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LegalText 22 U.S.C. § 4138 Access to records us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 4138 22 U.S.C. § 4138 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip /us/usc/t22/s4138 data/legal/raw/us/code/title-22/usc22.xml 97a83f81ae701cf9e8ae4b94aa38e2c61baf3c3a943eba6d10c3fb3dc7945a3e b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 c5437ef24b7d138f058d6190975e04dea00b7f342be705e621e525b920d016c3 2026-07-04 official
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22 U.S.C. § 4138 - Access to records

Text

(a) Review by Foreign Service Grievance Board of decision denying access If a grievant is denied access to any agency record prior to or during the consideration of the grievance by the Department, the grievant may raise such denial before the Board in connection with the grievance.

(b) Access by Foreign Service Grievance Board; relevant and material records; adverse effect on national security or foreign policy In considering a grievance, the Board shall have access to any agency record as follows:

(1) (A) The Board shall request access to any agency record which the grievant requests to substantiate the grievance if the Board determines that such record may be relevant and material to the grievance.

(B) The Board may request access to any other agency record which the Board determines may be relevant and material to the grievance.

(2) Any agency shall make available to the Board any agency record requested under paragraph (1) unless the head or deputy head of such agency personally certifies in writing to the Board that disclosure of the record to the Board and the grievant would adversely affect the foreign policy or national security of the United States or that such disclosure is prohibited by law. If such a certification is made with respect to any record, the agency shall supply to the Board a summary or extract of such record unless the reasons specified in the preceding sentence preclude such a summary or extract.

(c) Access by grievant If the Board determines that an agency record, or a summary or extract of a record, made available to the Board under subsection (b) is relevant and material to the grievance, the agency concerned shall make such record, summary, or extract, as the case may be, available to the grievant.

(d) Denial of access as factor in determination of grievance In considering a grievance, the Board may take into account the fact that the grievant or the Board was denied access to an agency record which the Board determines is or may be relevant and material to the grievance.

(e) Proceedings and decisions of Foreign Service Grievance Board The grievant in any case decided by the Board shall have access to the record of the proceedings and the decision of the Board.

(Pub. L. 96465, title I, § 1108, Oct. 17, 1980, 94 Stat. 2147.)