2 U.S.C. § 1408 | Civil action

(a)

Jurisdiction

section 1401 of this titleThe district courts of the United States shall have jurisdiction over any civil action commenced under and this section by a covered employee.

(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

section 1311 of this titleAny 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 chapter. In any case in which a violation of is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.

(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 chapter, 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)

November 12, 2001 the Office of House Employment Counsel established and operating under the authority of the Clerk of the House of Representatives as of ;

(B)

November 12, 2001 any successor office to the Office of House Employment Counsel which is established after ; 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 subchapter.

Pub. L. 104–1, title IV, § 408Jan. 23, 1995109 Stat. 37 Pub. L. 107–68, title I, § 119(a)Nov. 12, 2001115 Stat. 573 Pub. L. 115–397, title I, § 101(b)Dec. 21, 2018132 Stat. 5300(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 104–1Jan. 23, 1995109 Stat. 3 section 1301 of this titleThis chapter, referred to in subsecs. (c) and (d)(1), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 115–397 section 1401 of this title section 1404 of this title section 1402 of this title section 1403 of this title2018—Subsec. (a). substituted “” for “” and struck out “who has completed counseling under and mediation under . 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”.

Pub. L. 107–682001—Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–397Dec. 21, 2018section 401 of Pub. L. 115–397 section 1301 of this titleAmendment by effective upon expiration of the 180-day period beginning on , with provisions for effect on pending proceedings, see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–68, title I, § 119(b)Nov. 12, 2001115 Stat. 574

Nov. 12, 2001“The amendment made by this section [amending this section] shall apply with respect to proceedings occurring on or after the date of the enactment of this Act [].”

, , , provided that: