US Code

Public Law 119-87 (04/30/2026)

22 U.S.C. § 4139

Relationship to other remedies

(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)
section 4131(a)(1)(H) of this title With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in , 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, § 110994 Stat. 2148 Pub. L. 101–12, § 9(a)(3)103 Stat. 35 Pub. L. 102–138, title I, § 153(d)(1)105 Stat. 673 (, , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 102–138, § 153(d)(1)(A)1991—Subsec. (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).

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

Pub. L. 101–121989—Subsec. (a). substituted “1214 or 1221” for “1206”.

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

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

Effective Date of 1989 Amendment

Pub. L. 101–12section 11 of Pub. L. 101–12section 1201 of Title 5Amendment by effective 90 days following , see , set out as a note under , Government Organization and Employees.