View all text of Subchapter XI [§ 4131 - § 4140]
§ 4138. Access to records
(a) Review by Foreign Service Grievance Board of decision denying access
(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
(d) Denial of access as factor in determination of grievance
(e) Proceedings and decisions of Foreign Service Grievance Board
(Pub. L. 96–465, title I, § 1108, Oct. 17, 1980, 94 Stat. 2147.)