US (United States) Code. Title 3. Chapter 5: Extension of certain rights and protections to Presidential Offices

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The President

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-CITE-

3 USC CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND

PROTECTIONS TO PRESIDENTIAL OFFICES 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

.

-HEAD-

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

401. Definitions.

402. Application of laws.

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

PART A - EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR

LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT

AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND

INTIMIDATION

411. Rights and protections under title VII of the Civil Rights Act

of 1964, the Age Discrimination in Employment Act of 1967, the

Rehabilitation Act of 1973, and title I of the Americans with

Disabilities Act of 1990.

412. Rights and protections under the Family and Medical Leave Act

of 1993.

413. Rights and protections under the Fair Labor Standards Act of

1938.

414. Rights and protections under the Employee Polygraph Protection

Act of 1988.

415. Rights and protections under the Worker Adjustment and

Retraining Notification Act.

416. Rights and protections relating to veterans' employment and

reemployment.

417. Prohibition of intimidation or reprisal.

PART B - PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990

421. Rights and protections under the Americans With Disabilities

Act of 1990. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

PART C - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

425. Rights and protections under the Occupational Safety and

Health Act of 1970; procedures for remedy of violations.

PART D - LABOR-MANAGEMENT RELATIONS

431. Application of chapter 71 of title 5, relating to Federal

service labor-management relations; procedures for remedy of

violations.

PART E - GENERAL

435. Generally applicable remedies and limitations.

SUBCHAPTER III - ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION

PROCEDURES

451. Procedure for consideration of alleged violations.

452. Counseling and mediation.

453. Election of proceeding.

454. Appropriate agencies.

455. Effect of failure to issue regulations.

456. Confidentiality.

SUBCHAPTER IV - EFFECTIVE DATE

471. Effective date.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 28 sections 1296, 1346,

1413, 3901, 3902, 3903, 3904, 3905, 3906, 3907.

-CITE-

3 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

3 USC Sec. 401 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 401. Definitions

-STATUTE-

(a) In General. - Except as otherwise specifically provided in

this chapter, as used in this chapter:

(1) Board. - The term ''Board'' means the Merit Systems

Protection Board under chapter 12 of title 5.

(2) Covered employee. - The term ''covered employee'' means any

employee of an employing office.

(3) Employee. - The term ''employee'' includes an applicant for

employment and a former employee.

(4) Employing office. - The term ''employing office'' means -

(A) each office, agency, or other component of the Executive

Office of the President;

(B) the Executive Residence at the White House; and

(C) the official residence (temporary or otherwise) of the

Vice President.

(b) Definitions Relating to Certain Matters. - For purposes of

applying this chapter with respect to any practice or other matter

-

(1) to which section 411 relates, the terms ''employing

office'' and ''covered employee'' shall each be considered to

have the meaning given to the term by such section;

(2) to which section 412 relates, the term ''covered employee''

means a covered employee described in section 412(a)(2)(B);

(3) to which section 413 relates, the term ''covered employee''

excludes interns and volunteers, as described in section

413(a)(2); and

(4) to which section 416 relates, the term ''covered employee''

means a covered employee described in section 416(a)(2).

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4054.)

-MISC1-

REGULATIONS

Section 2(b) of Pub. L. 104-331 provided that: ''Appropriate

measures shall be taken to ensure that -

''(1) any regulations required to implement section 411 of

title 3, United States Code, shall be in effect by October 1,

1997; and

''(2) any other regulations needed to implement chapter 5 of

title 3, United States Code, shall be in effect as soon as

practicable, but not later than October 1, 1998.''

APPLICABILITY OF FUTURE EMPLOYMENT LAWS

Section 4 of Pub. L. 104-331 provided that:

''(a) In General. - Each provision of Federal law that is made

applicable to the legislative branch under section 102 of the

Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that

is enacted later than 12 months after the date of the enactment of

this Act (Oct. 26, 1996), shall be deemed to apply with respect to

'employing offices' and 'covered employees' (within the meaning of

section 401 of title 3, United States Code, as added by this Act),

unless such law specifically provides otherwise and expressly cites

this section.

''(b) Regulations. -

''(1) In general. - The President, or the designee of the

President, shall issue regulations to implement such provision.

''(2) Agency regulations. - The regulations issued under

paragraph (1) to implement a provision shall be the same as

substantive regulations promulgated by the head of the

appropriate executive agency to implement the provision, 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 the section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 3908.

-CITE-

3 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 402. Application of laws

-STATUTE-

The following laws shall apply, as prescribed by this chapter, to

all employing offices (including employing offices within the

meaning of section 411, to the extent prescribed therein):

(1) The Fair Labor Standards Act of 1938.

(2) Title VII of the Civil Rights Act of 1964.

(3) The Americans with Disabilities Act of 1990.

(4) The Age Discrimination in Employment Act of 1967.

(5) The Family and Medical Leave Act of 1993.

(6) The Occupational Safety and Health Act of 1970.

(7) Chapter 71 (relating to Federal service labor-management

relations) of title 5.

(8) The Employee Polygraph Protection Act of 1988.

(9) The Worker Adjustment and Retraining Notification Act.

(10) The Rehabilitation Act of 1973.

(11) Chapter 43 (relating to veterans' employment and

reemployment) of title 38.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4054.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in par. (1), is

act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is

classified generally to chapter 8 (Sec. 201 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

section 201 of Title 29 and Tables.

The Civil Rights Act of 1964, referred to in par. (2), is Pub. L.

88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII of the

Act is classified generally to subchapter VI (Sec. 2000e et seq.)

of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in par.

(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,

which is classified principally to chapter 126 (Sec. 12101 et seq.)

of Title 42. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of Title 42 and

Tables.

The Age Discrimination in Employment Act of 1967, referred to in

par. (4), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as

amended, which is classified generally to chapter 14 (Sec. 621 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 29 and Tables.

The Family and Medical Leave Act of 1993, referred to in par.

(5), 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 (Sec. 2601 et seq.) of Title 29, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

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.

The Occupational Safety and Health Act of 1970, referred to in

par. (6), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

The Employee Polygraph Protection Act of 1988, referred to in

par. (8), is Pub. L. 100-347, June 27, 1988, 102 Stat. 646, as

amended, which is classified generally to chapter 22 (Sec. 2001 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 2001 of Title 29

and Tables.

The Worker Adjustment and Retraining Notification Act, referred

to in par. (9), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat. 890,

which is classified generally to chapter 23 (Sec. 2101 et seq.) of

Title 29. For complete classification of this Act to the Code, see

Short Title note set out under section 2101 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in par. (10), is Pub.

L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

-CITE-

3 USC SUBCHAPTER II - EXTENSION OF RIGHTS AND

PROTECTIONS 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

.

-HEAD-

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

-CITE-

3 USC Part A - Employment Discrimination, Family and

Medical Leave, Fair Labor Standards,

Employee Polygraph Protection, Worker

Adjustment and Retraining, E 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

.

-HEAD-

Part A - Employment Discrimination, Family and Medical Leave, Fair

and Retraining, Employment and Reemployment of Veterans, and

Intimidation

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 435, 451, 452, 454 of this

title.

-CITE-

3 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 411. Rights and protections under title VII of the Civil

Rights Act of 1964, the Age Discrimination in Employment Act of

1967, the Rehabilitation Act of 1973, and title I of the

Americans with Disabilities Act of 1990

-STATUTE-

(a) Discriminatory Practices Prohibited. - All personnel actions

affecting covered employees shall be made free from any

discrimination based on -

(1) race, color, religion, sex, or national origin, within the

meaning of section 703 of the Civil Rights Act of 1964;

(2) age, within the meaning of section 15 of the Age

Discrimination in Employment Act of 1967; or

(3) disability, within the meaning of section 501 of the

Rehabilitation Act of 1973 and sections 102 through 104 of the

Americans with Disabilities Act of 1990.

(b) Remedy. -

(1) Civil rights. - The remedy for a violation of subsection

(a)(1) shall be -

(A) such damages as would be appropriate 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 appropriate 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 Revised Statutes.

(2) Age discrimination. - The remedy for a violation of

subsection (a)(2) shall be -

(A) such damages as would be appropriate 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.

In addition, the waiver provisions of section 7(f) of such Act

shall apply to covered employees.

(3) Disabilities discrimination. - The remedy for a violation

of subsection (a)(3) shall be -

(A) such damages as would be appropriate 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 executive 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 action under

any of the statutes referred to in subsection (a), but does not

include any individual -

(A) whose appointment is made by and with the advice and

consent of the Senate;

(B) who is appointed to an advisory committee, 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 ''employing office'', with

respect to a covered employee, means the office, agency, or other

entity in which the covered employee is employed (or sought

employment or was employed in the case of an applicant or former

employee, respectively).

(d) Regulations To Implement Section. -

(1) In general. - The President, or the designee of the

President, shall issue regulations 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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4055.)

-REFTEXT-

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.

-MISC2-

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.

-SECREF-

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.

-CITE-

3 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 412. Rights and protections under the Family and Medical Leave

Act of 1993

-STATUTE-

(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 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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4057.)

-REFTEXT-

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 (Sec. 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.

-MISC2-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

3 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 413. Rights and protections under the Fair Labor Standards Act

of 1938

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4058.)

-REFTEXT-

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 (Sec.

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.

-MISC2-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

3 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 414. Rights and protections under the Employee Polygraph

Protection Act of 1988

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4058.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3 and 6 of the Employee Polygraph Protection Act of

1988, referred to in subsecs. (a) and (b), are classified to

sections 2002 and 2005, respectively, of Title 29, Labor.

-MISC2-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

-CITE-

3 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 415. Rights and protections under the Worker Adjustment and

Retraining Notification Act

-STATUTE-

(a) Worker Adjustment and Retraining Notification Rights. -

(1) In general. - Except as provided in paragraph (2), no

employing office shall be closed or mass layoff ordered within

the meaning of section 3 of the Worker Adjustment and Retraining

Notification Act until the end of a 60-day period after the

employing office serves written notice of such prospective

closing or layoff to representatives of covered employees or, if

there are no representatives, to covered employees.

(2) Exception. -

(A) In general. - In the event that a President (hereinafter

in this paragraph referred to as the ''previous President'') is

not elected to a successive term in office as a result of the

election of a new President -

(i) no notice or waiting period shall be required under

paragraph (1) with respect to the separation of any

individual described in subparagraph (B), if such separation

occurs pursuant to a closure or mass layoff ordered after the

term of the new President commences; and

(ii) if any individual is separated from service, or begins

a period of leave under the Family and Medical Leave Act of

1993, before such term commences, nothing in this chapter

shall require reinstatement or restoration to employment of

the individual after such term commences.

(B) Description of individuals. - An individual described in

this subparagraph is any covered employee serving pursuant to

an appointment made during -

(i) the term of office of the previous President; or

(ii) any term, earlier than the term referred to in clause

(i), during which such previous President served as President

or Vice President.

(b) Remedy. - The remedy for a violation of subsection (a) shall

be such damages as would be appropriate if awarded under paragraphs

(1), (2), and (4) of section 5(a) of the Worker Adjustment and

Retraining Notification Act.

(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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4059.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3 and 5 of the Worker Adjustment and Retraining

Notification Act, referred to in subsecs. (a)(1) and (b), are

classified to sections 2102 and 2104, respectively, of Title 29,

Labor.

The Family and Medical Leave Act of 1993, referred to in subsec.

(a)(2)(A)(ii), 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 (Sec. 2601 et seq.) of Title 29,

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

notes under section 2601 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.

-MISC2-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

-CITE-

3 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 416. Rights and protections relating to veterans' employment

and reemployment

-STATUTE-

(a) Employment and Reemployment Rights of Members of the

Uniformed Services. -

(1) In general. - It shall be unlawful for an employing office

to -

(A) discriminate, within the meaning of subsections (a) and

(b) of section 4311 of title 38, against an eligible employee;

(B) deny to an eligible employee reemployment rights within

the meaning of sections 4312 and 4313 of title 38; or

(C) deny to an eligible employee benefits within the meaning

of sections 4316, 4317, and 4318 of title 38.

(2) Definition. - For purposes of this section, the term

''eligible employee'' means a covered employee performing service

in the uniformed services, within the meaning of section 4303(13)

of title 38, whose service has not been terminated upon the

occurrence of any of the events enumerated in section 4304 of

such title.

(b) Remedy. - The remedy for a violation of subsection (a) shall

be such damages as would be appropriate if awarded under paragraphs

(1) and (2)(A) of section 4323(c) of title 38.

(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 section 4314 or 4324 of title 38,

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 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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4060.)

-MISC1-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 435, 471 of this

title.

-CITE-

3 USC Sec. 417 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 417. Prohibition of intimidation or reprisal

-STATUTE-

(a) In General. - It shall be unlawful for an employing office to

intimidate, take reprisal against, or otherwise discriminate

against, any covered employee because the covered employee has

opposed any practice made unlawful by this chapter, or because the

covered employee has initiated proceedings, made a charge, or

testified, assisted, or participated in any manner in a hearing or

other proceeding under this chapter.

(b) Remedy. - A violation of subsection (a) may be remedied by

any legal remedy available to redress the practice opposed by the

covered employee or other violation of law as to which the covered

employee initiated proceedings, made a charge, or engaged in other

conduct protected under subsection (a).

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4061.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 454 of this title.

-CITE-

3 USC Part B - Public Access Provisions Under the

Americans With Disabilities Act of 1990 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part B - Public Access Provisions Under the Americans With

Disabilities Act of 1990

.

-HEAD-

Part B - Public Access Provisions Under the Americans With

Disabilities Act of 1990

-CITE-

3 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part B - Public Access Provisions Under the Americans With

Disabilities Act of 1990

-HEAD-

Sec. 421. Rights and protections under the Americans with

Disabilities Act of 1990

-STATUTE-

(a) Rights and Protections. - The rights and protections against

discrimination in the provision of public services and

accommodations established by sections 201, 202, and 204, and

sections 302, 303, and 309, of the Americans with Disabilities Act

of 1990 shall apply, to the extent that public services, programs,

or activities are provided, with respect to the White House and its

appurtenant grounds and gardens, the Dwight D. Eisenhower Executive

Office Building, the New Executive Office Buildings, and any other

facility to the extent that offices are provided for employees of

the Executive Office of the President.

(b) Remedy. - The remedy for a violation of subsection (a) shall

be such remedy as would be appropriate if awarded under section 203

or 308 of the Americans with Disabilities Act of 1990, as the case

may be, except that, with respect to any claim of employment

discrimination, the exclusive remedy shall be under section 411 of

this title. A remedy under the preceding sentence shall be

enforced in accordance with applicable provisions of such section

203 or 308, as the case may be.

(c) Definition. - For purposes of the application under this

section of the Americans with Disabilities Act of 1990, the term

''public entity'' as used in such Act, means, to the extent that

public services, programs, or activities are provided, the White

House and its appurtenant grounds and gardens, the Dwight D.

Eisenhower Executive Office Building, the New Executive Office

Buildings, and any other facility to the extent that offices are

provided for employees of the Executive Office of the President.

(d) 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 appropriate officer of an executive agency 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 section 1, 2, 3, or 6 of the Act

entitled ''An Act to insure that certain buildings financed

with Federal funds are so designed and constructed as to be

accessible to the physically handicapped'', approved August 12,

1968 (commonly known as the ''Architectural Barriers Act of

1968'') or section 501 of the Rehabilitation Act of 1973 that

applies to agencies of 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 agencies of the executive branch of the Federal

Government.

(e) Effective Date. - Subsections (a), (b), and (c) shall take

effect on the earlier of -

(1) the effective date of regulations issued under subsection

(d); or

(2) October 1, 1998.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4061;

amended Pub. L. 106-92, Sec. 2, Nov. 9, 1999, 113 Stat. 1309.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsecs. (a) to (c), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.

Sections 201 to 204, 302, 303, 308, and 309 of the Act are

classified to sections 12131 to 12134, 12182, 12183, 12188, and

12189, respectively, of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

12101 of Title 42 and Tables.

Sections 1, 2, 3, and 6 of the Act of August 12, 1968, commonly

known as the Architectural Barriers Act of 1968, referred to in

subsec. (d)(2)(B), are classified to sections 4151 to 4153 and

4156, respectively, of Title 42.

Section 501 of the Rehabilitation Act of 1973, referred to in

subsec. (d)(2)(B), is classified to section 791 of Title 29, Labor.

-MISC2-

AMENDMENTS

1999 - Subsecs. (a), (c). Pub. L. 106-92 substituted ''Dwight D.

Eisenhower Executive Office Building'' for ''Old Executive Office

Building''.

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 471 of this title;

title 28 section 3905.

-CITE-

3 USC Part C - Occupational Safety and Health Act of

1970 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part C - Occupational Safety and Health Act of 1970

.

-HEAD-

Part C - Occupational Safety and Health Act of 1970

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 1296.

-CITE-

3 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part C - Occupational Safety and Health Act of 1970

-HEAD-

Sec. 425. Rights and protections under the Occupational Safety and

Health Act of 1970; procedures for remedy of violations

-STATUTE-

(a) Occupational Safety and Health Protections. -

(1) In general. - Each employing office and each covered

employee shall comply with the provisions of section 5 of the

Occupational Safety and Health Act of 1970.

(2) Definitions. - For purposes of the application under this

section of the Occupational Safety and Health Act of 1970 -

(A) the term ''employer'' as used in such Act means an

employing office; and

(B) the term ''employee'' as used in such Act means a covered

employee.

(b) Remedy. - The remedy for a violation of subsection (a) shall

be an order to correct the violation, including such order as would

be appropriate if issued under section 13(a) of the Occupational

Safety and Health Act of 1970.

(c) Procedures. -

(1) Requests for inspections. - Upon written request of any

employing office or covered employee, the Secretary of Labor

shall have the authority to inspect and investigate places of

employment under the jurisdiction of employing offices in

accordance with subsections (a), (d), (e), and (f) of section 8

of the Occupational Safety and Health Act of 1970.

(2) Citations, notices, and notifications. - The Secretary of

Labor shall have the authority, in accordance with sections 9 and

10 of the Occupational Safety and Health Act of 1970, to issue -

(A) a citation or notice to any employing office responsible

for correcting a violation of subsection (a); or

(B) a notification to any employing office that the Secretary

of Labor believes has failed to correct a violation for which a

citation has been issued within the period permitted for its

correction.

(3) Hearings and review. - If after issuing a citation or

notification, the Secretary of Labor determines that a violation

has not been corrected -

(A) the citation and notification shall be deemed a final

order (within the meaning of section 10(b) of the Occupational

Safety and Health Act of 1970) if the employer fails to notify

the Secretary of Labor within 15 days (excluding Saturdays,

Sundays, and Federal holidays) after receipt of the notice that

the employer intends to contest the citation or notification;

or

(B) opportunity for a hearing before the Occupational Safety

and Health Review Commission shall be afforded in accordance

with section 10(c) of the Occupational Safety and Health Act of

1970, if the employer gives timely notice to the Secretary that

he intends to contest the citation or notification.

(4) Variance procedures. - An employing office may request from

the Secretary of Labor an order granting a variance from a

standard made applicable by this section, in accordance with

sections 6(b)(6) and 6(d) of the Occupational Safety and Health

Act of 1970.

(5) Judicial review. - Any person or employing office aggrieved

by a final decision of the Occupational Safety and Health Review

Commission under paragraph (3) or the Secretary of Labor under

paragraph (4) may file a petition for review with the United

States Court of Appeals for the Federal Circuit under section

1296 of title 28.

(6) Compliance date. - If new appropriated funds are necessary

to correct a violation of subsection (a) for which a citation is

issued, or to comply with an order requiring correction of such a

violation, correction or compliance shall take place as soon as

possible, but not later than the end of the fiscal year following

the fiscal year in which the citation is issued or the order

requiring correction becomes final and not subject to further

review.

(d) 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 section 19 of the Occupational Safety

and Health Act of 1970 that applies to agencies or employees of

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 the executive branch of the Federal

Government.

