2 U.S.C. § 1435
Section 1435 · Savings provisions
Amended 1 time on record
Applied in 2 court decisions — leading case Halcomb v. Office of the Senate Sergeant-At-Arms (2008)
Most recently applied in Halcomb v. Office of the Senate Sergeant-At-Arms (July 2008)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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 (2 U.S.C. 1205) 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 [2 U.S.C. 1201 et seq.] 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 (2 U.S.C. 1201 et seq.) 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 (2 U.S.C. 1207) 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.
(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 166b–7(e)(2) 1 of title 40, the employee may complete, or initiate and complete, all procedures under section 166b–7(e) 1 of title 40, 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 166b–7(e)(3) 1 of title 40. 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 166b–7(e)(3) 1 of title 40, and thereafter proceed exclusively under section 166b–7(e) 1 of title 40, 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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
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 chapter 23 (§1201 et seq.) of this title. 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 1201(a) of this title 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 166b–7(e) of title 40, 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.