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

(a)(1) Except as subsection (b) provides, “grievance” means an act, omission, or condition under the Secretary's control that allegedly denies a United States-citizen Service member, other than a non-family-member citizen employee under section 3951, a right or benefit authorized by law or regulation, or otherwise causes the member concern or dissatisfaction. It includes (A) allegedly unlawful separation or separation based on inaccurate, omitted, erroneous, or falsely prejudicial information in any official personnel record; (B) an alleged violation, misinterpretation, or misapplication of applicable law, regulation, or published policy affecting employment terms or career status; (C) allegedly wrongful discipline; (D) dissatisfaction with the working environment; (E) allegedly inaccurate, omitted, erroneous, or falsely prejudicial personnel-record information that is or could be harmful; (F) alleged reprisal or interference with freedom of action connected to participating in this subchapter's procedures; (G) alleged denial of an allowance, premium pay, or other financial benefit claimed under law or regulation; and (H) discrimination prohibited by (i) title 42 section 2000e–16, (ii) title 29 section 206(d), (iii) title 29 section 791, (iv) title 29 sections 631 and 633a, or (v) rules, regulations, or policy directives under those laws. (2) The Department and the labor organization recognized as the exclusive representative under subchapter X may change this grievance scope by written agreement. (b) The term does not include (1) an individual assignment under subchapter V, unless allegedly unlawful or contrary to regulation; (2) the judgment of a selection board under section 4002, a tenure board under section 3946(b), or equivalent body that comparatively evaluates Service members; (3) expiration or termination of a limited appointment, or denial or nonrenewal of a limited career extension under the listed sections; or (4) a complaint or appeal with a specific statutory hearing procedure, except as section 4139(a)(2) provides. However, an act, omission, or condition alleged to violate an antidiscrimination law, rule, regulation, or directive listed in subsection (a)(1)(H) is not excluded. (c) This subchapter applies only to the Department of State, Broadcasting Board of Governors, Agency for International Development, Department of Agriculture, and Department of Commerce.