§ 412 TITLE 3—THE PRESIDENT Page 50

to implement paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b).

(2) AGENCY REGULATIONS.—The regulations

issued under paragraph (1) shall be the same as

substantive regulations promulgated by the

appropriate officer of an executive agency to

implement the statutory provisions referred

to in paragraphs (1) and (3) of subsection (a)

and paragraphs (1) and (3) of subsection (b)—

(A) except to the extent that the President

or designee 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; and

(B) except that the President or designee

may, at the discretion of the President or

designee, issue regulations to implement a

provision of section 717 of the Civil Rights

Act of 1964 or section 501 of the Rehabilitation Act of 1973 that applies to employees in

the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in paragraph (1) or (3) of

subsection (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regulations—

(i) would be equally effective for the implementation of the rights and protections

under this section; and

(ii) would promote uniformity in the application of Federal law to employees in

the executive branch of the Federal Government.

(e) APPLICABILITY.—Subsections (a) through

(c), and section 417 (to the extent that it relates

to any matter under this section), shall apply

with respect to violations occurring on or after

the effective date of this chapter.

(f) EFFECTIVE DATE.—This section shall take

effect on October 1, 1997.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4055.)

REFERENCES IN TEXT

Sections 703, 706, and 717 of the Civil Rights Act of

1964, referred to in subsecs. (a)(1), (b)(1)(A), and

(d)(2)(B), are classified to sections 2000e–2, 2000e–5, and

2000e–16, respectively, of Title 42, The Public Health

and Welfare.

Sections 7 and 15 of the Age Discrimination in Employment Act of 1967, referred to in subsecs. (a)(1) and

(b)(2), are classified to sections 626 and 633a, respectively, of Title 29, Labor.

Sections 501 and 505 of the Rehabilitation Act of 1973,

referred to in subsecs. (a)(3), (b)(3)(A), and (d)(2)(B), are

classified to sections 791 and 794a, respectively, of Title

29.

Sections 102 to 104 and 107 of the Americans with Disabilities Act of 1990, referred to in subsecs. (a)(3) and

(b)(3)(A), are classified to sections 12112 to 12114 and

12117, respectively, of Title 42, The Public Health and

Welfare.

Sections 1977 and 1977A of the Revised Statutes, referred to in subsec. (b)(1)(B), (3)(B), are classified to sections 1981 and 1981a, respectively, of Title 42.

Section 3(2) of the Federal Advisory Committee Act,

referred to in subsec. (c)(1)(B), is section 3(2) of Pub. L.

92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

The effective date of this chapter, referred to in subsec. (e), is Oct. 1, 1997, unless otherwise provided, see

section 471 of this title.

EFFECTIVE DATE

Subsec. (d) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

REGULATIONS

For provisions requiring that appropriate measures

be taken to ensure that any regulations required to implement this section be in effect by Oct. 1, 1997, see section 2(b)(1) of Pub. L. 104–331, set out as a note under

section 401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 402, 421, 454,

471 of this title; title 28 section 3901.

§ 412. Rights and protections under the Family

and Medical Leave Act of 1993

(a) FAMILY AND MEDICAL LEAVE RIGHTS AND

PROTECTIONS PROVIDED.—

(1) IN GENERAL.—The rights and protections

established by sections 101 through 105 of the

Family and Medical Leave Act of 1993 shall

apply to covered employees.

(2) DEFINITIONS.—For purposes of the application described in paragraph (1)—

(A) the term ‘‘employer’’ as used in the

Family and Medical Leave Act of 1993 means

any employing office; and

(B) the term ‘‘eligible employee’’ as used

in the Family and Medical Leave Act of 1993

means a covered employee who has been employed in any employing office for 12 months

and for at least 1,250 hours of employment

during the previous 12 months.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be such remedy, including

liquidated damages, as would be appropriate if

awarded under paragraph (1) of section 107(a) of

the Family and Medical Leave Act of 1993.

(c) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The President, or the designee of the President, shall issue regulations

to implement this section.

