§ 401. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC401]
TITLE 3--THE PRESIDENT
CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL
OFFICES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4054.)
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.
