Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4134. Time limitations
Statutory text
Limitations period
A grievance is forever barred under this subchapter unless it is filed with the Department not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case more than three years after the occurrence giving rise to the grievance. There shall be excluded from the computation of any such period any time during which, as determined by the Foreign Service Grievance Board, the grievant was unaware of the grounds for the grievance and could not have discovered such grounds through reasonable diligence.
Failure of Department to resolve grievance; grievance filed with Foreign Service Grievance Board
If a grievance is not resolved under Department procedures (which have been negotiated with the exclusive representative, if any) within ninety days after it is filed with the Department, the grievant or the exclusive representative (on behalf of a grievant who is a member of the bargaining unit) shall be entitled to file a grievance with the Foreign Service Grievance Board for its consideration and resolution.
Grievances based on alleged discrimination
In applying subsection (a) with respect to an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title, the reference to “2 years” shall be deemed to read “180 days”, subject to paragraph (2).
If the occurrence or occurrences giving rise to the grievance are alleged to have occurred while the grievant was assigned to a post abroad, the 180-day period provided for under paragraph (1) shall not commence until the earlier of—
the date as of which the grievant is no longer assigned to such post; or
the expiration of the 18-month period beginning on the date of the occurrence giving rise to the grievance or the last such occurrence, as the case may be.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 1104 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4134
Pub. L. 96–465, title I, § 1104, Oct. 17, 1980, 94 Stat. 2144
Source evidence
Code source credit
Pub. L. 96–465, title I, § 1104, Oct. 17, 1980, 94 Stat. 2144Enacted provision · exact public law section
Sec. 1104. Time Limitations.— (a) A grievance is forever barred unless it is filed with the Department within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative. There shall be excluded from the computation of any such period any time during which, as determined by the Foreign Service Grievance Board, the grievant was unaware of the grounds for the grievance and could not have discovered such grounds through reasonable diligence. (b) If a grievance is not resolved under Department procedures (which have been negotiated with the exclusive representative, if any) within ninety days after it is filed with the Department, the grievant or the exclusive representative (on behalf of a grievant who is a member of the bargaining unit) shall be entitled to file a grievance with the Foreign Service Grievance Board for its consideration and resolution.Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
Pub. L. 102–138 § 153(b)(1) · 105 Stat. 647
Inserted · 22 U.S.C. § 4134(a)
Pub. L. 102–138, § 153(b)(1), inserted “under this subchapter” before “unless”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–138, § 153(b)(1), inserted “under this subchapter” before “unless”.Enacted provision · exact public law section
(1) by inserting “under this chapter” before “unless”; andForeign Relations Authorization Act, Fiscal Years 1992 and 1993
Pub. L. 102–138 § 153(b)(2) · 105 Stat. 647
Added · 22 U.S.C. § 4134(c)
Pub. L. 102–138, § 153(b)(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–138, § 153(b)(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end the following: “(c) (1) In applying subsection (a) with respect to an alleged violation of a law, rule, regulation, or policy directive referred to in section 1101(a)(1)(H), the reference to ‘3 years’ shall be deemed to read ‘180 days’, subject to paragraph (2). “(2) If the occurrence or occurrences giving rise to the grievance are alleged to have occurred while the grievant was assigned to a post abroad, the 180-day period provided for under paragraph (1) shall not commence until the earlier of— “(A) the date as of which the grievant is no longer assigned to such post; or “(B) the expiration of the 18-month period beginning on the date of the occurrence giving rise to the grievance or the last such occurrence, as the case may be.”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(dA)(tIII)(s330)(a) · 113 Stat. 1501
Substituted · 22 U.S.C. § 4134(a)
Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(a)], in first sentence, substituted “not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case less than two years after the occurrence giving rise to the grievance.” for “within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(a)], in first sentence, substituted “not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case less than two years after the occurrence giving rise to the grievance.” for “within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative.”Effective date note
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided that: “The amendments made by this section [amending this section] shall take effect 180 days after the date of enactment of this Act [Nov. 29, 1999] and shall apply to grievances which arise on or after such effective date.”District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(dA)(tIII)(s330)(b) · 113 Stat. 1501
Substituted · 22 U.S.C. § 4134(c)(1)
Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(b)], substituted “ ‘2 years’ ” for “ ‘3 years’ ”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(b)], substituted “ ‘2 years’ ” for “ ‘3 years’ ”.Effective date note
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided that: “The amendments made by this section [amending this section] shall take effect 180 days after the date of enactment of this Act [Nov. 29, 1999] and shall apply to grievances which arise on or after such effective date.”Foreign Relations Authorization Act, Fiscal Year 2003
Pub. L. 107–228 div. A title III § 317 · 116 Stat. 1350
Substituted · 22 U.S.C. § 4134(a)
Pub. L. 107–228 substituted “but in no case more than three years” for “but in no case less than two years”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–228 substituted “but in no case more than three years” for “but in no case less than two years”.Enacted provision · exact public law section
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING. Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C. 4134(a)) is amended in the first sentence by striking “but in no case less than two years” and inserting “but in no case more than three years”.
4 of 6 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1991–2002 · 3 rounds
2002
Subsec. (a). Pub. L. 107–228 substituted “but in no case more than three years” for “but in no case less than two years”.
1999
Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(a)], in first sentence, substituted “not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case less than two years after the occurrence giving rise to the grievance.” for “within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative.”
Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(b)], substituted “ ‘2 years’ ” for “ ‘3 years’ ”.
1991
Subsec. (a). Pub. L. 102–138, § 153(b)(1), inserted “under this subchapter” before “unless”.
Subsec. (c). Pub. L. 102–138, § 153(b)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(c)], , 113 Stat. 1536, 1501A–438, provided that: “The amendments made by this section [amending this section] shall take effect 180 days after the date of enactment of this Act [] and shall apply to grievances which arise on or after such effective date.”
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before , see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.