
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4138]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                        SUBCHAPTER XI--GRIEVANCES
 
Sec. 4138. Access to records


(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) of 
this section 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. 96-465, title I, Sec. 1108, Oct. 17, 1980, 94 Stat. 2147.)
