§ 1316. Rights and protections relating to veterans’ employment and reemployment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title II § 206 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1316

   Pub. L. 104–1, title II, § 206, Jan. 23, 1995, 109 Stat. 12

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 206, Jan. 23, 1995, 109 Stat. 12

   Enacted provision · exact public law section
   SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETERANS’ EMPLOYMENT AND REEMPLOYMENT. (a) Employment and Reemployment Rights of Members of the 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, United States Code, against an eligible employee; (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38, United States Code; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38, United States Code. (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, United States Code, whose service has not been terminated upon occurrence of any of the events enumerated in section 4304 of title 38, United States Code, (B) the term “covered employee” includes employees of the General Accounting Office and the Library of Congress, and (C) the term “employing office” includes the General Accounting Office and the Library of Congress. (b) Remedy.— The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under para-graphs (1), (2)(A), and (3) of section 4323(c) of title 38, United States Code. (c) Regulations To Implement Section.— (1) In general.— The Board shall, pursuant to section 304, 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.— Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after the date of the enactment of this Act. (2) General accounting office and library of congress.— This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year after transmission to the Congress of the study under section 230.

2. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 2 U.S.C. § 1316(a)(2)(B); 2 U.S.C. § 1316(a)(2)(C)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

3. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 2 U.S.C. § 1316(d)(2)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text

   Source evidence

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

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

4. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 title VII § 703(b) · 124 Stat. 2864

   Substituted · 2 U.S.C. § 1316(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Amendment to Congressional Accountability Act of 1995.— Section 206(b) of the Congressional Accountability Act of 1995 (2 U.S.C. 1316(b)) is amended by striking “under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38, United States Code” and inserting “under section 4323(d) of title 38, United States Code”.

5. 2018

   Legislative Branch Appropriations Act, 2018

   Pub. L. 115–141 div. I title I § 153(a)(2)(C) · 132 Stat. 348

   Struck · 2 U.S.C. § 1316(a)(2)(B); 2 U.S.C. § 1316(a)(2)(C)

   Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office”.

   Enacted provision · exact public law section
   (C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))— (i) in subparagraph (B), by striking “and the Library of Congress”; and (ii) in subparagraph (C), by striking “and the Library of Congress”;

5 of 5 references resolved to an enrolled provision