22 U.S.C. § 4131 | Definitions and applicability

(a)

(1)

section 3951 of this title Except as provided in subsection (b), 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 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 (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, other than an assignment alleged to be contrary to law or regulation;

(2)

section 4002 of this title section 3946(b) of this title the judgment of a selection board established under , a tenure board established under , 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)

section 4011 of this title section 4007(b) of this title the expiration of a limited appointment, the termination of a limited appointment under , or the denial of a limited career extension or of a renewal of a limited career extension under ; or

(4)

section 4139(a)(2) of this title any complaint or appeal where a specific statutory hearing procedure exists, except as provided in .

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) from such term.

(c)

1 So in original. Probably should be “the Broadcasting”.

This subchapter applies only with respect to the Department of State, Broadcasting  Board of Governors, the Agency for International Development, the Department of Agriculture, and the Department of Commerce.

Pub. L. 96–465, title I, § 1101Oct. 17, 198094 Stat. 2142 Pub. L. 97–241, title III, § 303(b)Aug. 24, 198296 Stat. 291 Pub. L. 102–138, title I, § 153(a)Oct. 28, 1991105 Stat. 673 Pub. L. 103–236, title IApr. 30, 1994108 Stat. 416 Pub. L. 105–277, div. GOct. 21, 1998112 Stat. 2681–789(, , ; , , ; , , ; , §§ 180(a)(10), 181(a)(4)(A), , , 417; , subdiv. A, title XIII, § 1335(k)(4), title XIV, § 1422(b)(4)(D), , , 2681–793.)

Editorial Notes

Amendments

Pub. L. 105–277, § 1422(b)(4)(D)1998—Subsec. (c). , substituted “Agency for International Development” for “United States International Development Cooperation Agency”.

Pub. L. 105–277, § 1335(k)(4), substituted “Broadcasting Board of Governors,” for “the United States Information Agency,”.

Pub. L. 103–236, § 180(a)(10)section 3951 of this title1994—Subsec. (a)(1). , inserted “(other than a United States citizen employed under who is not a family member)” after “citizen of the United States” in introductory provisions.

Pub. L. 103–236, § 181(a)(4)section 4011 of this titleSubsec. (b)(3). , made technical amendment to reference to to reflect renumbering of corresponding section of original act.

Pub. L. 102–138, § 153(a)(1)1991—Subsec. (a)(1)(H). , added subpar. (H).

Pub. L. 102–138, § 153(a)(2)Subsec. (b). , 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) from such term.”

Statutory Notes and Related Subsidiaries

Change of Name

section 6204(a)(21) of this titleMay 24, 2018Aug. 22, 2018Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to . The renaming was effectuated by notice to congressional appropriations committees dated , and became effective .

section 303(b) of Pub. L. 97–241 section 1461 of this title“United States Information Agency” substituted for “International Communication Agency” in subsec. (c), pursuant to , set out as a note under .

Effective Date of 1998 Amendment

section 1335(k)(4) of Pub. L. 105–277Oct. 1, 1999section 1301 of Pub. L. 105–277 section 6531 of this titleAmendment by effective , see , set out as an Effective Date note under .

section 1422(b)(4)(D) of Pub. L. 105–277Apr. 1, 1999section 1401 of Pub. L. 105–277 section 6561 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1991 Amendment

Pub. L. 102–138Oct. 28, 1991section 153(f) of Pub. L. 102–138 section 4115 of this titleAmendment by not applicable with respect to any grievance, within the meaning of this section, arising before , see , set out as a note under .