It shall not be a violation of any provision of section 1311 of this title to consider the—
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
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;
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).
(Pub. L. 104–1, title V, § 502, Jan. 23, 1995, 109 Stat. 39.)
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