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2 U.S.C. § 1316 — Rights and protections relating to vet-

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1316 — Rights and protections relating to vet-

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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Stable record: federal_law:legal_authorities:usc2024-470714b229ef9509bdf540da
Source file: Laws/federal/codes/united-states-code-2024/title-2/section-1316-rights-and-protections-relating-to-vet--3d8c762c2b.md
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Source location: USCODE-2024-title2-chap24-subchapII-partA-sec1316.pdf

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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 eligible employee reemploy- ment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2) Definitions For purposes of this section— (A) the term ‘‘eligible employee’’ means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been terminated upon occurrence of any of the events enumerated in section 4304 of title 38, (B) the term ‘‘covered employee’’ includes employees of the Government Account- ability Office, and (C) the term ‘‘employing office’’ includes the Government Accountability Office. (b) Remedy The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 4323(d) of title 38. (c) Regulations to implement section (1) In general The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section. (2) Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to im- plement the statutory provisions referred to in subsection (a) except to the extent that 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. (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, § 206, Jan. 23, 1995, 109 Stat. 12; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–275, title VII, § 703(b), Oct. 13, 2010, 124 Stat. 2888; Pub. L. 115–141, div. I, title I, § 153(a)(2)(C), Mar. 23, 2018, 132 Stat. 785.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out ‘‘and the Library of Congress’’ after ‘‘the Government Accountability Office’’. 2010—Subsec. (b). Pub. L. 111–275 substituted ‘‘under section 4323(d) of title 38’’ for ‘‘under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38’’. 2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and text. § 1316a. Legislative branch appointments (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). (2) Rights and protections The rights and protections established under section 2108, sections 3309 through 3312, and sub- chapter 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

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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 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

2 U.S.C. § 1301 — Definitions

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

Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1316 — Rights and protections relating to veterans’ 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4311&num=0&edition=prelim), against an eligible employee; (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2) **Definitions** — For purposes of this section— (A) the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of [section 4303(13) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303/13&num=0&edition=prelim), whose service has not been terminated upon occurrence of any of the events enumerated in [section 4304 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4304&num=0&edition=prelim), (B) the term “covered employee” includes employees of the Government Accountability Office, and (C) the term “employing office” includes the Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under [section 4323(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323/d&num=0&edition=prelim). **(c) Regulations to implement section** (1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition

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