---
kind: "section"
citation: "22 U.S.C. § 4133"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4133"
heading: "Freedom of action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4133"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter XI — Grievances"
---

# §4133. Freedom of action

- (a) **Nature of protection—** Any individual filing a [grievance](/usc/22/4131.md?p=a-1) under this subchapter (hereinafter in this subchapter referred to as the “grievant”), and any witness, [labor organization](/usc/22/4102.md?p=11), or other [person](/usc/22/4102.md?p=14) involved in a [grievance](/usc/22/4131.md?p=a-1) proceeding, shall be free from any restraint, interference, coercion, harassment, discrimination, or reprisal in those proceedings or by virtue of them.
- (b) **Right to representation—**
  - (1) The grievant has the right to a representative of his or her own choosing at every stage of the proceedings under this subchapter.
  - (2) In any case where the grievant is a member of a bargaining unit represented by an [exclusive representative](/usc/22/4102.md?p=9), but is not represented in the [grievance](/usc/22/4131.md?p=a-1) by that [exclusive representative](/usc/22/4102.md?p=9), the [exclusive representative](/usc/22/4102.md?p=9) shall have the right to appear during the [grievance](/usc/22/4131.md?p=a-1) proceedings.
  - (3) The grievant, and any representative of the grievant who is a member of the Service or [employee](/usc/22/4102.md?p=8) of the [Department](/usc/22/3902.md?p=4), shall be granted reasonable periods of administrative leave to prepare and present the [grievance](/usc/22/4131.md?p=a-1) and to attend proceedings under this subchapter.
- (c) **Administrative leave for witnesses—** Any witness who is a member of the Service or [employee](/usc/22/4102.md?p=8) of the [Department](/usc/22/3902.md?p=4) shall be granted reasonable periods of administrative leave to appear and testify at any proceedings under this subchapter.
- (d) **Records—**
  - (1) No record of—
    - (A) a determination by the [Secretary](/usc/22/3902.md?p=10) to reject a recommendation of the Foreign Service [Grievance](/usc/22/4131.md?p=a-1) [Board](/usc/22/4102.md?p=2),
    - (B) a finding by the [Grievance](/usc/22/4131.md?p=a-1) [Board](/usc/22/4102.md?p=2) against the grievant, or
    - (C) the fact that a [grievance](/usc/22/4131.md?p=a-1) proceeding is pending or has been held,

    shall be entered in the personnel records of the grievant (except by order of the [Grievance](/usc/22/4131.md?p=a-1) [Board](/usc/22/4102.md?p=2) as a remedy for the [grievance](/usc/22/4131.md?p=a-1)) or those of any other individual connected with the [grievance](/usc/22/4131.md?p=a-1). Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant’s personnel records nor prevent the [Department](/usc/22/3902.md?p=4) from including a response to such rebuttal, including documenting those cases in which the [Board](/usc/22/4102.md?p=2) has reviewed and upheld the discipline.

  - (2) The [Department](/usc/22/3902.md?p=4) shall maintain records pertaining to [grievances](/usc/22/4131.md?p=a-1) under appropriate safeguards to preserve confidentiality.
  - (3) The Foreign Service [Grievance](/usc/22/4131.md?p=a-1) [Board](/usc/22/4102.md?p=2) may enforce compliance with the requirements of paragraphs [(1)](#d-1) and [(2)](#d-2).
- (e) **Expedition of security clearance procedures—** The [Department](/usc/22/3902.md?p=4) will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a [grievance](/usc/22/4131.md?p=a-1).

## Source credit

(Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 329], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)

## Notes

### Editorial Notes

### Amendments

1999—Subsec. (d)(1). Pub. L. 106–113 inserted at end “Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant’s personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline.”