                          TITLE 2--THE CONGRESS
 
                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
 
Sec. 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 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

                           (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).

(5) Applicability

    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) Effective date

    Paragraphs (2) and (3) shall be effective as of the effective date 
of the regulations under paragraph (4).

(Pub. L. 105-339, Sec. 4(c), Oct. 31, 1998, 112 Stat. 3185.)

                       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, as amended. Part A 
of title II of the Act enacted this part and amended section 6381 of 
Title 5, Government Organization and Employees, sections 203, 633a, 
2611, and 2617 of Title 29, Labor, and sections 2000e-16 and 12209 of 
Title 42, The Public Health and Welfare. For complete classification of 
part A to the Code, see 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.
