Title 2The CongressRelease 119-73

§1316a Legislative branch appointments

Title 2 › Chapter CHAPTER 24— - CONGRESSIONAL ACCOUNTABILITY › Subchapter SUBCHAPTER II— - EXTENSION OF RIGHTS AND PROTECTIONS › Part Part A— - Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 1316a

Last updated Apr 6, 2026|Official source

Summary

Gives covered employees the same federal workplace protections found in section 2108, sections 3309–3312, and subchapter I of chapter 35 of title 5, and says the terms “covered employee” and “Board” mean what 2 U.S.C. 1301 says. If those protections are violated, the remedy is the same as what title 5 would provide for the matching rules, and the process to bring a claim follows the procedure in section 401 of the Congressional Accountability Act (2 U.S.C. 1401). Requires the Board to write rules under section 304 of the Congressional Accountability Act (2 U.S.C. 1384). Those rules should match the most relevant executive-branch rules for the same title 5 provisions unless the Board shows good cause to change them, and they must follow section 225 (2 U.S.C. 1361). “Covered employee” does not include someone appointed by the President with Senate approval, someone appointed by a Member of Congress or a congressional committee or subcommittee, or someone in a job equivalent to the Senior Executive Service (see 5 U.S.C. 3132(a)(2)). Paragraphs (2) and (3) take effect when the Board’s rules become effective.

Full Legal Text

Title 2, §1316a

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(1)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)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)(A)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)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] (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 et seq.].
(4)(A)The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), issue regulations to implement this section.
(B)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)The regulations issued under subparagraph (A) shall be consistent with section 225 of the Congressional Accountability Act of 1995 (2 U.S.C. 1361).
(5)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).
(6)Paragraphs (2) and (3) shall be effective as of the effective date of the regulations under paragraph (4).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Congressional Accountability Act of 1995, referred to in par. (3)(B), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3. Part A (§§ 201–207) of title II of the Act is classified principally to this part. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables. Codification Section was enacted as part of the Veterans Employment Opportunities Act of 1998, and not as part of the Congressional Accountability Act of 1995 which comprises this chapter.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1316a

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73