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2 U.S.C. § 1435 — Savings provisions

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) 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) **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 [sect

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Stable record: federal_law:legal_authorities:record_usc_c189c33ca8df904f1886b445
Source file: Laws/federal/codes/united-states-code/title-2/section-1435-savings-provisions--a4b9e5dc81.md
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Passage SHA-256: 9f0fdcc9f6713ac0b9462a2427ca313a643ca4bbab19a7138d4a5cb756ab4eaa

Source location: Title 2, Chapter 24, § 1435; chapter-024-congressional-accountability.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) 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) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim). (3) **[Section 1207a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1207a&num=0&edition=prelim)** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim). **(c) Transition provision relating to matters other than employment under [section 12209 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12209&num=0&edition=prelim)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim) takes effect with respect to each of the entities covered by section 12209 1 of title 42.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1408 — Civil action

**(a) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action commenced under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim) and this section by a covered employee. **(b) Parties** The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred. **(c) Jury trial** Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title. **(d) Appearances by House Employment Counsel** (1) **In general** — The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the Unit

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 702 — Government Accountability Office

**(a)** The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments. **(b)** The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States. **(c)** The Comptroller General may adopt a seal for the Office.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1311 — Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990

**(a) Discriminatory practices prohibited** All personnel actions affecting covered employees shall be made free from any discrimination based on— (1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–2&num=0&edition=prelim)); (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 633a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim)); or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12112–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112–121&num=0&edition=prelim)14). **(b) Remedy** (1) **Civil rights** — The remedy for a violation of subsection (a)(1) shall be— (A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–5(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/g&num=0&edition=prelim)); and (B) such compensatory damages as would be appropriate if awarded under [section 1981 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42. (2) **Age discrimination** — The remedy for a violation o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1405 — Hearing

**(a) Requirement for hearings to commence in Office** (1) **Hearing required upon request** — If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim), a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office. (2) **Exceptions** — Paragraph (1) does not apply with respect to the claim if— (A) the hearing officer’s report on the preliminary review of the claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in [section 1402a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/d&num=0&edition=prelim)); or (B) the covered employee files a civil action as provided in [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim) with respect to the claim. **(b) Dismissal** A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted. **(c) Hearing officer** (1) **Appointment** — Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1405

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2601 — Regulations

The Secretary of Labor shall prescribe such regulations as are necessary to carry out subchapter I and this subchapter not later than 120 days after February 5, 1993.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1331 — Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations

**(a) Entities subject to this section** The requirements of this section shall apply to— (1) each office of the Senate, including each office of a Senator and each committee; (2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee; (3) each joint committee of the Congress; (4) the Office of Congressional Accessibility Services; (5) the Capitol Police; (6) the Congressional Budget Office; (7) the Office of the Architect of the Capitol (including the Botanic Garden); (8) the Office of the Attending Physician; (9) the Office of Congressional Workplace Rights; (10) the Office of Technology Assessment; and (11) the Library of Congress. **(b) Discrimination in public services and accommodations** (1) **Rights and protections** — The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities. **(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12209 — Technical assistance

**(a) Plan for assistance** (1) **In general** — Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter. (2) **Publication of plan** — The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of title 5 (commonly known as the Administrative Procedure Act). **(b) Agency and public assistance** The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the President’s Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce. **(c) Implementation** (1) **Rendering assistance** — Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility. (2) **Implementation of subchapters** (A) *Subchapter I* — The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subsection (a), for subchapter I. (B) *Subchapter II* (i) *Part A* — The Attorney General shall implement such plan for assistance for part A of subchap

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12209

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1203 to 1218 — Repealed. Pub. L. 104–1, title V, § 504(a)(2), (5), Jan. 23, 1995, 109 Stat. 41

### Statutory Notes Section 1203, Pub. L. 102–166, title III, § 303, Nov. 21, 1991, 105 Stat. 1088, related to establishment of Office of Senate Fair Employment Practices. Section 1204, Pub. L. 102–166, title III, § 304, Nov. 21, 1991, 105 Stat. 1090, related to Senate procedure for consideration of alleged violations of employee rights. Section 1205, Pub. L. 102–166, title III, § 305, Nov. 21, 1991, 105 Stat. 1090; Pub. L. 103–283, title III, § 312(f)(2), July 22, 1994, 108 Stat. 1446, related to counseling of Senate employees alleging violations of rights. Section 1206, Pub. L. 102–166, title III, § 306, Nov. 21, 1991, 105 Stat. 1091, related to mediation of disputes between Senate employees and employing offices. Section 1207, Pub. L. 102–166, title III, § 307, Nov. 21, 1991, 105 Stat. 1091, related to formal complaints by Senate employees and hearings. Section 1207a, Pub. L. 103–50, ch. XII, § 1205, July 2, 1993, 107 Stat. 269; Pub. L. 103–211, title II, § 2001(a)–(c), Feb. 12, 1994, 108 Stat. 22, related to Settlements and Awards Reserve appropriation account. Section 1208, Pub. L. 102–166, title III, § 308, Nov. 21, 1991, 105 Stat. 1092, related to review by Select Committee on Ethics of decisions on violations of rights of Senate employees. Section 1209, Pub. L. 102–166, title III, § 309, Nov. 21, 1991, 105 Stat. 1093; Pub. L. 102–392, title III, § 316(a), Oct. 6, 1992, 106 Stat. 1724; Pub. L. 103–50, ch. XII, § 1204(a), July 2, 1993, 107 Stat. 268, related to judicial review of decisions regarding violations of rights of Senate employees. Section 1210, Pub. L. 102–166, title III, § 310, Nov. 21, 1991, 105 Stat. 1094, related to resolution of complaints for violations of rights of Senate employees. Section 1211, Pub. L. 102–166, title III, § 311, Nov. 2

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1203 to 1218

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1221 — Repealed. Pub. L. 104–1, title V, § 504(a)(2), Jan. 23, 1995, 109 Stat. 41

### Statutory Notes Section, Pub. L. 102–166, title III, § 322, Nov. 21, 1991, 105 Stat. 1098, related to severability. #### Savings Provision Pub. L. 104–1, title V, § 504(a)(2), Jan. 23, 1995, 109 Stat. 41, provided in part that [section 1221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1221&num=0&edition=prelim) is repealed, except as provided in [section 1435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1435&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1221

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1223, 1224 — Repealed. Pub. L. 104–1, title V, § 504(a)(2), Jan. 23, 1995, 109 Stat. 41

### Statutory Notes Section 1223, Pub. L. 102–166, title III, § 324, Nov. 21, 1991, 105 Stat. 1099, related to reports of Senate committees. Section 1224, Pub. L. 102–166, title III, § 325, Nov. 21, 1991, 105 Stat. 1099, related to intervention and expedited reviews of certain appeals based on constitutionality of sections 1209 and 1219 of this title. #### Savings Provision Pub. L. 104–1, title V, § 504(a)(2), Jan. 23, 1995, 109 Stat. 41, provided in part that sections 1223 and 1224 of this title are repealed, except as provided in [section 1435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1435&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1223, 1224

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