§ 4134. — Time limitations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4134]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XI--GRIEVANCES
Sec. 4134. Time limitations
(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) of this section 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.
(Pub. L. 96-465, title I, Sec. 1104, Oct. 17, 1980, 94 Stat. 2144; Pub.
L. 102-138, title I, Sec. 153(b), Oct. 28, 1991, 105 Stat. 673; Pub. L.
106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 330(a), (b)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-438; Pub. L. 107-228, div. A, title
III, Sec. 317, Sept. 30, 2002, 116 Stat. 1379.)
Amendments
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, Sec. 1000(a)(7) [div. A, title
III, Sec. 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, Sec. 1000(a)(7) [div. A, title III,
Sec. 330(b)], substituted `` `2 years' '' for `` `3 years' ''.
1991--Subsec. (a). Pub. L. 102-138, Sec. 153(b)(1), inserted ``under
this subchapter'' before ``unless''.
Subsec. (c). Pub. L. 102-138, Sec. 153(b)(2), added subsec. (c).
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 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.''
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 Oct. 28, 1991, see section 153(f) of Pub. L. 102-138, set out as
a note under section 4115 of this title.
Section Referred to in Other Sections
This section is referred to in section 4132 of this title.
