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2 U.S.C. § 1316a — Legislative branch appointments
Federal law — U.S. Code and appendices · legal_authorities
(1) **Definitions** — For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)).
(2) **Rights and protections** — The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees.
(3) **Remedies**
(A) *In general* — The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title.
(B) *Procedure* — The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [[2 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim)] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [[2 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) et seq.].
(4) **Regulations to implement section**
(A) *In general* — The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1384](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement this section.
(B) *Agency regulations* — The regulations issued under subparagraph (A) shall be the same as the most relevan
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Source location: Title 2, Chapter 24, § 1316a; chapter-024-congressional-accountability.md
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(1) **Definitions** — For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)).
(2) **Rights and protections** — The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees.
(3) **Remedies**
(A) *In general* — The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title.
(B) *Procedure* — The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [[2 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim)] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [[2 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) et seq.].
(4) **Regulations to implement section**
(A) *In general* — The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1384](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement this section.
(B) *Agency regulations* — The regulations issued under subparagraph (A) shall be the same as the most relevant substantive regulations (applicable with respect to the executive branch) promulgated to implement the statutory provisions referred to in paragraph (2) except insofar as the Board 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.
(C) *Coordination* — The regulations issued under subparagraph (A) shall be consistent with section 225 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1361&num=0&edition=prelim)).
(5) **Applicability** — Notwithstanding any other provision of this section, the term “covered employee” shall not, for purposes of this section, include an employee—
(A) whose appointment is made by the President with the advice and consent of the Senate;
(B) whose appointment is made by a Member of Congress or by a committee or subcommittee of either House of Congress; or
(C) who is appointed to a position, the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim)).
(6) **Effective date** — Paragraphs (2) and (3) shall be effective as of the effective date of the regulations under paragraph (4).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
(2) **Rulemaking procedure** — Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
**(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection:
(1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discriminatory practices prohibited** All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–2&num=0&edition=prelim));
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 633a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim)); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12112–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112–121&num=0&edition=prelim)14).
**(b) Remedy**
(1) **Civil rights** — The remedy for a violation of subsection (a)(1) shall be—
(A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–5(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/g&num=0&edition=prelim)); and
(B) such compensatory damages as would be appropriate if awarded under [section 1981 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2) **Age discrimination** — The remedy for a violation o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Attorney’s fees** If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim), is a prevailing party in any proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under [section 2000e–5(k) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/k&num=0&edition=prelim).
**(b) Interest** In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under [section 2000e–16(d) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/d&num=0&edition=prelim).
**(c) Civil penalties and punitive damages** No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
**(d) Exclusive procedure**
(1) **In general** — Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter.
(2) **Veterans** — A covered employee under [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1316&num=0&edition=prelim) may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
**(e) Construction**
(1) **Definitions and exemptions** — Except where inc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and review of claims** Except as otherwise provided, the procedure for consideration of an alleged violation of part A of subchapter II consists of—
(1) the filing of a claim by the covered employee alleging the violation, as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim);
(2) the preliminary review of the claim, to be conducted by a hearing officer as provided in [section 1402a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a&num=0&edition=prelim);
(3) mediation as provided in [section 1403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1403&num=0&edition=prelim), if requested and agreed to by the parties under that section; and
(4) a formal hearing as provided in [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), subject to Board review as provided in [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406&num=0&edition=prelim) and judicial review in the United States Court of Appeals for the Federal Circuit as provided in [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim).
**(b) Right of employee to file civil action**
(1) **Civil action** — Only a covered employee who has filed a claim timely as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and who has not submitted a request for a hearing on the claim pursuant to [section 1405(a) of this title](https://uscode
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title—
(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and
(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
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Federal law — U.S. Code and appendices · legal_authorities
Page 305
TITLE 2—THE CONGRESS
§ 1301
Sec.
1403.
Mediation.
1404.
Repealed.
1405.
Hearing.
1406.
Appeal to Board.
1407.
Judicial review of Board decisions and en-
forcement.
1408.
Civil action.
1409.
Judicial review of regulations.
1410.
Other judicial review prohibited.
1411.
Effect of failure to issue regulations.
1412.
Expedited review of certain appeals.
1413.
Privileges and immunities.
1414.
Settlement.
1415.
Payments.
1416.
Confidentiality.
1417.
Option to request remote work assignment or
paid leave of absence during pendency of
procedures.
SUBCHAPTER V—MISCELLANEOUS PROVISIONS
1431.
Exercise of rulemaking powers.
1432.
Political affiliation and place of residence.
1433.
Nondiscrimination rules of House and Senate.
1434.
Judicial branch coverage study.
1435.
Savings provisions.
1436.
Repealed.
1437.
Sense of Senate regarding adoption of sim-
plified and streamlined acquisition proce-
dures for Senate acquisitions.
1437a.
Training and education programs of employ-
ing offices.
1437b.
Support for out-of-area covered employees.
1438.
Severability.
SUBCHAPTER I—GENERAL
§ 1301. Definitions
(a) In general
Except as otherwise specifically provided in
this chapter, as used in this chapter:
(1) Board
The term ‘‘Board’’ means the Board of Direc-
tors of the Office of Congressional Workplace
Rights.
(2) Chair
The term ‘‘Chair’’ means the Chair of the
Board of Directors of the Office of Congres-
sional Workplace Rights.
(3) Covered employee
The term ‘‘covered employee’’ means any
employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessi-
bility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Cap-
itol
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Federal law — U.S. Code and appendices · legal_authorities
Page 309
TITLE 2—THE CONGRESS
§ 1311
15 (§ 651 et seq.) of Title 29. For complete classification
of this Act to the Code, see Short Title note set out
under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, re-
ferred to in subsec. (a)(8), is Pub. L. 100–347, June 27,
1988, 102 Stat. 646, which is classified generally to chap-
ter 22 (§ 2001 et seq.) of Title 29. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification
Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug.
4, 1988, 102 Stat. 890, which is classified generally to
chapter 23 (§ 2101 et seq.) of Title 29. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355,
which is classified generally to chapter 16 (§ 701 et seq.)
of Title 29. For complete classification of this Act to
the Code, see Short Title note set out under section 701
of Title 29 and Tables.
The Genetic Information Nondiscrimination Act of
2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May
21, 2008, 122 Stat. 881. Title II of the Act is classified
generally to chapter 21F (§ 2000ff et seq.) 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 2000ff of Title 42 and Tables.
AMENDMENTS
2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).
2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2019 AMENDMENT
Subsec. (a)(12) of this
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Federal law — U.S. Code and appendices · legal_authorities
Page 314
TITLE 2—THE CONGRESS
§ 1316
plement the statutory provisions referred to
in subsection (a) except insofar as the Board
may determine, for good cause shown and stat-
ed together with the regulation, that a modi-
fication of such regulations would be more ef-
fective for the implementation of the rights
and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year
after January 23, 1995.
(2) Government Accountability Office and Li-
brary of Congress
This section shall be effective with respect
to the Government Accountability Office and
the Library of Congress 1 year after trans-
mission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, § 205, Jan. 23, 1995, 109
Stat. 11; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 115–141, div. I, title I,
§ 153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–141 struck out ‘‘and
the Library of Congress’’ after ‘‘the Government Ac-
countability Office’’ in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’ in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in heading and text.
§ 1316. Rights and protections relating to vet-
erans’ employment and reemployment
(a) Employment and reemployment rights of
members of uniformed services
(1) In general
It shall be unlawful for an employing office
to—
(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of title
38, against an eligible employee;
(B) deny to an eligi
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Federal law — U.S. Code and appendices · legal_authorities
Page 322
TITLE 2—THE CONGRESS
§ 1361
fice of the Majority Leader of the Senate,
the Office of the Minority Leader of the Sen-
ate, the Office of the Majority Whip of the
Senate, the Office of the Minority Whip of
the Senate, the Conference of the Majority
of the Senate, the Conference of the Minor-
ity of the Senate, the Office of the Secretary
of the Conference of the Majority of the Sen-
ate, the Office of the Secretary of the Con-
ference of the Minority of the Senate, the
Office of the Secretary for the Majority of
the Senate, the Office of the Secretary for
the Minority of the Senate, the Majority
Policy Committee of the Senate, the Minor-
ity Policy Committee of the Senate, and the
following offices within the Office of the
Secretary of the Senate: Offices of the Par-
liamentarian, Bill Clerk, Legislative Clerk,
Journal Clerk, Executive Clerk, Enrolling
Clerk, Official Reporters of Debate, Daily
Digest, Printing Services, Captioning Serv-
ices, and Senate Chief Counsel for Employ-
ment;
(D) the Office of the Speaker of the House
of Representatives, the Office of the Major-
ity Leader of the House of Representatives,
the Office of the Minority Leader of the
House of Representatives, the Offices of the
Chief Deputy Majority Whips, the Offices of
the Chief Deputy Minority Whips and the
following offices within the Office of the
Clerk of the House of Representatives: Of-
fices of Legislative Operations, Official Re-
porters of Debate, Official Reporters to Com-
mittees, Printing Services, and Legislative
Information;
(E) the Office of the Legislative Counsel of
the Senate, the Office of the Senate Legal
Counsel, the Office of the Legislative Coun-
sel of the House of Representatives, the Of-
fice of the General Counsel of the House of
Repres
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