§ 401 TITLE 3—THE PRESIDENT Page 48

454. Appropriate agencies.

455. Effect of failure to issue regulations.

456. Confidentiality.

SUBCHAPTER IV—EFFECTIVE DATE

471. Effective date.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 28 sections 1296,

1346, 1413, 3901, 3902, 3903, 3904, 3905, 3906, 3907.

SUBCHAPTER I—GENERAL PROVISIONS

§ 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.

§ 402. Application of laws

The following laws shall apply, as prescribed

by this chapter, to all employing offices (including employing offices within the meaning of section 411, to the extent prescribed therein):

(1) The Fair Labor Standards Act of 1938.

(2) Title VII of the Civil Rights Act of 1964.

(3) The Americans with Disabilities Act of

1990.

(4) The Age Discrimination in Employment

Act of 1967.

(5) The Family and Medical Leave Act of

1993.

(6) The Occupational Safety and Health Act

of 1970.

(7) Chapter 71 (relating to Federal service

labor-management relations) of title 5.

(8) The Employee Polygraph Protection Act

of 1988.

(9) The Worker Adjustment and Retraining

Notification Act.

(10) The Rehabilitation Act of 1973.

(11) Chapter 43 (relating to veterans’ employment and reemployment) of title 38.

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

Stat. 4054.)

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in

par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified generally to chapter 8

(§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29

and Tables.

The Civil Rights Act of 1964, referred to in par. (2), is

Pub. L. 88–352, July 2, 1964, 78 Stat. 252, as amended.

Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The

Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out

under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred

to in par. (3), is Pub. L. 101–336, July 26, 1990, 104 Stat.