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102 through 104 of the Americans with Disabilities
Act of 1990.
‘‘(b) REMEDY.—
‘‘(1) CIVIL RIGHTS.—The remedy for a viola-
tion of subsection (a)(1) shall be—
‘‘(A) such damages as would be appro-
priate if awarded under section 706(g) of the
Civil Rights Act of 1964; and
‘‘(B) such compensatory damages as would
be appropriate if awarded under section 1977
of the Revised Statutes, or as would be appro-
priate if awarded under sections 1977A(a)(1),
1977A(b)(2), and, irrespective of the size of the
employing office, 1977A(b)(3)(D) of the Re-
vised Statutes.
‘‘(2) AGE DISCRIMINATION.—The remedy for a
violation of subsection (a)(2) shall be—
‘‘(A) such damages as would be appro-
priate if awarded under section 15(c) of the
Age Discrimination in Employment Act of
1967; and
‘‘(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of
such Act.
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In addition, the waiver provisions of section 7(f) of
such Act shall apply to covered employees.
‘‘(3) DISABILITIES DISCRIMINATION.—The rem-
edy for a violation of subsection (a)(3) shall be—
‘‘(A) such damages as would be appro-
priate if awarded under section 505(a)(1) of the
Rehabilitation Act of 1973 or section 107(a) of
the Americans with Disabilities Act of 1990;
and
‘‘(B) such compensatory damages as would
be appropriate if awarded under sections
1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and,
irrespective of the size of the employing office,
1977A(b)(3)(D) of the Revised Statutes.
‘‘(c) DEFINITIONS.—Except as otherwise specifically
provided in this section, as used in this section:
‘‘(1) COVERED EMPLOYEE.—The term ‘covered
employee’ means any employee of a unit of the exec-
utive branch, including the Executive Office of the
President, whether appointed by the President or by
any other appointing authority in the executive
branch, who is not otherwise entitled to bring an ac-
tion under any of the statutes referred to in sub-
section (a), but does not include any individual—
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‘‘(A) whose appointment is made by and
with the advice and consent of the Senate;
‘‘(B) who is appointed to an advisory com-
mittee, as defined in section 3(2) of the Federal
Advisory Committee Act; or
‘‘(C) who is a member of the uniformed
services.
‘‘(2) EMPLOYING OFFICE.—The term ‘employ-
ing office’, with respect to a covered employee,
means the office, agency, or other entity in which
the covered employee is employed (or sought employ-
ment or was employed in the case of an applicant or
former employee, respectively).
‘‘(d) 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.
‘‘SEC. 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 Fam-
ily and Medical Leave Act of 1993 shall apply to
covered employees.
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‘‘(2) DEFINITIONS.—For purposes of the appli-
cation 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 em-
ployed 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 sub-
section (a) shall be such damages, including liquidated
damages, as would be appropriate if awarded under para-
graph (1) of section 107(a) of the Family and Medical
Leave Act of 1993.
‘‘SEC. 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 em-
ployees.
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‘‘(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 pro-
vided 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 sub-
section (a) shall be such damages, including liquidated
damages, as would be appropriate if awarded under sec-
tion 16(b) of the Fair Labor Standards Act of 1938.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.
‘‘(2) AGENCY REGULATIONS.—Except as pro-
vided in paragraph (3), the regulations issued under
paragraph (1) shall be the same as substantive regu-
lations promulgated by the Secretary of Labor to
implement the statutory provisions referred to in
subsection (a) except insofar as the President may
determine, for good cause shown and stated together
with the regulation, that a modification of such reg-
ulations would be more effective for the implementa-
tion of the rights and protections under this section.
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‘‘(3) 
IRREGULAR
WORK
SCHEDULES.—The
President shall issue regulations for covered employ-
ees 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 employ-
ees who have irregular work schedules.
‘‘SEC. 414. RIGHTS AND PROTECTIONS UNDER THE EM-
PLOYEE POLYGRAPH PROTECTION ACT OF
1988.
‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No em-
ploying 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 sub-
section (a) shall be such damages as would be appropriate
if awarded under section 6(c)(1) of the Employee Poly-
graph Protection Act of 1988.
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President shall issue
regulations to implement this section.