(3) Employing office responsible for correction. - The

regulations issued under paragraph (1) shall include a method of

identifying, for purposes of this section and for different

categories of violations of subsection (a), the employing office

responsible for correction of a particular violation.

(e) Effective Date. - Subsections (a) through (c) shall take

effect on the earlier of -

(1) the effective date of regulations issued under subsection

(d); or

(2) October 1, 1998.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4062.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsecs. (a) to (c)(4) and (d)(2)(B), is Pub. L. 91-596, Dec. 29,

1970, 84 Stat. 1590, as amended, which is classified principally to

chapter 15 (Sec. 651 et seq.) of Title 29, Labor. Sections 5, 6, 8

to 10, 13, and 19 of the Act are classified to sections 654, 655,

657 to 659, 662, and 668, respectively, of Title 29. For complete

classification of this Act to the Code, see Short Title note set

out under section 651 of Title 29 and Tables.

-MISC2-

EFFECTIVE DATE

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

471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

-CITE-

3 USC Part D - Labor-Management Relations 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part D - Labor-Management Relations

.

-HEAD-

Part D - Labor-Management Relations

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 1296.

-CITE-

3 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part D - Labor-Management Relations

-HEAD-

Sec. 431. Application of chapter 71 of title 5, relating to Federal

service labor-management relations; procedures for remedy of

violations

-STATUTE-

(a) Labor-Management Rights. - Subject to subsection (d), chapter

71 of title 5 shall apply to employing offices and to covered

employees and representatives of those employees, except that

covered employees shall not have a right to reinstatement pursuant

to section 7118(a)(7)(C) or 7123 of title 5.

(b) Definition. - For purposes of the application under this

section of chapter 71 of title 5, the term ''agency'' as used in

such chapter means an employing office.

(c) Regulations To Implement Section. -

(1) In general. - The Federal Labor Relations Authority shall

issue regulations to implement this section.

(2) Agency regulations. - Except as provided in subsection (d),

the regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Authority to implement

the statutory provisions referred to in subsection (a), except -

(A) to the extent the Authority 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; or

(B) as the Authority may determine that a modification of

such regulations is necessary to avoid a conflict of interest

or appearance of a conflict of interest.

(d) Specific Regulations Regarding Applications to Certain

Employing Offices. -

(1) Regulations required. - The Authority shall issue

regulations on the manner and the extent to which the

requirements and exemptions of chapter 71 of title 5 should apply

to covered employees who are employed in the offices listed in

paragraph (2). The regulations shall, to the greatest extent

practicable, be consistent with the provisions and purposes of

chapter 71 of title 5 and of this chapter, and shall be the same

as the substantive regulations issued by the Authority under such

chapter, except -

(A) to the extent the Authority 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) that the Authority shall exclude from coverage under this

section any covered employees who are employed in offices

listed in paragraph (2) if the Authority determines that such

exclusion is required because of -

(i) a conflict of interest or appearance of a conflict of

interest; or

(ii) the President's or Vice President's constitutional

responsibilities.

(2) Offices referred to. - The offices referred to in paragraph

(1) include -

(A) the White House Office;

(B) the Executive Residence at the White House;

(C) the Office of the Vice President;

(D) the Office of Policy Development;

(E) the Council of Economic Advisers;

(F) the National Security Council;

(G) the Office of Management and Budget; and

(H) the Office of National Drug Control Policy.

(e) Effective Date. -

(1) In general. - Except as provided in paragraph (2),

subsections (a) and (b) shall take effect on the earlier of -

(A) the effective date of regulations issued under subsection

(c); or

(B) October 1, 1998.

(2) Certain employing offices. - Subsections (a) and (b) shall

take effect, with respect to employing offices, and employees of

employing offices, referred to in subsection (d)(2), on the

earlier of -

(A) the effective date of regulations issued under subsection

(d); or

(B) October 1, 1998.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4064.)

-MISC1-

EFFECTIVE DATE

Subsecs. (c) and (d) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

-CITE-

3 USC Part E - General 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part E - General

.

