§ 1435. — Savings provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1435]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER V--MISCELLANEOUS PROVISIONS
Sec. 1435. Savings provisions
(a) Transition provisions for employees of House of Representatives and
of Senate
(1) Claims arising before effective date
If, as of the date on which section 1311 of this title takes
effect, an employee of the Senate or the House of Representatives
has or could have requested counseling under section 305 \1\ of the
Government Employees Rights Act of 1991 or Rule LI of the House of
Representatives, including counseling for alleged violations of
family and medical leave rights under title V of the Family and
Medical Leave Act of 1993, the employee may complete, or initiate
and complete, all procedures under the Government Employees Rights
Act of 1991 and Rule LI, and the provisions of that Act and Rule
shall remain in effect with respect to, and provide the exclusive
procedures for, those claims until the completion of all such
procedures.
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\1\ See References in Text note below.
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(2) Claims arising between effective date and opening of
Office
If a claim by an employee of the Senate or House of
Representatives arises under section 1311 or 1312 of this title
after the effective date of such sections, but before the opening of
the Office for receipt of requests for counseling or mediation under
sections 1402 and 1403 of this title, the provisions of the
Government Employees Rights Act of 1991 and Rule LI of the House of
Representatives relating to counseling and mediation shall remain in
effect, and the employee may complete under that Act or Rule the
requirements for counseling and mediation under sections 1402 and
1403 of this title. If, after counseling and mediation is completed,
the Office has not yet opened for the filing of a timely complaint
under section 1405 of this title, the employee may elect--
(A) to file a complaint under section 307 of the Government
Employees Rights Act of 1991 \1\ or Rule LI of the House of
Representatives, and thereafter proceed exclusively under that
Act or Rule, the provisions of which shall remain in effect
until the completion of all proceedings in relation to the
complaint, or
(B) to commence a civil action under section 1408 of this
title.
(3) Section 1207a of this title
With respect to payments of awards and settlements relating to
Senate employees under paragraph (1) of this subsection, section
1207a \1\ of this title remains in effect.
(b) Transition provisions for employees of Architect of Capitol
(1) Claims arising before effective date
If, as of the date on which section 1311 of this title takes
effect, an employee of the Architect of the Capitol has or could
have filed a charge or complaint regarding an alleged violation of
section 1831(e)(2) \1\ of this title, the employee may complete, or
initiate and complete, all procedures under section 1831(e) \1\ of
this title, the provisions of which shall remain in effect with
respect to, and provide the exclusive procedures for, that claim
until the completion of all such procedures.
(2) Claims arising between effective date and opening of
Office
If a claim by an employee of the Architect of the Capitol arises
under section 1311 or 1312 of this title after the effective date of
those provisions, but before the opening of the Office for receipt
of requests for counseling or mediation under sections 1402 and 1403
of this title, the employee may satisfy the requirements for
counseling and mediation by exhausting the requirements prescribed
by the Architect of the Capitol in accordance with section
1831(e)(3) \1\ of this title. If, after exhaustion of those
requirements the Office has not yet opened for the filing of a
timely complaint under section 1405 of this title, the employee may
elect--
(A) to file a charge with the General Accounting Office
Personnel Appeals Board pursuant to section 1831(e)(3) \1\ of
this title, and thereafter proceed exclusively under section
1831(e) \1\ of this title, the provisions of which shall remain
in effect until the completion of all proceedings in relation to
the charge, or
(B) to commence a civil action under section 1408 of this
title.
(c) Transition provision relating to matters other than employment under
section 12209 of title 42
With respect to matters other than employment under section 12209 of
title 42, the rights, protections, remedies, and procedures of section
12209 of title 42 shall remain in effect until section 1331 of this
title takes effect with respect to each of the entities covered by
section 12209 of title 42.
(Pub. L. 104-1, title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)
References in Text
For the effective dates of sections 1311, 1312, and 1331 of this
title, referred to in text, see sections 1311(d), 1312(e), and 1331(h),
respectively, of this title.
Rule LI of the Rules of the House of Representatives, referred to in
subsec. (a)(1), (2), was repealed by H. Res. No. 5, Sec. 23(a), One
Hundred Fifth Congress, Jan. 7, 1997.
The Family and Medical Leave Act of 1993, referred to in subsec.
(a)(1), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title V of the Act
was classified generally to sections 60m and 60n of this title prior to
repeal, except as provided by this section, by Pub. L. 104-1, title V,
Sec. 504(b), Jan. 23, 1995, 109 Stat. 41. For complete classification of
this Act to the Code, see Short Title note set out under section 2601 of
Title 29, Labor, and Tables.
The Government Employees Rights Act of 1991, referred to in subsec.
(a)(1), (2), probably means the Government Employee Rights Act of 1991,
which is title III of Pub. L. 102-166, Nov. 21, 1991, 105 Stat. 1088, as
amended, and is classified generally to sections 2000e-16a to 2000e-16c
of Title 42, The Public Health and Welfare. Sections 305 and 307 of the
Act were classified to sections 1205 and 1207, respectively, of this
title prior to repeal, except as provided in this section, by Pub. L.
104-1, title V, Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41. For
complete classification of this Act to the Code, see section 2000e-
16a(a) of Title 42 and Tables.
Section 1207a of this title, referred to in subsec. (a)(3), was
repealed, except as provided in this section, by Pub. L. 104-1, title V,
Sec. 504(a)(5), Jan. 23, 1995, 109 Stat. 41.
Section 1831(e) of this title, referred to in subsec. (b), was
repealed, except as provided in this section, by Pub. L. 104-1, title V,
Sec. 504(c)(1), Jan. 23, 1995, 109 Stat. 41.
