2 USC 1435 - Savings provisions

U.S Code last checked for updates: May 05, 2024

§ 1435.

Savings provisions

(a)

Transition provisions for employees of House of Representatives and of Senate

(1)

Claims arising before effective date

(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

(b)

Transition provisions for employees of Architect of Capitol

(1)

Claims arising before effective date

(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

 See Change of Name note below.

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

(Pub. L. 104–1, title V, § 506, Jan. 23, 1995, 109 Stat. 42.)

cite as: 2 USC 1435