# § 1432. Political affiliation and place of residence
**(a)** **In general** It shall not be a violation of any provision of section 1311 of this title to consider the—
of an employee referred to in subsection (b) with respect to employment decisions.
**(1)** party affiliation;
**(2)** domicile; or
**(3)** political compatibility with the employing office;
**(b)** **“Employee” defined** For purposes of subsection (a), the term “employee” means—
**(1)** an employee on the staff of the leadership of the House of Representatives or the leadership of the Senate;
**(2)** an employee on the staff of a committee or subcommittee of—
**(A)** the House of Representatives;
**(B)** the Senate; or
**(C)** a joint committee of the Congress;
**(3)** an employee on the staff of a Member of the House of Representatives or on the staff of a Senator;
**(4)** an officer of the House of Representatives or the Senate or a congressional employee who is elected by the House of Representatives or Senate or is appointed by a Member of the House of Representatives or by a Senator (in addition an employee described in paragraph (1), (2), or (3)); or
**(5)** an applicant for a position that is to be occupied by an individual described in any of paragraphs (1) through (4).
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**Source Credit**: (Pub. L. 104–1, title V, § 502, Jan. 23, 1995, 109 Stat. 39.)