[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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
