1997 U.S. Code
Title 3 - THE PRESIDENT
CHAPTER 5 - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 401 - Definitions.

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§401. Definitions.

(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).

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

Short Title

Section 1(a) of Pub. L. 104–331 provided that: “This Act [enacting this section and sections 402, 411 to 417, 421, 425, 431, 435, 451 to 456, and 471 of this title and sections 1296, 1413, and 3901 to 3908 of Title 28, Judiciary and Judicial Procedure, amending sections 1346 and 2402 of Title 28, repealing section 1219 of Title 2, The Congress, and enacting provisions set out as notes under this section, section 1219 of Title 2, and section 1296 of Title 28] may be cited as the ‘Presidential and Executive Office Accountability Act’.”

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.”

Section Referred to in Other Sections

This section is referred to in title 28 section 3908.