(2) AGENCY REGULATIONS.—The regulations

issued under paragraph (1) shall be the same as

substantive regulations promulgated by the

Secretary of Labor to implement the statutory provisions referred to in subsections (a)

and (b)—

(A) except to the extent that the President

or designee 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; and

(B) except that the President or designee

may, at the discretion of the President or

designee, issue regulations to implement a

provision of subchapter V of chapter 63 of

title 5, United States Code, that applies to

employees in the executive branch of the

Federal Government in lieu of an analogous

statutory provision referred to in subsection

(a) or (b), if the issuance of such regulations—

(i) would be equally effective for the implementation of the rights and protections

under this section; and

(ii) would promote uniformity in the application of Federal law to employees in
Page 51 TITLE 3—THE PRESIDENT § 414

the executive branch of the Federal Government.

(d) EFFECTIVE DATE.—Subsections (a) and (b)

shall take effect on the earlier of—

(1) the effective date of regulations issued

under subsection (c); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4057.)

REFERENCES IN TEXT

The Family and Medical Leave Act of 1993, referred to

in subsecs. (a) and (b), is Pub. L. 103–3, Feb. 5, 1993, 107

Stat. 6, as amended, which enacted sections 60m and

60n of Title 2, The Congress, sections 6381 to 6387 of

Title 5, Government Organization and Employees, and

chapter 28 (§2601 et seq.) of Title 29, Labor, amended

section 2105 of Title 5, and enacted provisions set out as

notes under section 2601 of Title 29. Sections 101 to 105

and 107 of the Act are classified to sections 2611 to 2615

and 2617, respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note

set out under section 2601 of Title 29 and Tables.

EFFECTIVE DATE

Subsec. (c) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 471 of this

title.

§ 413. Rights and protections under the Fair

Labor Standards Act of 1938

(a) FAIR LABOR STANDARDS.—

(1) IN GENERAL.—The rights and protections

established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair

Labor Standards Act of 1938 shall apply to covered employees.

(2) INTERNS AND VOLUNTEERS.—For the purposes of this section, the term ‘‘covered employee’’ does not include an intern or a volunteer as defined in regulations under subsection

(c).

(3) COMPENSATORY TIME.—Except as provided

in regulations under subsection (c)(3), covered

employees may not receive compensatory time

in lieu of overtime compensation.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be such damages, including

liquidated damages, as would be appropriate if

awarded under section 16(b) of the Fair Labor

Standards Act of 1938.

(c) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The President, or the designee of the President, shall issue regulations

to implement this section.

(2) AGENCY REGULATIONS.—Except as provided in paragraph (3), the regulations issued

under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory

provisions referred to in subsections (a) and

(b) except to the extent that the President or

designee 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) IRREGULAR WORK SCHEDULES.—The President or designee shall issue regulations for

covered employees whose work schedules directly depend on the schedule of the President

or the Vice President that shall be comparable

to the provisions in the Fair Labor Standards

Act of 1938 that apply to employees who have

irregular work schedules.

(d) EFFECTIVE DATE.—Subsections (a) and (b)

shall take effect on the earlier of—

(1) the effective date of regulations issued

under subsection (c); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4058.)

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in

subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch.

676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. Sections 6, 7, 12, and 16 of the Act are classified to sections

206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section

201 of Title 29 and Tables.

EFFECTIVE DATE

Subsec. (c) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 471 of this

title.

§ 414. Rights and protections under the Employee Polygraph Protection Act of 1988

(a) POLYGRAPH PRACTICES PROHIBITED.—No

employing office may require a covered employee to take a lie detector test where such a

test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section

3 of the Employee Polygraph Protection Act of

1988. In addition, the waiver provisions of section 6(d) of such Act shall apply to covered employees.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be such damages as would be

appropriate if awarded under section 6(c)(1) of

the Employee Polygraph Protection Act of 1988.

(c) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The President, or the designee of the President, shall issue regulations

to implement this section.

(2) AGENCY REGULATIONS.—The regulations

issued under paragraph (1) shall be the same as

substantive regulations promulgated by the

Secretary of Labor to implement the statutory provisions referred to in subsections (a)

and (b) except to the extent that the President

or designee 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.

(d) EFFECTIVE DATE.—Subsections (a) and (b)

shall take effect on the earlier of—

(1) the effective date of regulations issued

under subsection (c); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4058.)