-HEAD-

Part E - General

-CITE-

3 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part E - General

-HEAD-

Sec. 435. Generally applicable remedies and limitations

-STATUTE-

(a) Attorney's Fees. - If a covered employee, with respect to any

claim under this chapter, or a qualified person with a disability,

with respect to any claim under section 421, is a prevailing party

in any proceeding under section 453(1), the administrative agency

may award attorney's fees, expert fees, and any other costs as

would be appropriate if awarded under section 706(k) of the Civil

Rights Act of 1964.

(b) Interest. - In any proceeding under section 453(1), the same

interest to compensate for delay in payment shall be made available

as would be appropriate if awarded under section 717(d) of the

Civil Rights Act of 1964.

(c) Civil Penalties and Punitive Damages. - Except as otherwise

provided in this chapter, no civil penalty or punitive damages may

be awarded with respect to any claim under this chapter.

(d) Exclusive Procedure. -

(1) In general. - Except as provided in paragraph (2), no

person may commence an administrative or judicial proceeding to

seek a remedy for the rights and protections afforded by this

chapter except as provided in this chapter and in sections 1296

and 1346(g) and chapter 179 of title 28.

(2) Veterans. - A covered employee under section 416 may also

utilize any provisions of chapter 43 of title 38 that are

applicable to that employee.

(e) Scope of Remedy. - Only a covered employee who has undertaken

and completed the procedures described in section 452 may be

granted a remedy under part A of this subchapter.

(f) Construction. -

(1) Definitions and exemptions. - Except where inconsistent

with definitions and exemptions provided in this chapter, the

definitions and exemptions in the laws made applicable by this

chapter shall apply under this chapter.

(2) Size limitations. - Notwithstanding paragraph (1),

provisions in the laws made applicable under this chapter (other

than paragraphs (2) and (3) of section 2(a) of the Worker

Adjustment and Retraining Notification Act) determining coverage

based on size, whether expressed in terms of numbers of

employees, amount of business transacted, or other measure, shall

not apply in determining coverage under this chapter.

(g) Political Affiliation. - It shall not be a violation of any

provision of this chapter to consider, or make any employment

decision based on, the party affiliation, or political

compatibility with the employing office, of an employee who is a

covered employee.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4066.)

-REFTEXT-

REFERENCES IN TEXT

Sections 706 and 717 of the Civil Rights Act of 1964, referred to

in subsecs. (a) and (b), are classified to sections 2000e-5 and

2000e-16, respectively, of Title 42, The Public Health and Welfare.

Section 2 of the Worker Adjustment and Retraining Notification

Act, referred to in subsec. (f)(2), is classified to section 2101

of Title 29, Labor.

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3 USC SUBCHAPTER III - ADMINISTRATIVE AND JUDICIAL

DISPUTE RESOLUTION PROCEDURES 01/06/03

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CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

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SUBCHAPTER III - ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION

PROCEDURES

.

-HEAD-

SUBCHAPTER III - ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION

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3 USC Sec. 451 01/06/03

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-HEAD-

Sec. 451. Procedure for consideration of alleged violations

-STATUTE-

The procedure for consideration of alleged violations of part A

of subchapter II consists of -

(1) counseling and mediation as provided in section 452; and

(2) election, as provided in section 453, of either -

(A) an administrative proceeding as provided in section

453(1) and judicial review as provided in section 1296 of title

28; or

(B) a civil action in a district court of the United States

as provided in section 1346(g) of title 28.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4067.)

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3 USC Sec. 452 01/06/03

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-HEAD-

Sec. 452. Counseling and mediation

-STATUTE-

(a) In General. - The President, or the designee of the

President, shall by regulation establish procedures substantially

similar to those under sections 402 and 403 of the Congressional

Accountability Act of 1995 for the counseling and mediation of

alleged violations of a law made applicable under part A of

subchapter II.

(b) Exhaustion Requirement. - A covered employee who has not

exhausted counseling and mediation under subsection (a) shall be

ineligible to make any election under section 453 or otherwise

pursue any further form of relief under this subchapter.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4067.)

-REFTEXT-

REFERENCES IN TEXT

Sections 402 and 403 of the Congressional Accountability Act of

1995, referred to in subsec. (a), are classified to sections 1402

and 1403, respectively, of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1997, except that subsec. (a) of this

section effective Oct. 26, 1996, see section 471 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 451, 456, 471 of

this title.

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3 USC Sec. 453 01/06/03

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Sec. 453. Election of proceeding

-STATUTE-

Not later than 90 days after a covered employee receives notice

of the end of the period of mediation, but no sooner than 30 days

after receipt of such notification, such covered employee may

either -

(1) file a complaint with the appropriate agency, as determined

under section 454; or

(2) file a civil action under section 1346(g) of title 28.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4067.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 451, 452, 455 of

this title; title 28 section 1346.

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3 USC Sec. 454 01/06/03

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Sec. 454. Appropriate agencies

-STATUTE-

(a) In General. - Except as provided in subsection (b), the

appropriate agency under this section with respect to an alleged

violation of part A of subchapter II shall be the Board. The

complaint in an action involving such an alleged violation shall be

processed under the procedures specified by the President, or the

designee of the President, in such regulations as the President or

designee may issue.

(b) Exceptions. -

(1) Discrimination. - For purposes of any action arising under

section 411 (or any action alleging intimidation, reprisal, or

discrimination under section 417 relating to any practice made

unlawful under section 411), the appropriate agency shall be the

Equal Employment Opportunity Commission, and the complaint in any

such action shall be processed under the same administrative

procedures as any such complaint filed by any employee in the

executive branch of the Federal Government (other than a covered

employee).

(2) Mixed cases. - In the case of any covered employee (within

the meaning of section 411) who has been affected by an action

which an employee of an executive agency may appeal to the Board

and who alleges that a basis for the action was discrimination

prohibited by section 411 (or any action alleging intimidation,

reprisal, or discrimination under section 417 relating to any

practice made unlawful under section 411), the initial

appropriate agency shall be the Board, and such matter shall

thereafter be processed in accordance with section 7702(a)-(d)

(disregarding paragraph (2) of such subsection (a)) and (f) of

title 5.

(3) Judicial review. - Notwithstanding any other provision of

law (including any provision of law referenced in paragraph (1)

or (2)), judicial review of any administrative decision under

this subsection shall be by appeal to the United States Court of

Appeals for the Federal Circuit under section 1296 of title 28.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4067.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1997, except that subsec. (a) of this

section effective Oct. 26, 1996, see section 471 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 453, 471 of this title;

title 28 section 1296.

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3 USC Sec. 455 01/06/03

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Sec. 455. Effect of failure to issue regulations

-STATUTE-

In any proceeding under section 453(1), if the President, or the

designee of the President, has not issued a regulation on a matter

for which this chapter requires a regulation to be issued, the

administrative agency shall apply, to the extent necessary and

appropriate, the most relevant substantive executive agency

regulation promulgated to implement the statutory provision at

issue in the proceeding.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4068.)

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3 USC Sec. 456 01/06/03

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Sec. 456. Confidentiality

-STATUTE-

(a) Counseling. - All counseling under section 452 shall be

strictly confidential, except that, with the consent of the covered

employee, the employing office may be notified.

(b) Mediation. - All mediation under section 452 shall be

strictly confidential.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4068.)

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3 USC SUBCHAPTER IV - EFFECTIVE DATE 01/06/03

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SUBCHAPTER IV - EFFECTIVE DATE

.

-HEAD-

SUBCHAPTER IV - EFFECTIVE DATE

-CITE-

3 USC Sec. 471 01/06/03

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SUBCHAPTER IV - EFFECTIVE DATE

-HEAD-

Sec. 471. Effective date

-STATUTE-

(a) In General. - Except as otherwise provided in this chapter,

this chapter shall take effect on October 1, 1997.

(b) Regulations. - Sections 411(d), 412(c), 413(c), 414(c),

415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a)

shall take effect on the date of enactment of this Act. (FOOTNOTE

1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4068.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (b),

probably means the date of enactment of Pub. L. 104-331, which

enacted this chapter and was approved Oct. 26, 1996.

-CITE-