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2 U.S.C. § 1316 — Rights and protections relating to vet-
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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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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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301
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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
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 1301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1316
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