[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3358 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3358

 To extend protections to part-time workers in the areas of family and 
 medical leave and pension plans, and to ensure equitable treatment in 
                             the workplace.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2020

 Mr. Schumer (for Ms. Warren (for herself, Mr. Booker, Mr. Markey, and 
 Ms. Harris)) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To extend protections to part-time workers in the areas of family and 
 medical leave and pension plans, and to ensure equitable treatment in 
                             the workplace.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Part-Time Worker Bill of Rights Act 
of 2020''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS

Sec. 101. Elimination of hours of service requirement for FMLA leave.
Sec. 102. Improving coverage for long-term part-time workers.
        TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME WORKERS

Sec. 201. Definitions.
Sec. 202. Elimination of discrimination on the basis of hours worked.
Sec. 203. Offer of work to existing employees.
Sec. 204. Prohibited acts.
Sec. 205. Remedies and enforcement.
Sec. 206. Regulations.

      TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS

SEC. 101. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE.

    (a) Amendment.--Section 101(2)(A) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows:
                    ``(A) In general.--The term `eligible employee' 
                means an employee who has been employed for at least 12 
                months by the employer with respect to whom leave is 
                requested under section 102.''.
    (b) Conforming Amendments.--
            (1) Section 101(2) of such Act (29 U.S.C. 2611(2)) is 
        amended by striking subparagraphs (C) and (D).
            (2) Section 102(a) of such Act (29 U.S.C. 2612(a)) is 
        amended by striking paragraph (5).
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect beginning on the date that is 1 year after the date 
of enactment of this Act.

SEC. 102. IMPROVING COVERAGE FOR LONG-TERM PART-TIME WORKERS.

    (a) In General.--Section 202 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1052) is amended by adding at the end 
the following new subsection:
    ``(c) Special Rule for Certain Part-Time Employees.--
            ``(1) In general.--A pension plan that includes either a 
        qualified cash or deferred arrangement (as defined in section 
        401(k) of the Internal Revenue Code of 1986) or a salary 
        reduction agreement (as described in section 403(b) of such 
        Code) shall not require, as a condition of participation in the 
        arrangement or agreement, that an employee complete a period of 
        service with the employer (or employers) maintaining the plan 
        extending beyond the close of the earlier of--
                    ``(A) the period permitted under subsection (a)(1) 
                (determined without regard to subparagraph (B)(i) 
                thereof) and section 410(a)(1) of such Code (determined 
                without regard to subparagraph (B)(i) thereof); or
                    ``(B) the first 24-month period--
                            ``(i) consisting of 2 consecutive 12-month 
                        periods during each of which the employee has 
                        at least 500 hours of service; and
                            ``(ii) by the close of which the employee 
                        has attained the age of 21.
            ``(2) Exception.--Paragraph (1)(B) shall not apply to 
        employees who are included in a unit of employees covered by an 
        agreement which the Secretary finds to be a collective 
        bargaining agreement between employee representatives and 1 or 
        more employers, if there is evidence that retirement benefits 
        were the subject of good faith bargaining between such employee 
        representatives and such employer or employers.
            ``(3) Coordination with other rules.--In the case of 
        employees who are not highly compensated employees (within the 
        meaning of section 414(q) of the Internal Revenue Code of 1986) 
        and who are eligible to participate in the arrangement or 
        agreement solely by reason of paragraph (1)(B):
                    ``(A) Exclusions.--An employer may elect to exclude 
                such employees from the determination of whether the 
                plan that includes the arrangement or agreement 
                satisfies the requirements of subsections (a)(4), 
                (k)(3), (k)(12), (k)(13), (m)(2), (m)(11), and (m)(12) 
                of section 401 of such Code, section 410(b) of such 
                Code, and section 416 of such Code. If the employer so 
                excludes such employees with respect to the 
                requirements of any such provision, such employees 
                shall be excluded with respect to the requirements of 
                all such provisions. This subparagraph shall cease to 
                apply to any employee as of the first plan year 
                beginning after the plan year in which the employee 
                completes 1 year of service (without regard to 
                paragraph (1)(B) of this subsection).
                    ``(B) Time of participation.--The rules of 
                subsection (a)(4) and section 410(a)(4) of the Internal 
                Revenue Code of 1986 shall apply to such employees.
            ``(4) 12-month period.--For purposes of this subsection, 
        12-month periods shall be determined in the same manner as 
        under the last sentence of subsection (a)(3)(A), except that 
        12-month periods beginning before January 1, 2019, shall not be 
        taken into account.''.
    (b) Vesting.--Section 203(b) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating 
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the 
following new paragraph:
    ``(4) Part-Time Employees.--For purposes of determining whether an 
employee who is eligible to participate in a qualified cash or deferred 
arrangement or a salary reduction agreement under a plan solely by 
reason of section 202(c)(1)(B) has a nonforfeitable right to employer 
contributions--
            ``(A) except as provided in subparagraph (B), each 12-month 
        period for which the employee has at least 500 hours of service 
        shall be treated as a year of service; and
            ``(B) 12-month periods occurring before the 24-month period 
        described in section 202(c)(1)(B) shall not be treated as years 
        of service.
For purposes of this paragraph, 12-month periods shall be determined in 
the same manner as under the last sentence of section 202(a)(3)(A), 
except that 12-month periods beginning before January 1, 2019, shall 
not be taken into account.''.
    (c) Penalty.--Section 502 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end 
the following new subsection:
    ``(n) Requirements Relating to Part-Time Employees.--In the case of 
a plan that fails to permit participation as required by section 
202(c), the Secretary may assess a civil penalty against the plan 
sponsor in an amount equal to $10,000 per year per employee to whom 
such failure relates. The Secretary may, in the Secretary's sole 
discretion, waive or reduce the penalty under this subsection if the 
Secretary determines that the plan sponsor acted reasonably and in good 
faith.''.

        TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME WORKERS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Employ.--The term ``employ'' has the meaning given the 
        term in section 3(g) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203(g)).
            (2) Employee.--The term ``employee'' means an individual 
        who is--
                    (A) an employee, as defined in section 3(e) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), 
                who is not covered under any of subparagraphs (B) 
                through (G), except that a reference in such section to 
                an employer shall be considered to be a reference to a 
                person in commerce described in paragraph (3)(A);
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a));
                    (C) a covered employee, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301), except that such term shall not include 
                an applicant for employment;
                    (D) a covered employee, as defined in section 
                411(c) of title 3, United States Code;
                    (E) a Federal officer or employee covered under 
                subchapter V of chapter 63 of title 5, United States 
                Code; or
                    (F) an employee of the Government Accountability 
                Office.
            (3) Employer.--The term ``employer''--
                    (A)(i) means any person in commerce that--
                            (I) except as provided in subclause (II)--
                                    (aa) employs more than 500 
                                employees described in paragraph 
                                (2)(A), which shall be calculated by 
                                including all employees described in 
                                paragraph (2)(A) performing work for 
                                compensation on a full-time, part-time, 
                                or temporary basis, except that if the 
                                number of such employees who perform 
                                work for such a person for compensation 
                                fluctuates, the number may be 
                                determined for a calendar year based 
                                upon the average number of such 
                                employees who performed work for the 
                                person for compensation during the 
                                preceding calendar year; or
                                    (bb) is part of an integrated 
                                enterprise, chain of businesses, group 
                                of franchises associated with a 
                                franchisor, or network of franchises 
                                that, in the aggregate, employs more 
                                than 500 employees, calculated in 
                                accordance with item (aa); and
                            (II) for purposes of section 202, employs, 
                        directly or in the aggregate as described in 
                        subclause (I)(bb), more than 15 employees, 
                        calculated in accordance with subclause 
                        (I)(aa);
                    (ii) includes--
                            (I) any person who acts, directly or 
                        indirectly, in the interest of such an employer 
                        to any of the employees (described in clause 
                        (i)) of such employer; and
                            (II) any successor in interest of such an 
                        employer; and
                    (iii) includes an agency described in subparagraph 
                (A)(iii) of section 101(4) of the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2611(4)), to which 
                subparagraph (B) of such section shall apply;
                    (B) is an entity employing a State employee 
                described in section 304(a) of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a));
                    (C) is an employing office, as defined in section 
                101 of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301);
                    (D) is an employing office, as defined in section 
                411(c) of title 3, United States Code;
                    (E) is an employing agency covered under subchapter 
                V of chapter 63 of title 5, United States Code; or
                    (F) is the Comptroller General of the United 
                States.
            (4) Person.--The term ``person'', except as used with the 
        term ``person in commerce'', has the meaning given the term in 
        section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203(a)).
            (5) Person in commerce.--
                    (A) In general.--The term ``person in commerce'' 
                means any person who is engaged in commerce, in any 
                industry or activity affecting commerce, or in the 
                production of goods for commerce.
                    (B) Commerce.--In subparagraph (A), the term 
                ``commerce'' includes government.

SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS OF HOURS WORKED.

    (a) Rule.--
            (1) In general.--An employer shall not discriminate against 
        an employee on the basis that such employee is scheduled to 
        work fewer hours per week, or is employed for a shorter 
        expected duration, than another employee of the employer if the 
        jobs of such employees require substantially equal skill, 
        effort, responsibility, and duties and such jobs are performed 
        under similar working conditions.
            (2) Examples.--Discrimination described in paragraph (1) 
        shall include differential treatment with respect to--
                    (A) rate of compensation;
                    (B) notice of, and input into, work hours;
                    (C) eligibility to accrue, on a pro rata basis, 
                employer-provided paid and unpaid time off and other 
                benefits;
                    (D) promotion opportunities; or
                    (E) other terms, conditions, or privileges of 
                employment.
    (b) Distinctions Permitted.--This section shall not be construed to 
prohibit differences in rate of compensation, or other conditions, 
terms, or privileges of employment, of employees of an employer for 
reasons other than the number of hours the employees are scheduled to 
work per week, or the expected duration of employment of the employees, 
including for reasons such as--
            (1) the date on which the employees are hired;
            (2) a merit system; or
            (3) a system that measures earnings by quantity per hour or 
        quality of production.

SEC. 203. OFFER OF WORK TO EXISTING EMPLOYEES.

    (a) Written Statements Required.--
            (1) In general.--Upon hiring an employee, an employer 
        shall--
                    (A) obtain a written statement of the employee's 
                desired number of weekly work hours and the days and 
                times the employee is available to work;
                    (B) notify the employee that this written statement 
                may be modified in writing at any time during 
                employment; and
                    (C) specify the process to modify the written 
                statement.
    (b) Offer of Desired Weekly Work Hours to Existing Employees.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer shall schedule an employee of the employer to work the 
        number of weekly hours identified by the employee as desired 
        weekly hours in a written statement under subsection (a) prior 
        to hiring any new employee from an external applicant pool, 
        including hiring through the use of a temporary services or 
        staffing agency, or contracting with a contractor or 
        subcontractor, to work such hours.
            (2) Exceptions.--An employer may hire an individual as a 
        new employee, or engage a contractor or subcontractor, to 
        perform work for the employer if--
                    (A) the employer needs to fill hours for which no 
                employees of the employer who have provided written 
                statements under subsection (a) are available based on 
                such written statements;
                    (B) all employees of the employer who have provided 
                written statements under subsection (a) lack, and 
                cannot obtain with reasonable training, the 
                qualifications necessary to perform the work; or
                    (C) scheduling any such employee to perform the 
                work would require providing such employee overtime 
                compensation at a rate not less than one and one half 
                times the regular rate at which the employee is 
                employed, in accordance with section 7 of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 207) or any 
                State law.
    (c) Compensation Required.--
            (1) In general.--Except as provided in paragraph (2), an 
        employee (referred to in this subsection as an ``existing 
        employee'') who is not scheduled for the desired number of 
        total weekly work hours identified by the employee in a written 
        statement under subsection (a) shall be compensated for each 
        hour worked by a newly hired employee, contractor, or 
        subcontractor hired after the existing employee so identified 
        such number of hours, during an hour that such existing 
        employee identified in a written statement under such 
        subsection as an hour for which the employee is available to 
        work.
            (2) Exception.--An employer shall not be required to 
        compensate an existing employee under paragraph (1) for any 
        hour of work for which--
                    (A) the employee lacks, or cannot obtain with 
                reasonable training, the qualifications necessary to 
                perform the work;
                    (B) scheduling such employee to perform the work 
                would require providing the employee overtime 
                compensation as described in subsection (b)(2)(C);
                    (C) the employer made a reasonable attempt to 
                contact the employee to work such hour and was unable 
                to reach the employee; or
                    (D) the employee was otherwise no longer available.
    (d) Definition.--For purposes of this section, the terms 
``written'', with respect to a statement, and ``writing'' mean a 
printed or printable communication in physical or electronic form.

SEC. 204. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any 
employer to interfere with, restrain, or deny the exercise or the 
attempt to exercise, any rights set forth under this title.
    (b) Retaliation Prohibited.--It shall be unlawful for any employer 
to discharge, threaten to discharge, demote, suspend, reduce work hours 
of, or otherwise discriminate (including taking any other adverse 
employment action) against any person because of an employee of the 
employer exercising the rights of the employee under this title or 
opposing any practice made unlawful by this title.
    (c) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against an individual because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to this title;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this title; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this title.

SEC. 205. REMEDIES AND ENFORCEMENT.

    (a) Investigative Authority.--
            (1) In general.--To ensure compliance with this title, 
        including any regulation or order issued under this title, the 
        Secretary shall have, subject to paragraph (3), the 
        investigative authority provided under section 11(a) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).
            (2) Obligation to keep and preserve records.--
                    (A) In general.--Each employer shall maintain for a 
                period of not less than 3 years, or for the duration of 
                any claim (including the duration of a related civil 
                action or investigation) pending pursuant to this 
                title, whichever is longer, all records necessary to 
                demonstrate compliance with this title, including 
                compliance with the requirements of regulations issued 
                by the Secretary under section 206. Such records shall 
                include documentation of offers of hours of work to 
                employees and responses to such offers.
                    (B) Copies.--Each employer shall, upon a reasonable 
                request of an employee of the employer, provide the 
                employee with a copy of the records described in 
                subparagraph (A) relating to the employee.
            (3) Required submissions generally limited to an annual 
        basis.--The Secretary shall not require, under the authority of 
        this subsection, any employer to submit to the Secretary any 
        books or records more than once during any 12-month period, 
        unless the Secretary has reasonable cause to believe there may 
        exist a violation of this title, including any regulation or 
        order issued pursuant to this title, or is investigating a 
        charge pursuant to subsection (c).
            (4) Subpoena powers.--For the purposes of any investigation 
        provided for in this subsection, the Secretary shall have the 
        subpoena authority provided for under section 9 of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 209).
    (b) Civil Action by Employees.--
            (1) Liability.--
                    (A) In general.--Any employer who violates section 
                202, 203, or 204 (each such provision referred to in 
                this section as a ``covered provision'') shall be 
                liable to any person affected for--
                            (i) damages equal to the amount of--
                                    (I) any wages, salary, employment 
                                benefits (as defined in section 101 of 
                                the Family and Medical Leave Act of 
                                1993 (29 U.S.C. 2611)), or other 
                                compensation denied, lost, or owed to 
                                such employee by reason of the 
                                violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits (as so 
                                defined), 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 subparagraph 
                        (B), an additional amount as liquidated damages 
                        equal to the sum of the amount described in 
                        clause (i) and the interest described in clause 
                        (ii); and
                            (iv) such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (B) Exception for liquidated damages.--If an 
                employer who has violated a covered 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 
                believing that the act or omission was not a violation 
                of a covered provision, such court may, in the 
                discretion of the court, reduce the amount of liability 
                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 employer (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 employees 
                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, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (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, interest, or equitable relief described in paragraph 
        (1)(A) 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 sections 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 paragraph (3)), with respect 
        to such an alleged 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 
        concerning the order, in accordance with the requirements of 
        sections 554, 556, and 557 of title 5, United States Code. Such 
        hearing shall be conducted expeditiously.
            (3) Civil penalty.--
                    (A) In general.--An employer who willfully and 
                repeatedly violates--
                            (i) section 204(a) shall be subject to a 
                        civil penalty in an amount to be determined by 
                        the Secretary, but not to exceed $100 per 
