3 U.S.C. § 421 — Rights and protections under the Ameri-

Page 63 TITLE 3—THE PRESIDENT § 421 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title. § 416. Rights and protections relating to vet- erans’ employment and reemployment (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 reemploy- ment 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 termi- nated 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 section 4323(d) of title 38. (c) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The President, or the des- ignee 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 statu- tory 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 regula- tion, that a modification of such regulations would be more effective for the implementa- tion 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 employ- ees in the executive branch of the Federal Government in lieu of an analogous statu- tory provision referred to in subsection (a) or (b), if the issuance of such regulations— (i) would be equally effective for the im- plementation of the rights and protections under this section; and (ii) would promote uniformity in the ap- plication of Federal law to employees in the executive branch of the Federal Gov- ernment. (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; amended Pub. L. 111–275, title VII, § 703(c), Oct. 13, 2010, 124 Stat. 2888.) Editorial Notes AMENDMENTS 2010—Subsec. (b). Pub. L. 111–275 substituted ‘‘under section 4323(d) of title 38’’ for ‘‘under paragraphs (1) and (2)(A) of section 4323(c) of title 38’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) 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 testi- fied, assisted, or participated in any manner in a hearing or other proceeding under this chap- ter. (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 pro- tected under subsection (a). (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4061.) PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 § 421. Rights and protections under the Ameri- cans with Disabilities Act of 1990 (a) RIGHTS AND PROTECTIONS.—The rights and protections against discrimination in the provi- sion of public services and accommodations es- tablished by sections 201, 202, and 204, and sec- tions 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 Build- ing, the New Executive Office Buildings, and any other facility to the extent that offices are pro- vided 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 sen- tence shall be enforced in accordance with appli- cable provisions of such section 203 or 308, as the case may be. Page 64 TITLE 3—THE PRESIDENT § 425 (c) DEFINITION.—For purposes of the applica- tion 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 pro- vided, 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 des- ignee 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 regula- tion, that a modification of such regulations would be more effective for the implementa- tion 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 en- titled ‘‘An Act to insure that certain build- ings financed with Federal funds are so de- signed and constructed as to be accessible to the physically handicapped’’, approved Au- gust 12, 1968 (commonly known as the ‘‘Ar- chitectural Barriers Act of 1968’’) or section 501 of the Rehabilitation Act of 1973 that ap- plies to agencies of the executive branch of the Federal Government in lieu of an analo- gous statutory provision referred to in sub- section (a) or (b), if the issuance of such reg- ulations— (i) would be equally effective for the im- plementation of the rights and protections under this section; and (ii) would promote uniformity in the ap- plication of Federal law to agencies of the executive branch of the Federal Govern- ment. (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. (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4061; amended Pub. L. 106–92, § 2, Nov. 9, 1999, 113 Stat. 1309.) Editorial Notes 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, which is classified principally to chapter 126 (§ 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. AMENDMENTS 1999—Subsecs. (a), (c). Pub. L. 106–92 substituted ‘‘Dwight D. Eisenhower Executive Office Building’’ for ‘‘Old Executive Office Building’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title. PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 § 425. Rights and protections under the Occupa- tional Safety and Health Act of 1970; proce- dures for remedy of violations (a) OCCUPATIONAL SAFETY AND HEALTH PROTEC- TIONS.— (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 appli- cation 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 ap- propriate if issued under section 13(a) of the Oc- cupational Safety and Health Act of 1970. (c) PROCEDURES.— (1) REQUESTS FOR INSPECTIONS.—Upon writ- ten 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 em- ploying offices in accordance with subsections (a), (d), (e), and (f) of section 8 of the Occupa- tional Safety and Health Act of 1970. (2) CITATIONS, NOTICES, AND NOTIFICATIONS.— The Secretary of Labor shall have the author- ity, 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 cita- tion has been issued within the period per- mitted 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