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. <> ...
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),
Other Popular 104th Congressional Public Laws Documents:
| 1 |
Pub.L. 104-279 <> To authorize the Capitol Guide Service to accept voluntary services. ... |
|
| 2 |
Pub.L. 104-186 To provide for a representational allowance for Members of the House of ... |
| 3 |
Pub.L. 104-131 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ... |
| 4 |
Pub.L. 104-225 To designate the Federal building located at the corner of Patton Avenue and Otis Street, and the United States courthouse located on Otis Street, in Asheville, North Carolina, as the ``Veach-Baley Federal Complex''. < |
| 5 |
Pub.L. 104-81 Providing for the reappointment of Homer Alfred Neal as a citizen regent of the Board of Regents of the Smithsonian Institution. <> ... |
| 6 |
Pub.L. 104-43 To amend the Fishermen's Protective Act. <> ... |
| 7 |
Pub.L. 104-107 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1996, and for other purposes. <> ... |
| 8 |
Pub.L. 104-322 Granting the consent of the Congress to amendments made by Maryland, Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact. <> ... |
| 9 |
Pub.L. 104-145 To amend the Violent Crime Control and Law Enforcement Act of 1994 to require the release of relevant information to protect the public from sexually violent offenders. <> ... |
| 10 |
Pub.L. 104-255 To designate the building located at 8302 FM 327, Elmendorf, Texas, which houses operations of the United States Postal Service, as the ``Amos F. Longoria Post Office Building''. <> ... |
| 11 |
Pub.L. 104-98 To amend the Trademark Act of 1946 to make certain revisions relating to the protection of famous marks. <> ... |
| 12 |
Pub.L. 104-38 To disapprove of amendments to the Federal Sentencing Guidelines relating to lowering of crack sentences and sentences for money laundering and transactions in property derived from unlawful activity. <> %%Fi... |
| 13 |
Pub.L. 104-89 To extend authorities under the Middle East Peace Facilitation Act of 1994 until March 31, 1996, and for other purposes. <> ... |
| 14 |
Pub.L. 104-244 To authorize extension of time limitation for a FERC-issued hydroelectric license. <> ... |
| 15 |
Pub.L. 104-309 To express the sense of the Congress that United States Government agencies in possession of records about individuals who are alleged to have committed Nazi war crimes should make these records public. <>... |
| 16 |
Pub.L. 104-327 To make technical corrections to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. <> ... |
| 17 |
Pub.L. 104-120 To provide an extension for fiscal year 1996 for certain programs administered by the Secretary of Housing and Urban Development and the Secretary of Agriculture, and for other purposes. <> ... |
| 18 |
Pub.L. 104-67 To reform Federal securities litigation, and for other purposes. <> ... |
| 19 |
Pub.L. 104-139 To redesignate the Federal building located at 345 Middlefield Road in Menlo Park, California, and known as the Earth Sciences and Library Building, as the ``Vincent E. McKelvey Federal Building''. <> %%Fi... |
| 20 |
Pub.L. 104-250 To amend the Federal Food, Drug, and Cosmetic Act to provide for improvements in the process of approving and using animal drugs, and for other purposes. <> ... |
| 21 |
Pub.L. 104-301 To provide for the settlement of the Navajo-Hopi land dispute, and for other purposes. <> ... |
| 22 |
Pub.L. 104-253 To increase the amount authorized to be appropriated to the Department of the Interior for the Tensas River National Wildlife Refuge, and for other purposes. <> ... |
| 23 |
Pub.L. 104-228 To designate the Federal building located at 1655 Woodson Road in Overland, Missouri, as the ``Sammy L. Davis Federal Building''. <> ... |
| 24 |
Pub.L. 104-11 To amend title V of Public Law 96-550, designating the Chaco Culture Archeological Protection Sites, and for other purposes. <> ... |
| 25 |
Pub.L. 104-96 To require the Secretary of the Treasury to mint coins in commemoration of the sesquicentennial of the founding of the Smithsonian Institution. <> ... |
| 26 |
Pub.L. 104-219 To clarify the rules governing removal of cases to Federal court, and for other purposes. <> ... |
| 27 |
Pub.L. 104-160 To designate the Federal building and United States courthouse located at 235 North Washington Avenue in Scranton, Pennsylvania, as the ``William J. Nealon Federal Building and United States Courthouse''. <... |
| 28 |
Pub.L. 104-14 To provide that references in the statutes of the United States to any ... |
| 29 |
Pub.L. 104-202 To name the Department of Veterans Affairs medical center in Jackson, Mississippi, as the ``G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center''. <> ... |
| 30 |
Pub.L. 104-170 To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Food, Drug, and Cosmetic Act, and for other purposes. <> ... |
Other Documents:
104th Congressional Public Laws Records and Documents
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
|