§ 4139. Relationship to other remedies

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. 1980

   Pub. L. 96–465 title I § 1109 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4139

   Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148

   Enacted provision · exact public law section
   Sec. 1109. Relationship to Other Remedies.— (a) A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1206 of title 5, United States Code, and the matter has been carried to final decision under such provision on its merits or is still under consideration. (b) If a grievant is not prohibited from filing a grievance under subsection (a), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 5 USC 1201 et seq. 12 of title 5, United States Code, or a regulation or Executive order other than under this chapter. An election of remedies under this section shall be final upon the acceptance of jurisdiction by the Board.

2. 1989

   Whistleblower Protection Act of 1989

   Pub. L. 101–12 § 9(a)(3) · 103 Stat. 16

   Substituted · 22 U.S.C. § 4139(a)

   Pub. L. 101–12 substituted “1214 or 1221” for “1206”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–12 substituted “1214 or 1221” for “1206”.

   Enacted provision · exact public law section
   (3) Section 1109(a) of the Foreign Service Act of 1980 (22 U.S.C. 4139(a)) is amended by striking “1206” and inserting “1214 or 1221”.

3. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 153(d)(1)(A) · 105 Stat. 647

   1. Redesignated · 22 U.S.C. § 4139(a)

      Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1)

   2. Redesignated · 22 U.S.C. § 4139(a)

      Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (b) as par. (2) of subsec. (a)

   3. Substituted · 22 U.S.C. § 4139(a)

      Pub. L. 102–138, § 153(d)(1)(A), (B), substituted “paragraph (1)” for “subsection (a) of this section”

   4. Substituted · 22 U.S.C. § 4139(a)

      Pub. L. 102–138, § 153(d)(1)(A), (B), substituted “under this subsection” for “under this section”

   5. Added · 22 U.S.C. § 4139(a)

      Pub. L. 102–138, § 153(d)(1)(A), (B), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1), redesignated former subsec. (b) as par. (2) of subsec. (a) and substituted “paragraph (1)” for “subsection (a) of this section” and “under this subsection” for “under this section”, and added par. (3).

   Enacted provision · exact public law section
   (A) in subsection (a) by striking “(a)” and inserting “(a)(1)”;

   Effective date note
   Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.

4. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 153(d)(1)(C) · 105 Stat. 647

   Redesignated · 22 U.S.C. § 4139(b)

   Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(b) (1) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 1101(a)(1)(H), a grievant may either— “(A) file a grievance under this chapter, or “(B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief, but not both. “(2) A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either— “(A) files a grievance under this chapter, or “(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.”.

   Effective date note
   Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.

8 of 8 references resolved to an enrolled provision