§ 1361. Generally applicable remedies and limitations

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 § 225 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1361

   Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22

   Enacted provision · exact public law section
   SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITATIONS. (a) Attorney’s Fees.— If a covered employee, with respect to any claim under this Act, or a qualified person with a disability, with respect to any claim under section 210, is a prevailing party in any proceeding under section 405, 406, 407, or 408, the hearing officer. Board, or court, as the case may be, may award attorne3s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)). (b) Interest.— In any proceeding under section 405, 406, 407, or 408, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(d)). (c) Civil Penalties and Punitive Damages.— No civil penalty or punitive damages may be awarded with respect to any claim under this Act. (d) Exclusive Procedure.— (1) In general.— Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. (2) Veterans.— A covered employee under section 206 may also utilize any provisions of chapter 43 of title 38, United States Code, that are applicable to that employee. (e) Scope of Remedy.— Only a covered employee who has undertaken and completed the procedures described in sections 402 and 403 may be granted a remedy under part A of this title. (f) Construction.— (1) Definitions and exemptions.— Except where inconsistent with definitions and exemptions provided in this Act, the definitions and exemptions in the laws made applicable by this Act shall apply under this Act. (2) Size limitations.— Notwithstanding paragraph (1), provisions in the laws made applicable under this Act (other than the Worker Adjustment and Retraining Notification Act) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this Act. (3) Executive branch enforcement.— This Act shall not be construed to authorize enforcement by the executive branch of this Act.

2. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 title I § 101(d) · 132 Stat. 5297

   1. Redesignated · 2 U.S.C. § 1361(e); 2 U.S.C. § 1361(f)

      Pub. L. 115–397 redesignated subsec. (f) as (e)

   2. Struck · 2 U.S.C. § 1361(e); 2 U.S.C. § 1361(f)

      Pub. L. 115–397 struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.”

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.”

   Enacted provision · exact public law section
   (d) Miscellaneous Conforming Amendment.— Section 225 (2 U.S.C. 1361) is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e).

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

3 of 3 references resolved to an enrolled provision