§ 1408. Civil action

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title IV § 408 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1408

   Pub. L. 104–1, title IV, § 408, Jan. 23, 1995, 109 Stat. 37

   Source evidence

   Code source credit
   Pub. L. 104–1, title IV, § 408, Jan. 23, 1995, 109 Stat. 37

   Enacted provision · exact public law section
   SEC. 408. CIVIL ACTION. (a) Jurisdiction.— The district courts of the United States shall have jurisdiction over any civil action commenced under section 404 and this section by a covered employee who has completed counseling under section 402 and mediation under section 403. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation. (b) Parties.— The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred. (c) Jury Trial.— Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this Act. In any case in which a violation of section 201 is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 201(b)(1) or 201(b)(3).

2. 2001

   Pub. L. 107–68 title I § 119(a) · 115 Stat. 560

   Added · 2 U.S.C. § 1408(d)

   Pub. L. 107–68 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–68 added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 408 of the Congressional Accountability Act of 1995 (2 U.S.C. 1408) is amended by adding at the end the following new subsection: “(d) Appearances by House Employment Counsel.— “(1) In general.— The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this Act, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the United States Supreme Court. “(2) House employment counsel defined.— In this subsection, the term ‘Office of House Employment Counsel of the House of Representatives’ means— “(A) the Office of House Employment Counsel established and operating under the authority of the Clerk of the House of Representatives as of the date of the enactment of this subsection; “(B) any successor office to the Office of House Employment Counsel which is established after the date of the enactment of this subsection; and “(C) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to employing offices of the House of Representatives in connection with actions brought under this title

3. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 title I § 101(b) · 132 Stat. 5297

   1. Substituted · 2 U.S.C. § 1408(a)

      Pub. L. 115–397 substituted “section 1401 of this title” for “section 1404 of this title”

   2. Struck · 2 U.S.C. § 1408(a)

      Pub. L. 115–397 struck out “who has completed counseling under section 1402 of this title and mediation under section 1403 of this title. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation” after “covered employee”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–397 substituted “section 1401 of this title” for “section 1404 of this title” and struck out “who has completed counseling under section 1402 of this title and mediation under section 1403 of this title. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation” after “covered employee”.

   Enacted provision · exact public law section
   (b) Conforming Amendment Relating to Civil Action.— Section 408(a) (2 U.S.C. 1408(a)) is amended— (1) by striking “section 404” and inserting “section 401”; (2) by striking “who has completed counseling under section 402 and mediation under section 403”; and (3) by striking the second sentence.

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration 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.

4 of 4 references resolved to an enrolled provision