                        violation (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 exceed $1,100 per violation (subject to 
                        subparagraph (B)).
                    (B) Inflation.--The Secretary shall, for each year 
                beginning with calendar year 2021, increase the 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 2019 and the December prior to the 
                year for which the increase takes effect.
            (4) Civil action.--
                    (A) In general.--The Secretary may bring an action 
                in any court of competent jurisdiction on behalf of 
                aggrieved employees to--
                            (i) restrain violations of this title;
                            (ii) obtain such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion; and
                            (iii) in the case of a violation of a 
                        covered provision, recover the damages, 
                        interest, and equitable relief described in 
                        clauses (i) through (iv) of subsection 
                        (b)(1)(A).
                    (B) Recovery on behalf of employees.--Any sums 
                recovered by the Secretary under subparagraph (A) on 
                behalf of an employee shall be held in a special 
                deposit account and shall be paid, on order of the 
                Secretary, directly to the employee affected. Any such 
                sums not paid to an employee because of inability to do 
                so within a period of three years shall be deposited in 
                the Treasury and credited to miscellaneous receipts.
    (d) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this section 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, 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 employee under this section 
        for the purposes of this subsection, it shall be considered to 
        be commenced on the date when the complaint is filed.
    (e) Other Administrative Officers.--
            (1) Employees covered by congressional accountability act 
        of 1995.--The powers and procedures provided in the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
        seq.) to the Board (as defined in section 101 of that Act (2 
        U.S.C. 1301)), or any person, alleging a violation of section 
        202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers 
        and procedures this title provides to that Board, or any 
        person, alleging a violation of this title against an employee 
        described in section 201(2)(C).
            (2) Employees covered by chapter 5 of title 3, united 
        states code.--The powers and procedures provided in chapter 5 
        of title 3, United States Code, to the President, the Merit 
        Systems Protection Board, or any person, alleging a violation 
        of section 412(a)(1) of that title, shall be the powers and 
        procedures this title provides to the President, that Board, or 
        any person, respectively, alleging a violation of this title 
        against an employee described in section 201(2)(D).
            (3) Employees covered by chapter 63 of title 5, united 
        states code.--The powers and procedures provided in title 5, 
        United States Code, 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 violation 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 title, 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 Workplace Rights shall issue such regulations as 
        may be necessary to implement this title with respect to 
        employees described in section 201(2)(C). The procedures 
        applicable to regulations of the Board issued for the 
        implementation of the Congressional Accountability 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 
        regulations issued under this subsection.
            (2) Consideration.--In prescribing the regulations, 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. 2611 et seq.), under the Congressional 
        Accountability 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 extent 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.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the President shall issue such 
        regulations as may be necessary to implement this title with 
        respect to employees described in section 201(2)(D).
            (2) Consideration.--In prescribing the regulations, 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 extent that the President may determine, for good 
        cause shown and stated together with the regulations 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 of Personnel Management shall 
        issue such regulations as may be necessary to implement this 
        title with respect to employees described in section 201(2)(E).
            (2) Consideration.--In prescribing the regulations, 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 extent that the Office may determine, for good 
        cause shown and stated together with the regulations issued by 
        the Office, that a modification of such substantive 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 Comptroller General of the United 
        States shall issue such regulations as may be necessary to 
        implement this title with respect to employees of the 
        Government Accountability Office.
            (2) Consideration.--In prescribing the regulations, the 
        Comptroller General shall take into consideration the 
        enforcement and remedies provisions concerning the Comptroller 
        General under title I of the Family and Medical Leave Act of 
        1993.
            (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 extent 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.
                                 <all>