Page:United States Statutes at Large Volume 109 Part 1.djvu/38

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109 STAT. 22 PUBLIC LAW 104-1 -JAN. 23, 1995 (H) such other offices that perform comparable functions which are identified under regulations of the Board. (f) EFFECTIVE DATE. — (1) IN GENERAL.— Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1, 1996. (2) CERTAIN OFFICES. —With respect to the offices listed in subsection (e)(2), to the covered employees of such offices, and to representatives of such employees, subsections (a) and (b) shall be effective on the effective date of regulations under subsection (e). PART E—GENERAL 2 USC 1361. 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 attorne3^s 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.