§ 4131. — Definitions and applicability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4131]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XI--GRIEVANCES
Sec. 4131. Definitions and applicability
(a)(1) Except as provided in subsection (b) of this section, for
purposes of this subchapter, the term ``grievance'' means any act,
omission, or condition subject to the control of the Secretary which is
alleged to deprive a member of the Service who is a citizen of the
United States (other than a United States citizen employed under section
3951 of this title who is not a family member) of a right or benefit
authorized by law or regulation or which is otherwise a source of
concern or dissatisfaction to the member, including--
(A) separation of the member allegedly contrary to laws or
regulations, or predicated upon alleged inaccuracy, omission, error,
or falsely prejudicial character of information in any part of the
official personnel record of the member;
(B) other alleged violation, misinterpretation, or
misapplication of applicable laws, regulations, or published policy
affecting the terms and conditions of the employment or career
status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of
the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial
character of information in the official personnel record of the
member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other
interference with freedom of action in connection with participation
by the member in procedures under this subchapter;
(G) alleged denial of an allowance, premium pay, or other
financial benefit to which the member claims entitlement under
applicable laws or regulations; and
(H) any discrimination prohibited by--
(i) section 2000e-16 of title 42,
(ii) section 206(d) of title 29,
(iii) section 791 of title 29,
(iv) sections 631 and 633a of title 29, or
(v) any rule, regulation, or policy directive prescribed
under any provision of law described in clauses (i) through
(iv).
(2) The scope of grievances described in paragraph (1) may be
modified by written agreement between the Department and the labor
organization accorded recognition as the exclusive representative under
subchapter X of this chapter (hereinafter in this subchapter referred to
as the ``exclusive representative'').
(b) For purposes of this subchapter, the term ``grievance'' does not
include--
(1) an individual assignment of a member under subchapter V of
this chapter, other than an assignment alleged to be contrary to law
or regulation;
(2) the judgment of a selection board established under section
4002 of this title, a tenure board established under section 3946(b)
of this title, or any other equivalent body established by laws or
regulations which similarly evaluates the performance of members of
the Service on a comparative basis;
(3) the expiration of a limited appointment, the termination of
a limited appointment under section 4011 of this title, or the
denial of a limited career extension or of a renewal of a limited
career extension under section 4007(b) of this title; or
(4) any complaint or appeal where a specific statutory hearing
procedure exists, except as provided in section 4139(a)(2) of this
title.
Nothing in this subsection shall exclude any act, omission, or condition
alleged to violate any law, rule, regulation, or policy directive
referred to in subsection (a)(1)(H) of this section from such term.
(c) This subchapter applies only with respect to the Department of
State, Broadcasting \1\ Board of Governors, the Agency for International
Development, the Department of Agriculture, and the Department of
Commerce.
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\1\ So in original. Probably should be ``the Broadcasting''.
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(Pub. L. 96-465, title I, Sec. 1101, Oct. 17, 1980, 94 Stat. 2142; Pub.
L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L.
102-138, title I, Sec. 153(a), Oct. 28, 1991, 105 Stat. 673; Pub. L.
103-236, title I, Secs. 180(a)(10), 181(a)(4)(A), Apr. 30, 1994, 108
Stat. 416, 417; Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1335(k)(4), title XIV, Sec. 1422(b)(4)(D), Oct. 21, 1998, 112 Stat.
2681-789, 2681-793.)
Amendments
1998--Subsec. (c). Pub. L. 105-277, Sec. 1422(b)(4)(D), substituted
``Agency for International Development'' for ``United States
International Development Cooperation Agency''.
Pub. L. 105-277, Sec. 1335(k)(4), substituted ``Broadcasting Board
of Governors,'' for ``the United States Information Agency,''.
1994--Subsec. (a)(1). Pub. L. 103-236, Sec. 180(a)(10), inserted
``(other than a United States citizen employed under section 3951 of
this title who is not a family member)'' after ``citizen of the United
States'' in introductory provisions.
Subsec. (b)(3). Pub. L. 103-236, Sec. 181(a)(4), made technical
amendment to reference to section 4011 of this title to reflect
renumbering of corresponding section of original act.
1991--Subsec. (a)(1)(H). Pub. L. 102-138, Sec. 153(a)(1), added
subpar. (H).
Subsec. (b). Pub. L. 102-138, Sec. 153(a)(2), in par. (4),
substituted ``section 4139(a)(2)'' for ``section 4139(b)'' and inserted
at end ``Nothing in this subsection shall exclude any act, omission, or
condition alleged to violate any law, rule, regulation, or policy
directive referred to in subsection (a)(1)(H) of this section from such
term.''
Change of Name
``United States Information Agency'' substituted for ``International
Communication Agency'' in subsec. (c), pursuant to section 303(b) of
Pub. L. 97-241, set out as a note under section 1461 of this title.
Effective Date of 1998 Amendment
Amendment by section 1335(k)(4) of Pub. L. 105-277 effective Oct. 1,
1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date
note under section 6531 of this title.
Amendment by section 1422(b)(4)(D) of Pub. L. 105-277 effective Apr.
1, 1999, see section 1401 of Pub. L. 105-277, set out as an Effective
Date note under section 6561 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-138 not applicable with respect to any
grievance, within the meaning of this section, 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 sections 4102, 4113, 4132, 4134,
4137, 4139, 4140 of this title; title 5 section 5596.
