perform the functions of the Federal Service 
        Impasses Panel under section 7119 of title 5, United States 
        Code.

    (d) 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 subsection 
        (e), the regulations issued under paragraph (1) shall be the 
        same as substantive regulations promulgated by the Federal Labor 
        Relations Authority to implement the statutory provisions 
        referred to in subsection (a) except--
                    (A) to the extent that 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; or
                    (B) as the Board deems necessary to avoid a conflict 
                of interest or appearance of a conflict of interest.

    (e) Specific Regulations Regarding Application to Certain Offices of 
Congress.--
            (1) Regulations required.--The Board shall issue regulations 
        pursuant to section 304 on the manner and extent to which the 
        requirements and exemptions of chapter 71 of title 5, United 
        States Code, should apply to covered employees who are employed 
        in the offices listed in paragraph (2). The regulations shall, 
        to the greatest extent practicable, be consistent with the 
        provisions and purposes of chapter 71 of title 5, United States 
        Code and of this Act, and shall be the same as substantive 
        regulations issued by the Federal Labor Relations Authority 
        under such chapter, except--
                    (A) to the extent that the Board may determine, for 
                good cause shown and stated together with the 
                regulation,

[[Page 109 STAT. 21]]

                that a modification of such regulations would be more 
                effective for the implementation of the rights and 
                protections under this section; and
                    (B) that the Board shall exclude from coverage under 
                this section any covered employees who are employed in 
                offices listed in paragraph (2) if the Board determines 
                that such exclusion is required because of--
                          (i) a conflict of interest or appearance of a 
                      conflict of interest; or
                          (ii) Congress' constitutional 
                      responsibilities.
            (2) Offices referred to.--The offices referred to in 
        paragraph (1) include--
                    (A) the personal office of any Member of the House 
                of Representatives or of any Senator;
                    (B) a standing, select, special, permanent, 
                temporary, or other committee of the Senate or House of 
                Representatives, or a joint committee of Congress;
                    (C) the Office of the Vice President (as President 
                of the Senate), the Office of the President pro tempore 
                of the Senate, the Office of the Majority Leader of the 
                Senate, the Office of the Minority Leader of the Senate, 
                the Office of the Majority Whip of the Senate, the 
                Office of the Minority Whip of the Senate, the 
                Conference of the Majority of the Senate, the Conference 
                of the Minority of the Senate, the Office of the 
                Secretary of the Conference of the Majority of the 
                Senate, the Office of the Secretary of the Conference of 
                the Minority of the Senate, the Office of the Secretary 
                for the Majority of the Senate, the Office of the 
                Secretary for the Minority of the Senate, the Majority 
                Policy Committee of the Senate, the Minority Policy 
                Committee of the Senate, and the following offices 
                within the Office of the Secretary of the Senate: 
                Offices of the Parliamentarian, Bill Clerk, Legislative 
                Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk, 
                Official Reporters of Debate, Daily Digest, Printing 
                Services, Captioning Services, and Senate Chief Counsel 
                for Employment;
                    (D) the Office of the Speaker of the House of 
                Representatives, the Office of the Majority Leader of 
                the House of Representatives, the Office of the Minority 
                Leader of the House of Representatives, the Offices of 
                the Chief Deputy Majority Whips, the Offices of the 
                Chief Deputy Minority Whips and the following offices 
                within the Office of the Clerk of the House of 
                Representatives: Offices of Legislative Operations, 
                Official Reporters of Debate, Official Reporters to 
                Committees, Printing Services, and Legislative 
                Information;
                    (E) the Office of the Legislative Counsel of the 
                Senate, the Office of the Senate Legal Counsel, the 
                Office of the Legislative Counsel of the House of 
                Representatives, the Office of the General Counsel of 
                the House of Representatives, the Office of the 
                Parliamentarian of the House of Representatives, and the 
                Office of the Law Revision Counsel;
                    (F) the offices of any caucus or party organization;
                    (G) the Congressional Budget Office, the Office of 
                Technology Assessment, and the Office of Compliance; and

[[Page 109 STAT. 22]]

                    (H) such other offices that perform comparable 
                functions which are identified under regulations of the 
                Board.

    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 

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