2 USC § 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.
(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)
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
[2]
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
(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
[1]
of title
42, the rights, protections, remedies, and procedures of section
12209
[1]
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
[1]
of title
42.
[1] See References in Text note below.
[2] See Change of Name note below.
(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.
(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)
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
[2]
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
(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
[1]
of title
42, the rights, protections, remedies, and procedures of section
12209
[1]
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
[1]
of title
42.
[1] See References in Text note below.
[2] See Change of Name note below.
Source
(Pub. L. 104–1, title V, § 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, § 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, § 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, § 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, § 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, § 504(c)(1),Jan. 23, 1995, 109 Stat. 41.
Section
12209 of title
42, referred to in subsec. (c), was in the original a reference to section 509 of the Americans with Disabilities Act of 1990. Sections 508 and 509 of the Act were renumbered sections
509 and
510, respectively, by Pub. L. 110–325, § 6(a)(2),Sept. 25, 2008, 122 Stat. 3558, and are classified to sections
12208 and
12209, respectively, of title
42.
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 ofPub. L. 108–271, set out as a note under section
702 of Title
31, Money and Finance.
The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, April 6, 2012
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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