§1435 — Title 2 The Congress | U.S. Code

Summary

Keeps old counseling and complaint rules in place for House and Senate employees while the new system starts. If, when section 1311 takes effect, a House or Senate employee has already asked for counseling under the Government Employees Rights Act of 1991 (or House Rule LI), or could have, they may finish those counseling and claim steps. That includes counseling for family and medical leave under title V of the FMLA. If a claim under sections 1311 or 1312 arises after those sections take effect but before the new Office opens to take counseling or mediation requests under sections 1402 and 1403, the employee can use the old counseling and mediation rules to meet the new requirements. After that counseling or mediation, if the Office still has not opened for filing a complaint under section 1405, the employee may choose either to file under section 307 of the Government Employees Rights Act (or Rule LI) and continue only under that Act or Rule, or to start a civil action under section 1408. Payments for Senate awards and settlements under paragraph (1) stay governed by section 1207a. Applies the same idea to Architect of the Capitol employees. If, when section 1311 takes effect, an Architect employee could have filed under section 1831(e)(2), they may finish the procedures in section 1831(e). If a claim under sections 1311 or 1312 arises after those sections take effect but before the new Office opens, the employee can meet counseling and mediation by following the Architect’s rules under section 1831(e)(3). After those steps, if the Office still is not open for complaints under section 1405, the employee may either file a charge with the General Accounting Office Personnel Appeals Board under section 1831(e)(3) and continue only under section 1831(e), or start a civil action under section 1408. For non-employment matters covered by section 12209 of title 42, the rights and procedures in section 12209 remain until section 1331 applies to those entities.

Title 2, §1435

The Congress — Source: USLM XML via OLRC

(a)(1)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 11 See References in Text note below. 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)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 section 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 section 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)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)(1)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)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 section 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 22 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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

s of section 1311, 1312, and 1331 of this title, referred to in text, see section 1311(e), 1312(f), and 1331(i), 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 section 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, and is classified generally to sections 2000e–16a to 2000e–16c of Title 42, The Public Health and Welfare. section 305 and 307 of the Act were classified to section 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. section 508 and 509 of the Act were renumbered section 509 and 510, respectively, by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558, and are classified to section 12208 and 12209, respectively, of title 42.

Statutory Notes and Related Subsidiaries

Change of Name

General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.

§1435 Savings Provisions