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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 4134. Time limitations

Statutory text

(a)

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.

(b)

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.

(c)

Grievances based on alleged discrimination

(1)

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).

(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.

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.

  1. 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. 2144

    Enacted 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.

  2. 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”; and

  3. Foreign 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.”.

  4. 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.”

  5. 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.”

  6. 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.

Credits

1980–2002 · 4 acts
  1. 1980Pub. L. 96–465, title I, § 1104, , 94 Stat. 2144
  2. 1991Pub. L. 102–138, title I, § 153(b), , 105 Stat. 673
  3. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(a), (b)], , 113 Stat. 1536, 1501A–438
  4. 2002Pub. L. 107–228, div. A, title III, § 317, , 116 Stat. 1379.
Show as published

(Pub. L. 96–465, title I, § 1104, , 94 Stat. 2144; Pub. L. 102–138, title I, § 153(b), , 105 Stat. 673; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(a), (b)], , 113 Stat. 1536, 1501A–438; Pub. L. 107–228, div. A, title III, § 317, , 116 Stat. 1379.)

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