(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 3051 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 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
1207a1 of this title remains in effect.