§401 — Title 3 The President | U.S. Code

Summary

Defines key words used in the chapter. Board means the Merit Systems Protection Board (chapter 12, title 5). Covered employee means any employee of an employing office. Employee also includes job applicants and former employees. Employing office means parts of the Executive Office of the President, the White House Executive Residence, or the Vice President’s official residence. Some sections change these meanings: section 411 replaces both terms; section 412 uses the definition in 412(a)(2)(B); section 413 excludes interns and volunteers (413(a)(2)); section 416 uses 416(a)(2).

Title 3, §401

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(a)Except as otherwise specifically provided in this chapter, as used in this chapter:

(1)The term “Board” means the Merit Systems Protection Board under chapter 12 of title 5.

(2)The term “covered employee” means any employee of an employing office.

(3)The term “employee” includes an applicant for employment and a former employee.

(4)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)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).

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Pub. L. 104–331, § 2(b), Oct. 26, 1996, 110 Stat. 4068, provided that: “Appropriate measures shall be taken to ensure that— “(1) any

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required to implement section 411 of title 3, United States Code, shall be in effect by October 1, 1997; and “(2) any other

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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 Pub. L. 104–331, § 4, Oct. 26, 1996, 110 Stat. 4071, 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)

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.—“(1) In general.—The President, or the designee of the President, shall issue

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to implement such provision. “(2) Agency

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.—The

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issued under paragraph (1) to implement a provision shall be the same as substantive

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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

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would be more effective for the implementation of the rights and protections under the section.”

§401 Definitions

Summary

Title 3, §401

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