2 USC § 1316 - Rights and protections relating to veterans’ employment and reemployment

---
identifier: "/us/usc/t2/s1316"
source: "usc"
legal_status: "official_prima_facie"
title: "2 USC § 1316 - Rights and protections relating to veterans’ employment and reemployment"
title_number: 2
title_name: "THE CONGRESS"
section_number: "1316"
section_name: "Rights and protections relating to veterans’ employment and reemployment"
chapter_number: 24
chapter_name: "CONGRESSIONAL ACCOUNTABILITY"
subchapter_number: "II"
subchapter_name: "EXTENSION OF RIGHTS AND PROTECTIONS"
part_number: "A"
part_name: "Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 1316. Rights and protections relating to veterans’ 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 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, 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)** **Remedy** section 4323(d) of title 38

The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under .

**(c)** **Regulations to implement section**

**(1)** **In general** section 1384 of this title

The Board shall, pursuant to , 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 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)** **Effective date**

**(1)** **In general** January 23, 1995

Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after .

**(2)** **Government Accountability Office and Library of Congress** section 1371 of this title

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 .

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**Source Credit**: (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).  struck out “and the Library of Congress” after “the Government Accountability Office”.

2010—Subsec. (b).  substituted “under ” for “under paragraphs (1), (2)(A), and (3) of ”.

2004—Subsec. (a)(2)(B), (C).  substituted “Government Accountability Office” for “General Accounting Office”.

Subsec. (d)(2).  substituted “Government Accountability Office” for “General Accounting Office” in heading and text.