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2 U.S.C. § 1361 — Generally applicable remedies and limitations

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/k&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/d&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1316&num=0&edition=prelim) may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. **(e) Construction** (1) **Definitions and exemptions** — Except where inc

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Source location: Title 2, Chapter 24, § 1361; chapter-024-congressional-accountability.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/k&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/d&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1316&num=0&edition=prelim) may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. **(e) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1331 — Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations

**(a) Entities subject to this section** The requirements of this section shall apply to— (1) each office of the Senate, including each office of a Senator and each committee; (2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee; (3) each joint committee of the Congress; (4) the Office of Congressional Accessibility Services; (5) the Capitol Police; (6) the Congressional Budget Office; (7) the Office of the Architect of the Capitol (including the Botanic Garden); (8) the Office of the Attending Physician; (9) the Office of Congressional Workplace Rights; (10) the Office of Technology Assessment; and (11) the Library of Congress. **(b) Discrimination in public services and accommodations** (1) **Rights and protections** — The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities. **(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1316 — Rights and protections relating to veterans’ employment and reemployment

**(a) Employment and reemployment rights of members of 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4311&num=0&edition=prelim), against an eligible employee; (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303/13&num=0&edition=prelim), whose service has not been terminated upon occurrence of any of the events enumerated in [section 4304 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4304&num=0&edition=prelim), (B) the term “covered employee” includes employees of the Government Accountability Office, and (C) the term “employing office” includes the Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under [section 4323(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323/d&num=0&edition=prelim). **(c) Regulations to implement section** (1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1301 — Definitions

**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter: (1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights. (2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. (3) **Covered employee** — The term “covered employee” means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessibility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Capitol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or (K) the John C. Stennis Center for Public Service Training and Development. (4) **Employee** — The term “employee” includes an applicant for employment and a former employee. (5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police. (7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2101 — Definitions; exclusions from definition of loss of employment

**(a) Definitions** As used in this chapter— (1) the term “employer” means any business enterprise that employs— (A) 100 or more employees, excluding part-time employees; or (B) 100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime); (2) the term “plant closing” means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees; (3) the term “mass layoff” means a reduction in force which— (A) is not the result of a plant closing; and (B) results in an employment loss at the single site of employment during any 30-day period for— (i) (I) at least 33 percent of the employees (excluding any part-time employees); and (II) at least 50 employees (excluding any part-time employees); or (ii) at least 500 employees (excluding any part-time employees); (4) the term “representative” means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or [section 152 of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section152&num=0&edition=prelim); (5) the term “affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer; (6) subject to subsection (b), the term “employment loss” means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1316a — Legislative branch appointments

(1) **Definitions** — For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)). (2) **Rights and protections** — The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees. (3) **Remedies** (A) *In general* — The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title. (B) *Procedure* — The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [[2 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim)] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [[2 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) et seq.]. (4) **Regulations to implement section** (A) *In general* — The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1384](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement this section. (B) *Agency regulations* — The regulations issued under subparagraph (A) shall be the same as the most relevan

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1361 — Generally applicable remedies and limita-

Page 322 TITLE 2—THE CONGRESS § 1361 fice of the Majority Leader of the Senate, the Office of the Minority Leader of the Sen- ate, the Office of the Majority Whip of the Senate, the Office of the Minority Whip of the Senate, the Conference of the Majority of the Senate, the Conference of the Minor- ity of the Senate, the Office of the Secretary of the Conference of the Majority of the Sen- ate, the Office of the Secretary of the Con- ference of the Minority of the Senate, the Office of the Secretary for the Majority of the Senate, the Office of the Secretary for the Minority of the Senate, the Majority Policy Committee of the Senate, the Minor- ity Policy Committee of the Senate, and the following offices within the Office of the Secretary of the Senate: Offices of the Par- liamentarian, Bill Clerk, Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk, Official Reporters of Debate, Daily Digest, Printing Services, Captioning Serv- ices, and Senate Chief Counsel for Employ- ment; (D) the Office of the Speaker of the House of Representatives, the Office of the Major- ity Leader of the House of Representatives, the Office of the Minority Leader of the House of Representatives, the Offices of the Chief Deputy Majority Whips, the Offices of the Chief Deputy Minority Whips and the following offices within the Office of the Clerk of the House of Representatives: Of- fices of Legislative Operations, Official Re- porters of Debate, Official Reporters to Com- mittees, Printing Services, and Legislative Information; (E) the Office of the Legislative Counsel of the Senate, the Office of the Senate Legal Counsel, the Office of the Legislative Coun- sel of the House of Representatives, the Of- fice of the General Counsel of the House of Repres

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2101 — Definitions; exclusions from definition of

Page 766 TITLE 29—LABOR § 2008 (A) further interview the examinee on the basis of the results of the test; and (B) provide the examinee with— (i) a written copy of any opinion or con- clusion rendered as a result of the test, and (ii) a copy of the questions asked during the test along with the corresponding charted responses. (5) Maximum number and minimum duration of tests The examiner shall not conduct and com- plete more than five polygraph tests on a cal- endar day on which the test is given, and shall not conduct any such test for less than a 90- minute duration. (c) Qualifications and requirements of examiners The exemptions provided under subsections (d), (e), and (f) of section 2006 of this title shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) Qualifications The examiner— (A) has a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be con- ducted, if so required by the State; and (B) maintains a minimum of a $50,000 bond or an equivalent amount of professional li- ability coverage. (2) Requirements The examiner— (A) renders any opinion or conclusion re- garding the test— (i) in writing and solely on the basis of an analysis of polygraph test charts, (ii) that does not contain information other than admissions, information, case facts, and interpretation of the charts rel- evant to the purpose and stated objectives of the test, and (iii) that does not include any rec- ommendation concerning the employment of the examinee; and (B) maintains all opinions, reports, charts, written questions, lists, and other records relating to the test for a minimum period of 3 years after administration

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