§ 4004. — Records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4004]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER VI--PROMOTION AND RETENTION
Sec. 4004. Records
(a) The records described in section 4003(a) of this title shall be
maintained in accordance with regulations prescribed by the Secretary.
Except to the extent that they pertain to the receipt, disbursement, and
accounting for public funds, such records shall be confidential and
subject to inspection only by the President, the Secretary, such
employees of the Government as may be authorized by law or assigned by
the Secretary to work on such records, the legislative and
appropriations committees of the Congress charged with considering
legislation and appropriations for the Service, and representatives duly
authorized by such committees. Access to such records relating to a
member of the Service shall be granted to such member, upon written
request.
(b) Notwithstanding subsection (a) of this section, any record of
disciplinary action that includes a suspension of more than five days
taken against a member of the Service, including any correction of that
record under section 4137(b)(1) of this title, shall remain a part of
the personnel records until the member is tenured as a career member of
the Service or next promoted.
(Pub. L. 96-465, title I, Sec. 604, Oct. 17, 1980, 94 Stat. 2096; Pub.
L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 327(a)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-438.)
Amendments
1999--Pub. L. 106-113, in section catchline, substituted ``Records''
for ``Confidentiality of records'', designated existing provisions as
subsec. (a), and added subsec. (b).
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 327(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438, provided that:
``The amendments made by this section [amending this section] apply to
all disciplinary actions initiated on or after the date of enactment of
this Act [Nov. 29, 1999].''
