Page:United States Statutes at Large Volume 106 Part 2.djvu/165

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PUBLIC LAW 102-367 —SEPT. 7, 1992 106 STAT. 1045 "(r) The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this Act shall be the Federal requirements generally applicable to Federal grants to States and local governments. ". SEC. 132. BENEFITS. Section 142 of the Act (29 U.S.C. 1552) is amended— (1) in subsection (a), by adding at the end the following new paragraph: "(4) References in paragraphs (2) and (3) to section 6(a)(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1))— "(A) shall be deemed to be references to section 6(c) of that Act for individuals in the Commonwealth of Puerto Rico; "(B) shall be deemed to be references to section 6(a)(3) of that Act for individuals in American Samoa; and "(C) shall not be applicable for individuals in other territorial jurisdictions in which section 6 of the Fair Labor Standards Act of 1938 does not apply."; and (2) in subsection (b), by striking "other than programs" and inserting "other than as provided". SEC. 133. LABOR STANDARDS. Section 143(b)(2) of the Act (29 U.S.C. 1553(b)(2)) is amended to read as follows: "(2) No program under this Act shall impair— "(A) existing contracts for services; or "(B) existing collective bargaining agreements, unless the employer and the labor organization concur in writing with respect to any elements of the proposed activities which affect such agreement, or either such party fails to respond to written notification requesting its concurrence within 30 days of receipt thereof". SEC. 134. GRIEVANCE PROCEDURE. (a) IN GENERAL.— Section 144 of the Act (29 U.S.C. 1554) is amended by adding at the end the following new subsections: "(d)(1) If a person alleges a violation of section 143 and such person exhausts the recipient's grievance procedure or the 60-day time period described in subsection (a) has elapsed without a decision, either party to such procedure may submit the grievance to the Secretary. The Secretary shall investigate the allegations contained in the grievance and make a determination as to whether a violation of section 143 has occurred. "(2) If the results of the investigation conducted pursuant to paragraph (1) indicate that a modification or reversal of the decision issued pursuant to the recipient's grievance procedure is warranted, or the 60-day time period described in subsection (a) has elapsed without a decision, the Secretary may modify or reverse the decision, or issue a decision if no decision has been issued, as the case may be, after an opportunity for a hearing in accordance with the procedures under section 166. "(3) If the Secretary determines that the decision issued pursuant to the recipient's grievance procedure is appropriate, the determination shall become the final decision of the Secretary. "(e)(1) A person alleging a violation of section 143 may, as an alternative to the procedures described in this section, submit the grievance involving such violation to a binding grievance procedure