§ 4140. Judicial review

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 § 1110 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4140

   Pub. L. 96–465, title I, § 1110, Oct. 17, 1980, 94 Stat. 2148

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1110, Oct. 17, 1980, 94 Stat. 2148

   Enacted provision · exact public law section
   Sec. 1110. Judicial Review.— Any aggrieved party may obtain judicial review of a final action of the Secretary or the Board on any grievance in the district courts of the United States in accordance with the standards set forth in chapter 7 of title 5, United States 5 USC 701 et seq. Code. Section 706 of title 5, United States Code, shall apply without limitation or exception.

2. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 title I § 153(e) · 105 Stat. 647

   1. Amended · 22 U.S.C. § 4140

      Pub. L. 102–138 designated existing provisions as subsec. (a)

   2. Inserted · 22 U.S.C. § 4140

      Pub. L. 102–138 inserted provision that subsec. (a) not apply to any grievance with respect to which subsec. (b) applies

   3. Added · 22 U.S.C. § 4140

      Pub. L. 102–138 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 102–138 designated existing provisions as subsec. (a), inserted provision that subsec. (a) not apply to any grievance with respect to which subsec. (b) applies, and added subsec. (b).

   Enacted provision · exact public law section
   (e) Judicial Review.— Section 1110 of the Act (22 U.S.C. 4140) is amended— (1) by striking “Any” and inserting “(a) Any”; (2) by adding after the second sentence the following new sentence: “This subsection shall not apply to any grievance with respect to which subsection (b) applies.”; and (3) by adding at the end the following new subsection: “(b) (1) For purposes of this subsection, the term ‘aggrieved party’ means a grievant. “(2) 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), judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.”.

   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.

3. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 177(b) · 108 Stat. 382

   Inserted · 22 U.S.C. § 4140(a)

   Pub. L. 103–236 inserted before period at end of first sentence “, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–236 inserted before period at end of first sentence “, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States)”.

   Enacted provision · exact public law section
   (b) Time Limitation on Requests for Judicial Review.— Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140) is amended in the first sentence by inserting before the period “, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States)”.

5 of 5 references resolved to an enrolled provision