§ 435 TITLE 3—THE PRESIDENT Page 56

(e) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of—

(A) the effective date of regulations issued

under subsection (c); or

(B) October 1, 1998.

(2) CERTAIN EMPLOYING OFFICES.—Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of

employing offices, referred to in subsection

(d)(2), on the earlier of—

(A) the effective date of regulations issued

under subsection (d); or

(B) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4064.)

EFFECTIVE DATE

Subsecs. (c) and (d) of this section effective Oct. 26,

1996, see section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

PART E—GENERAL

§ 435. 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 421, is a prevailing

party in any proceeding under section 453(1), the

administrative agency may award attorney’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.

(b) INTEREST.—In any proceeding under section

453(1), 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.

(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—

Except as otherwise provided in this chapter, 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

and in sections 1296 and 1346(g) and chapter 179

of title 28.

(2) VETERANS.—A covered employee under

section 416 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 section 452 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 paragraphs

(2) and (3) of section 2(a) of 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 chapter.

(g) POLITICAL AFFILIATION.—It shall not be a

violation of any provision of this chapter to consider, or make any employment decision based

on, the party affiliation, or political compatibility with the employing office, of an employee

who is a covered employee.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4066.)

REFERENCES IN TEXT

Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e–5 and 2000e–16, respectively, of Title 42, The

Public Health and Welfare.

Section 2 of the Worker Adjustment and Retraining

Notification Act, referred to in subsec. (f)(2), is classified to section 2101 of Title 29, Labor.

SUBCHAPTER III—ADMINISTRATIVE AND

JUDICIAL DISPUTE RESOLUTION PROCEDURES

§ 451. Procedure for consideration of alleged violations

The procedure for consideration of alleged violations of part A of subchapter II consists of—

(1) counseling and mediation as provided in

section 452; and

(2) election, as provided in section 453, of either—

(A) an administrative proceeding as provided in section 453(1) and judicial review as

provided in section 1296 of title 28; or

(B) a civil action in a district court of the

United States as provided in section 1346(g)

of title 28.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4067.)

§ 452. Counseling and mediation

(a) IN GENERAL.—The President, or the designee of the President, shall by regulation establish procedures substantially similar to those

under sections 402 and 403 of the Congressional

Accountability Act of 1995 for the counseling

and mediation of alleged violations of a law

made applicable under part A of subchapter II.

(b) EXHAUSTION REQUIREMENT.—A covered employee who has not exhausted counseling and

mediation under subsection (a) shall be ineligible to make any election under section 453 or

otherwise pursue any further form of relief

under this subchapter.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4067.)

REFERENCES IN TEXT

Sections 402 and 403 of the Congressional Accountability Act of 1995, referred to in subsec. (a), are classified to sections 1402 and 1403, respectively, of Title 2,

The Congress.