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 Representatives, the Office of the Parlia- mentarian of the House of Representatives, and the Office of the Law Revision Counsel; (F) the offices of any caucus or party orga- nization; (G) the Congressional Budget Office, the Office of Technology Assessment, and the Office of Congressional Workplace Rights; and (H) such other offices that perform com- parable functions which are identified under regulations of the Board. (f) Effective date (1) In general Except as provided in paragraph (2), sub- sections (a) and (b) shall be effective on Octo- ber 1, 1996. (2) Certain offices With respect to the offices listed in sub- section (e)(2), to the covered employees of such offices, and to representatives of such employ- ees, subsections (a) and (b) shall be effective on the effective date of regulations under sub- section (e). (Pub. L. 104–1, title II, § 220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, § 153(a)(1)(C), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(10), Dec. 21, 2018, 132 Stat. 5326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(1), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, 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. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–141, § 153(a)(1)(C)(i), substituted ‘‘Application’’ for ‘‘Definition’’ in heading. Subsec. (a)(3). Pub. L. 115–141, § 153(a)(1)(C)(ii), added par. (3). Subsec. (e)(2)(G). Pub. L. 115–397 substituted ‘‘Office of Congressional Workplace Rights’’ for ‘‘Office of Com- pliance’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. SENATE DEMOCRATIC LEADERSHIP OFFICES FUNDING AND AUTHORITIES Reference to the Office of the Secretary of the major- ity or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the Office of the Assistant Leader of the applicable conference, under certain conditions during the 117th Congress, see section 104 of div. I of Pub. L. 116–260, set out as a note under section 6154 of this title. PART E—GENERAL § 1361. Generally applicable remedies and limita- tions (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 per- son may commence an administrative or judi- cial proceeding to seek a remedy for the rights and protections afforded by this chapter ex- cept as provided in this chapter. Page 323 TITLE 2—THE CONGRESS § 1371 (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) 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 Re- training Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of em- ployees, 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 au- thorize enforcement by the executive branch of this chapter. (Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified prin- cipally 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. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For com- plete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Ta- bles. AMENDMENTS 2018—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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion 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. § 1362. Notices (a) In general Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are custom- arily posted) a notice provided by the Office that— (1) describes the rights, protections, and pro- cedures applicable to covered employees of the employing office under this chapter, con- cerning violations described in subsection (b); and (2) includes contact information for the Of- fice. (b) Violations A violation described in this subsection is— (1) discrimination prohibited by section 1311(a) of this title (including, in accordance with section 1302(c) of this title, discrimina- tion prohibited by title II of the Genetic Infor- mation Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 1316(a) of this title; and (2) a violation of section 1317 of this title that is related to discrimination described in paragraph (1). (Pub. L. 104–1, title II, § 226, as added Pub. L. 115–397, title III, § 304(a), Dec. 21, 2018, 132 Stat. 5322.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, 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. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§ 2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon expiration of the 180-day pe- riod beginning on Dec. 21, 2018, with provisions for ef- fect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title. PART F—STUDY § 1371. Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress (a) In general The Board shall undertake a study of— (1) the application of the laws listed in sub- section (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. (b) Applicable statutes The study under this section shall consider the application of the following laws: