§1316 — Title 2 The Congress | U.S. Code

§1316 Rights and Protections Relating to Veterans’ Employment and Reemployment

Title 2 › Chapter 24— CONGRESSIONAL ACCOUNTABILITY › Subchapter II— EXTENSION OF RIGHTS AND PROTECTIONS › 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 › § 1316

Last updated Apr 3, 2026|Official source

Summary

Employing offices must not treat employees who serve in the uniformed services unfairly. They must not deny those employees the right to be rehired when their service ends. They also must not refuse the benefits that Title 38 (sections 4316–4318) gives to such employees. Eligible employee = a covered employee serving in the uniformed services whose service has not ended for reasons listed in section 4304. Covered employee = includes employees of the Government Accountability Office. Employing office = includes the Government Accountability Office. If the law is broken, the remedy is the same as under section 4323(d) of Title 38. The Board must make rules under section 1384, generally matching the Department of Labor’s rules unless it shows good cause to change them. Subsections (a) and (b) take effect 1 year after January 23, 1995, except for the GAO and the Library of Congress, which start 1 year after Congress receives the study required by section 1371.

Title 2, §1316

The Congress — Source: USLM XML via OLRC

(a)(1)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 reemployment rights within the meaning of section 4312 and 4313 of title 38; or

(C)deny to an eligible employee benefits within the meaning of section 4316, 4317, and 4318 of title 38.

(2)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 Accountability Office, and

(C)the term “employing office” includes the Government Accountability Office.

(b)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)(1)The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.

(2)The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement 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)(1)Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after January 23, 1995.

(2)This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.

Notes & Related Subsidiaries

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 Accounting Office”. Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.