§ 4140. — Judicial review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4140]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XI--GRIEVANCES
Sec. 4140. Judicial review
(a) 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, 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). Section 706 of title 5 shall apply without
limitation or exception. This subsection shall not apply to any
grievance with respect to which subsection (b) of this section applies.
(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
4131(a)(1)(H) of this title, 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.
(Pub. L. 96-465, title I, Sec. 1110, Oct. 17, 1980, 94 Stat. 2148; Pub.
L. 102-138, title I, Sec. 153(e), Oct. 28, 1991, 105 Stat. 674; Pub. L.
103-236, title I, Sec. 177(b), Apr. 30, 1994, 108 Stat. 414.)
Amendments
1994--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)''.
1991--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).
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.
Judicial Review of Certain Foreign Service Grievances
Pub. L. 101-246, title I, Sec. 152, Feb. 16, 1990, 104 Stat. 42,
provided that: ``For the purposes of judicial review under section 1110
of the Foreign Service Act of 1980 [22 U.S.C. 4140], any recommendation
made by the Foreign Service Grievance Board with respect to the tenure
of a grievant which was reviewed by the Secretary of State before the
date of enactment of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 [Dec. 22, 1987], shall be considered to be a final
action of the Department of State, and any such recommendation shall be
considered to have been made within the authority of the Foreign Service
Grievance Board.''
Section Referred to in Other Sections
This section is referred to in sections 4010, 4137 of this title.
