Page:United States Statutes at Large Volume 105 Part 1.djvu/702

This page needs to be proofread.


105 STAT. 674 PUBLIC LAW 102-138—OCT. 28, 1991 (i) by striking "(b)" and inserting "(2)"; (ii) by striking "subsection (a)," and inserting "paragraph (1),"; (iii) by striking "under this section" and inserting "under this subsection"; and (iv) by adding after paragraph (2), as so redesignated by clause (i), the following: "(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies."; and (C) by adding at the end the following: "(b)(1) 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), a grievant may either— "(A) file a grievance under this chapter, 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 chapter, or "(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.". (2) Section 1015(d) of the Act (22 U.S.C. 4115(d)) is amended by striking "section 1109(b)," and inserting "section 1109(a)(2),". (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: "03)(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.". 22 USC 4115 (f) APPLICABILITY. — The amendments made by this section shall "°*®- not apply with respect to any grievance (within the meaning of section 1101 of the Act, as amended by this section) arising before the date of enactment of this Act. Reports. SEC. 154. COMPENSATION FOR LOSS OF PERSONAL PROPERTY INCIDENT TO SERVICE. Not later than 90 days after enactment of this Act, the Department of State shall submit to the Chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives, a report on the need for the establishment of a mechanism to compensate employees of the Department of State who have legitimate claims resulting from loss of personal property under circumstances set forth in the Military Personnel and Civilian Employees Claims Act of 1964, as amended (31 U.S.C. 3721c), and