§ 4131. Definitions and applicability

Footnotes

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 1101 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4131

   Pub. L. 96–465, title I, § 1101, Oct. 17, 1980, 94 Stat. 2142

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1101, Oct. 17, 1980, 94 Stat. 2142

   Enacted provision · exact public law section
   Sec. 1101. Definition of Grievance.— (a) (1) Except as provided in subsection (b), for purposes of this chapter, 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 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 chapter; and (G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations. (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 chapter 10 (hereinafter in this chapter referred to as the Ante. p. 2128. “exclusive representative”). (b) For purposes of this chapter, the term “grievance” does not include— (1) an individual assignment of a member under chapter 5, Ante, p. 2092. other than an assignment alleged to be contrary to law or regulation; (2) the judgment of a selection board established under section 602, a tenure board established under section 306(b), 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 611, or the denial of a limited career extension or of a renewal of a limited career extension under section 607(b); or (4) any complaint or appeal where a specific statutory hearing procedure exists, except as provided in section 1109(b). (c) This chapter applies only with respect to the Department of State, the International Communication Agency, the United States International Development Cooperation Agency, the Department of Agriculture, and the Department of Commerce.

2. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 153(a)(1) · 105 Stat. 647

   Added · 22 U.S.C. § 4131(a)(1)(H)

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

   Source evidence

   Code amendment note
   Subsec. (a)(1)(H). Pub. L. 102–138, § 153(a)(1), added subpar. (H).

   Enacted provision · exact public law section
   (1) Section 1101(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4131(a)(1)) (hereinafter in this section referred to as “the Act”) is amended— (A) by striking “and” at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting “; and”; and (C) by adding at the end the following: “(H) any discrimination prohibited by— “(i) section 717 of the Civil Rights Act of 1964, “(ii) section 6(d) of the Fair Labor Standards Act of 1938, “(iii) section 501 of the Rehabilitation Act of 1973, “(iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967, or “(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv).”.

3. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 153(a)(2) · 105 Stat. 647

   1. Substituted · 22 U.S.C. § 4131(b)

      Pub. L. 102–138, § 153(a)(2), in par. (4), substituted “section 4139(a)(2)” for “section 4139(b)”

   2. Inserted · 22 U.S.C. § 4131(b)

      Pub. L. 102–138, § 153(a)(2), in par. (4), 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–138, § 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) from such term.”

   Enacted provision · exact public law section
   (2) Section 1101(b) of the Act (22 U.S.C. 4131(b)) is amended— (A) in paragraph (4) by striking “section 1109(b).” and inserting “section 1109(a)(2).”; and (B) by adding at the end (as a flush left sentence) the following: “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.”.

4. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 § 180(a)(10) · 108 Stat. 382

   Inserted · 22 U.S.C. § 4131(a)(1)

   Pub. L. 103–236, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–236, § 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.

   Enacted provision · exact public law section
   (10) Section 1101(a)(l) of such Act is amended by inserting “(other than a United States citizen employed under section 311 who is not a family member)” after “citizen of the United States”.

5. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 § 181(a)(4) · 108 Stat. 382

   Changed · 22 U.S.C. § 4131(b)(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   (4) Chapter 11 of the Foreign Service Act of 1980 is amended— (A) in section 1101(b)(3) by striking 22 USC 4131. “611” and inserting “612”; and (B) in section 1106(8) by inserting before the period 22 USC 4136. at the end of the paragraph “or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 611”.

6. 1998

   Pub. L. 105–277 § 1422(b)(4)(D) · 112 Stat. 2681

   Substituted · 22 U.S.C. § 4131(c)

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

   Source evidence

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

   Effective date note
   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.

7. 1998

   Pub. L. 105–277 § 1335(k)(4) · 112 Stat. 2681

   Substituted · 22 U.S.C. § 4131(c)

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

   Target inherited from the preceding amendment note.

   Source evidence

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

   Effective date note
   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.

6 of 8 references resolved to an enrolled provision · 2 partial