Page 53 TITLE 3—THE PRESIDENT § 421

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.

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

Stat. 4060.)

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, 435, 471 of

this title.

§ 417. Prohibition of intimidation or reprisal

(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).

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

Stat. 4061.)

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

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

(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 Old

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 Old 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 sub-