                          TITLE 2--THE CONGRESS
 
                CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
 
           SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
 
                             Part E--General
 
Sec. 1361. Generally applicable remedies and limitations


(a) Attorney's fees

    If a covered employee, with respect to any claim under this chapter, 
or a qualified person with a disability, with respect to any claim under 
section 1331 of this title, is a prevailing party in any proceeding 
under section 1405, 1406, 1407, or 1408 of this title, the hearing 
officer, Board, or court, as the case may be, may award attorney's fees, 
expert fees, and any other costs as would be appropriate if awarded 
under section 2000e-5(k) of title 42.

(b) Interest

    In any proceeding under section 1405, 1406, 1407, or 1408 of this 
title, the same interest to compensate for delay in payment shall be 
made available as would be appropriate if awarded under section 2000e-
16(d) of title 42.

(c) Civil penalties and punitive damages

    No civil penalty or punitive damages may be awarded with respect to 
any claim under this chapter.

(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 chapter except as provided 
    in this chapter.

                            (2) Veterans

        A covered employee under section 1316 of this title may also 
    utilize any provisions of chapter 43 of title 38 that are applicable 
    to that employee.

(e) Scope of remedy

    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.

(f) Construction

                   (1) Definitions and exemptions

        Except where inconsistent with definitions and exemptions 
    provided in this chapter, the definitions and exemptions in the laws 
    made applicable by this chapter shall apply under this chapter.

                        (2) Size limitations

        Notwithstanding paragraph (1), provisions in the laws made 
    applicable under this chapter (other than the Worker Adjustment and 
    Retraining Notification Act [29 U.S.C. 2101 et seq.]) 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 chapter.

                  (3) Executive branch enforcement

        This chapter shall not be construed to authorize enforcement by 
    the executive branch of this chapter.

(Pub. L. 104-1, title II, Sec. 225, Jan. 23, 1995, 109 Stat. 22.)

                       References in Text

    This chapter, referred to in subsecs. (a), (c), (d)(1), and (f), was 
in the original ``this Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 109 
Stat. 3, as amended, which is classified principally to this chapter. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1301 of this title and Tables.
    Part A of this subchapter, referred to in subsec. (e), was in the 
original ``part A of this title'', meaning part A (Secs. 201-207) of 
title II of Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 7, which enacted 
part A of this subchapter and amended section 6381 of Title 5, 
Government Organization and Employees, sections 203, 633a, 2611, and 
2617 of Title 29, Labor, and sections 2000e-16 and 12209 of Title 42, 
The Public Health and Welfare. For complete classification of part A to 
the Code, see Tables.
    The Worker Adjustment and Retraining Notification Act, referred to 
in subsec. (f)(2), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat. 890, 
which is classified generally to chapter 23 (Sec. 2101 et seq.) of Title 
29, Labor. For complete classification of this Act to the Code, see 
Short Title note set out under section 2101 of Title 29 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 1316a of this title.
