Page 787 TITLE 29—LABOR § 2635

replacement during periods of family and

medical leave.

(2) not later than 2 years after the date on

which the Commission first meets, prepare

and submit, to the appropriate Committees of

Congress, a report concerning the subjects

listed in paragraph (1).

(Pub. L. 103–3, title III, §302, Feb. 5, 1993, 107

Stat. 23.)

REFERENCES IN TEXT

This Act, referred to in par. (1)(A), (D), is Pub. L.

103–3, Feb. 5, 1993, 107 Stat. 6, known as the Family and

Medical Leave Act of 1993, which enacted this chapter,

sections 60m and 60n of Title 2, The Congress, and sections 6381 to 6387 of Title 5, Government Organization

and Employees, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of

this title and Tables.

§ 2633. Membership

(a) Composition

(1) Appointments

The Commission shall be composed of 12 voting members and 4 ex officio members to be

appointed not later than 60 days after February 5, 1993, as follows:

(A) Senators

One Senator shall be appointed by the Majority Leader of the Senate, and one Senator

shall be appointed by the Minority Leader of

the Senate.

(B) Members of House of Representatives

One Member of the House of Representatives shall be appointed by the Speaker of

the House of Representatives, and one Member of the House of Representatives shall be

appointed by the Minority Leader of the

House of Representatives.

(C) Additional members

(i) Appointment

Two members each shall be appointed

by—

(I) the Speaker of the House of Representatives;

(II) the Majority Leader of the Senate;

(III) the Minority Leader of the House

of Representatives; and

(IV) the Minority Leader of the Senate.

(ii) Expertise

Such members shall be appointed by virtue of demonstrated expertise in relevant

family, temporary disability, and labor

management issues. Such members shall

include representatives of employers, including employers from large businesses

and from small businesses.

(2) Ex officio members

The Secretary of Health and Human Services, the Secretary of Labor, the Secretary of

Commerce, and the Administrator of the

Small Business Administration shall serve on

the Commission as nonvoting ex officio members.

(b) Vacancies

Any vacancy on the Commission shall be filled

in the manner in which the original appointment was made. The vacancy shall not affect

the power of the remaining members to execute

the duties of the Commission.

(c) Chairperson and vice chairperson

The Commission shall elect a chairperson and

a vice chairperson from among the members of

the Commission.

(d) Quorum

Eight members of the Commission shall constitute a quorum for all purposes, except that a

lesser number may constitute a quorum for the

purpose of holding hearings.

(Pub. L. 103–3, title III, §303, Feb. 5, 1993, 107

Stat. 24.)

§ 2634. Compensation

(a) Pay

Members of the Commission shall serve without compensation.

(b) Travel expenses

Members of the Commission shall be allowed

reasonable travel expenses, including a per diem

allowance, in accordance with section 5703 of

title 5 when performing duties of the Commission.

(Pub. L. 103–3, title III, §304, Feb. 5, 1993, 107

Stat. 25.)

§ 2635. Powers

(a) Meetings

The Commission shall first meet not later

than 30 days after the date on which all members are appointed, and the Commission shall

meet thereafter on the call of the chairperson or

a majority of the members.

(b) Hearings and sessions

The Commission may hold such hearings, sit

and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission

may administer oaths or affirmations to witnesses appearing before it.

(c) Access to information

The Commission may secure directly from any

Federal agency information necessary to enable

it to carry out this subchapter, if the information may be disclosed under section 552 of title

5. Subject to the previous sentence, on the request of the chairperson or vice chairperson of

the Commission, the head of such agency shall

furnish such information to the Commission.

(d) Use of facilities and services

Upon the request of the Commission, the head

of any Federal agency may make available to

the Commission any of the facilities and services of such agency.

(e) Personnel from other agencies

On the request of the Commission, the head of

any Federal agency may detail any of the personnel of such agency to serve as an Executive

Director of the Commission or assist the Com-
§ 2636 TITLE 29—LABOR Page 788

mission in carrying out the duties of the Commission. Any detail shall not interrupt or otherwise affect the civil service status or privileges

of the Federal employee.

