Title 2, The CongressRelease 119-110

§1316a Legislative Branch Appointments

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 › § 1316a

Last updated Sep 22, 2026|Official source

Summary

Give covered employees certain federal job protections and the same remedies if those protections are broken, and require the Board to write rules to make this work. Two defined terms: "covered employee" and "Board" have the meanings in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301). The protections named are the ones in 5 U.S.C. (section 2108, sections 3309–3312, and subchapter I of chapter 35). Remedies for violations must match the remedies under the corresponding parts of title 5. The process for handling complaints must follow section 401 of the Congressional Accountability Act (2 U.S.C. 1401). The Board must issue regulations under section 304 of that Act (2 U.S.C. 1384). Those rules should follow the comparable executive-branch regulations unless the Board gives a stated, good reason to change them, and they must be consistent with section 225 of the Act (2 U.S.C. 1361). The term "covered employee" does not include employees appointed by the President with Senate advice and consent, appointed by a Member or congressional committee, or in jobs equivalent to the Senior Executive Service (5 U.S.C. 3132(a)(2)). Paragraphs (2) and (3) take effect on the effective date of the Board’s regulations under paragraph (4).

Full Legal Text

Title 2, §1316a

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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).
(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] (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)Regulations to implement section (5) Applicability
(A)In general
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)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).
(6)Effective date
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 2, The Congress

Last Updated

Sep 22, 2026

Release point: 119-110