
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 3USC421]

 
                         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
 
Sec. 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 
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.

(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.)

                       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.


                               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.

                  Section Referred to in Other Sections

    This section is referred to in sections 435, 471 of this title; 
title 28 section 3905.