(f) Voluntary service

Notwithstanding section 1342 of title 31, the

chairperson of the Commission may accept for

the Commission voluntary services provided by

a member of the Commission.

(Pub. L. 103–3, title III, §305, Feb. 5, 1993, 107

Stat. 25.)

§ 2636. Termination

The Commission shall terminate 30 days after

the date of the submission of the report of the

Commission to Congress.

(Pub. L. 103–3, title III, §306, Feb. 5, 1993, 107

Stat. 25.)

SUBCHAPTER III—MISCELLANEOUS

PROVISIONS

§ 2651. Effect on other laws

(a) Federal and State antidiscrimination laws

Nothing in this Act or any amendment made

by this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color,

national origin, sex, age, or disability.

(b) State and local laws

Nothing in this Act or any amendment made

by this Act shall be construed to supersede any

provision of any State or local law that provides

greater family or medical leave rights than the

rights established under this Act or any amendment made by this Act.

(Pub. L. 103–3, title IV, §401, Feb. 5, 1993, 107

Stat. 26.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103–3, Feb. 5,

1993, 107 Stat. 6, known as the Family and Medical

Leave Act of 1993, which enacted this chapter, sections

60m and 60n of Title 2, The Congress, and sections 6381

to 6387 of Title 5, Government Organization and Employees, amended section 2105 of Title 5, and enacted

provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of

this title and Tables.

EFFECTIVE DATE

Subchapter effective 6 months after Feb. 5, 1993, see

section 405(b)(1) of Pub. L. 103–3, set out as a note under

section 2601 of this title.

§ 2652. Effect on existing employment benefits

(a) More protective

Nothing in this Act or any amendment made

by this Act shall be construed to diminish the

obligation of an employer to comply with any

collective bargaining agreement or any employment benefit program or plan that provides

greater family or medical leave rights to employees than the rights established under this

Act or any amendment made by this Act.

(b) Less protective

The rights established for employees under

this Act or any amendment made by this Act

shall not be diminished by any collective bargaining agreement or any employment benefit

program or plan.

(Pub. L. 103–3, title IV, §402, Feb. 5, 1993, 107

Stat. 26.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103–3, Feb. 5,

1993, 107 Stat. 6, known as the Family and Medical

Leave Act of 1993, which enacted this chapter, sections

60m and 60n of Title 2, The Congress, and sections 6381

to 6387 of Title 5, Government Organization and Employees, amended section 2105 of Title 5, and enacted

provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of

this title and Tables.

§ 2653. Encouragement of more generous leave

policies

Nothing in this Act or any amendment made

by this Act shall be construed to discourage employers from adopting or retaining leave policies

more generous than any policies that comply

with the requirements under this Act or any

amendment made by this Act.

(Pub. L. 103–3, title IV, §403, Feb. 5, 1993, 107

Stat. 26.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103–3, Feb. 5,

1993, 107 Stat. 6, known as the Family and Medical

Leave Act of 1993, which enacted this chapter, sections

60m and 60n of Title 2, The Congress, and sections 6381

to 6387 of Title 5, Government Organization and Employees, amended section 2105 of Title 5, and enacted

provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of

this title and Tables.

§ 2654. Regulations

The Secretary of Labor shall prescribe such

regulations as are necessary to carry out subchapter I of this chapter and this subchapter not

later than 120 days after February 5, 1993.

(Pub. L. 103–3, title IV, §404, Feb. 5, 1993, 107

Stat. 26.)

CHAPTER 29—WORKERS TECHNOLOGY

SKILL DEVELOPMENT

Sec.

2701. Findings.

2702. Purposes.

2703. Definitions.

2704. Grants.

(a) In general.

(b) Eligibility.

(c) Use of amounts.

(d) Terms of grants and non-Federal

shares.

(e) Evaluation.

2705. Identification and dissemination of best practices.

(a) In general.

(b) Distribution.

2706. Authorization of appropriations.

(a) In general.

(b) Availability.

§ 2701. Findings

The Congress finds and declares the following: