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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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| LegalText | 22 U.S.C. § 4139 | Relationship to other remedies | us | united_states_code | code_section | 22 | FOREIGN RELATIONS AND INTERCOURSE | 52 | FOREIGN SERVICE | 4139 | 22 U.S.C. § 4139 | current | 119-100 | 2026-06-26 | official | https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip | /us/usc/t22/s4139 | data/legal/raw/us/code/title-22/usc22.xml | 32cd66d564f0dfc32bd8a162dc6fc3774859e17b8864732512c44ab9ed09ea5a | b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 | e0de32b48cee8ef33e30cebf5947c68dbe975cddb3f2378f406e01bb5ce65641 | 2026-07-04 | official |
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22 U.S.C. § 4139 - Relationship to other remedies
Text
(a) (1) 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 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2) If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies.
(b) (1) 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, a grievant may either—
(A) file a grievance under this subchapter, 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 subchapter, or
(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
(Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148; Pub. L. 101–12, § 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102–138, title I, § 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)
Notes
Editorial Notes
Amendments1991—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). Subsec. (b). Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2). 1989—Subsec. (a). Pub. L. 101–12 substituted “1214 or 1221” for “1206”.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentAmendment 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.
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of Title 5, Government Organization and Employees.