§ 1408. — Civil action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1408]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 1408. Civil action
(a) Jurisdiction
The district courts of the United States shall have jurisdiction
over any civil action commenced under section 1404 of this title and
this section by a covered employee 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.
(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 chapter. In any case in which a violation of
section 1311 of this title 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) the Office of House Employment Counsel established and
operating under the authority of the Clerk of the House of
Representatives as of November 12, 2001;
(B) any successor office to the Office of House Employment
Counsel which is established after November 12, 2001; 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, Sec. 408, Jan. 23, 1995, 109 Stat. 37; Pub. L.
107-68, title I, Sec. 119(a), Nov. 12, 2001, 115 Stat. 573.)
Amendments
2001--Subsec. (d). Pub. L. 107-68 added subsec. (d).
Effective Date of 2001 Amendment
Pub. L. 107-68, title I, Sec. 119(b), Nov. 12, 2001, 115 Stat. 574,
provided that: ``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 [Nov. 12, 2001].''
Section Referred to in Other Sections
This section is referred to in sections 1361, 1401, 1404, 1409,
1410, 1411, 1413, 1435 of this title.
