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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2850 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2850

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2023

 Ms. Warren (for herself, Mr. Sanders, Mr. Whitehouse, Mr. Markey, Mr. 
Casey, Mr. Booker, Mr. Welch, Mrs. Murray, and Mr. Padilla) 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 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''.

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.
 TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME AND TEMPORARY 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 90 
                days by the employer with respect to whom leave is 
                requested under section 102.''.
    (b) Amendments to Related Statutes.--
            (1) Congressional accountability act of 1995.--Section 
        202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and 
        for at least 1,250 hours of employment during the previous 12 
        months'' and inserting ``at least 90 days''.
            (2) Title 3, united states code.--Section 412(a)(2)(B) of 
        title 3, United States Code, is amended by striking ``12 months 
        and for at least 1,250 hours of employment during the previous 
        12 months'' and inserting ``at least 90 days''.
            (3) Title 5, united states code.--Chapter 63 of title 5, 
        United States Code, is amended--
                    (A) in section 6381(1)(B), by striking ``at least 
                12 months of service'' and inserting ``at least 90 days 
                of service''; and
                    (B) in section 6382(d)(2)(E), by striking ``at 
                least 12 months of service'' and inserting ``at least 
                90 days of service''.
    (c) Conforming Amendments.--
            (1) Section 101(2) of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2611(2)) is amended--
                    (A) by striking subparagraphs (C) and (D); and
                    (B) by redesignating subparagraph (E) as 
                subparagraph (C).
            (2) Section 102(a) of such Act (29 U.S.C. 2612(a)) is 
        amended by striking paragraph (5).
    (d) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall take effect beginning on the date that is 1 year after 
the date of enactment of this Act.

 TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME AND TEMPORARY 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 (F), 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) employs more than 15 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
                            (II) 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 15 employees, calculated in accordance 
                        with subclause (I);
                    (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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

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.--Upon hiring an employee, an 
employer shall--
            (1) 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;
            (2) notify the employee that this written statement may be 
        modified in writing at any time during employment; and
            (3) 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 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 
                existing employees who have provided written statements 
                under subsection (a) are available based on such 
                written statements;
                    (B) all existing employees 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 such paragraph), 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 be less than $500, or 
                        more than $1,000, 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 be less than $1,100, or more than 
                        $5,000, per violation (subject to subparagraph 
                        (B)).
                    (B) Inflation.--The Secretary shall, for each year 
                beginning with calendar year 2024, increase the minimum 
                and 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 2023 and 
                the December prior to the year for which the increase 
                takes effect.
                    (C) Willful violation.--For purposes of this 
                section, an employer willfully violates a provision of 
                section 204 when, after taking into account all of the 
                facts and circumstances surrounding the violation, it 
                is determined that the employer--
                            (i) knew that its conduct was prohibited by 
                        such section; or
                            (ii) showed reckless disregard for the 
                        requirements of such section.
            (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 3 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 (as described in 
        subsection (c)(3)), 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 Act, 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. 2601 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 (29 U.S.C. 2611 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 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.
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