---
kind: "section"
citation: "22 U.S.C. § 4137"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4137"
heading: "Foreign Service Grievance Board decisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4137"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter XI — Grievances"
---

# §4137. Foreign Service Grievance Board decisions

- (a) **Record; findings of fact and statement of reasons—** Upon completion of its proceedings, the [Board](/usc/22/4102.md?p=2) shall expeditiously decide the [grievance](/usc/22/4131.md?p=a-1) on the basis of the record of proceedings. In each case the decision of the [Board](/usc/22/4102.md?p=2) shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the [Board](/usc/22/4102.md?p=2).
- (b) **Authority of Department upon finding of meritorious grievance—** If the [Board](/usc/22/4102.md?p=2) finds that the [grievance](/usc/22/4131.md?p=a-1) is meritorious, the [Board](/usc/22/4102.md?p=2) shall have the [authority](/usc/22/4102.md?p=1) to direct the [Department](/usc/22/3902.md?p=4)—
  - (1) to correct any official personnel record relating to the grievant which the [Board](/usc/22/4102.md?p=2) finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character;
  - (2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the [Board](/usc/22/4102.md?p=2) finds that such decision was arbitrary, capricious, or contrary to laws or regulations;
  - (3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved;
  - (4) to reinstate the grievant, and to grant the grievant back pay in accordance with [section 5596(b)(1) of title 5](/usc/5/5596.md?p=b-1);
  - (5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit [Systems](/usc/22/4071a.md?p=10) Protection [Board](/usc/22/4102.md?p=2) under [section 7701(g) of title 5](/usc/5/7701.md?p=g); and
  - (6) to take such other remedial action as may be appropriate under procedures agreed to by the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) (if any).
- (c) **Finality of decisions; judicial review—** Except as provided in [subsection (d)](#d), decisions of the [Board](/usc/22/4102.md?p=2) under this subchapter shall be final, subject only to judicial review as provided in [section 4140 of this title](/usc/22/4140.md).
- (d) **Recommendations—**
  - (1) If the [Board](/usc/22/4102.md?p=2) finds that the [grievance](/usc/22/4131.md?p=a-1) is meritorious and that remedial action should be taken that relates directly to promotion, tenure or assignment of the grievant or to other remedial action not otherwise provided for in this section, or if the [Board](/usc/22/4102.md?p=2) finds that the evidence before it warrants disciplinary action against any [employee](/usc/22/4102.md?p=8) of the [Department](/usc/22/3902.md?p=4) or member of the Service, it shall make an appropriate recommendation to the [Secretary](/usc/22/3902.md?p=10). The [Secretary](/usc/22/3902.md?p=10) shall make a written decision on the recommendation of the [Board](/usc/22/4102.md?p=2) within 30 days after receiving the recommendation. The [Secretary](/usc/22/3902.md?p=10) shall implement the recommendation of the [Board](/usc/22/4102.md?p=2) except to the extent that, in a decision made within that 30-day period, the [Secretary](/usc/22/3902.md?p=10) rejects the recommendation in whole or in part on the basis of a determination that implementation of the recommendation would be contrary to law or would adversely affect the foreign policy or national security of the United States. If the [Secretary](/usc/22/3902.md?p=10) rejects the recommendation in whole or in part, the decision shall specify the reasons for such action. Pending the decision of the [Secretary](/usc/22/3902.md?p=10), there shall be no ex parte communication concerning the [grievance](/usc/22/4131.md?p=a-1) between the [Secretary](/usc/22/3902.md?p=10) and any [person](/usc/22/4102.md?p=14) involved in the proceedings of the [Board](/usc/22/4102.md?p=2). The [Secretary](/usc/22/3902.md?p=10) shall, however, have access to the entire record of the proceedings of the [Board](/usc/22/4102.md?p=2).
  - (2) A recommendation under [paragraph (1)](#d-1) shall, for purposes of [section 4140 of this title](/usc/22/4140.md), be considered a final action upon the expiration of the 30-day period referred to in such paragraph, except to the extent that it is rejected by the [Secretary](/usc/22/3902.md?p=10) by an appropriate written decision.
  - (3)
    - (A) If the [Secretary](/usc/22/3902.md?p=10) makes a written decision under [paragraph (1)](#d-1) rejecting a recommendation in whole or in part on the basis of a determination that implementing such recommendation would be contrary to law, the [Secretary](/usc/22/3902.md?p=10) shall, within the 30-day period referred to in such paragraph—
      - (i) submit a copy of such decision to the [Board](/usc/22/4102.md?p=2); and
      - (ii) request that the [Board](/usc/22/4102.md?p=2) reconsider its recommendation or, if less than the entirety is rejected, that the [Board](/usc/22/4102.md?p=2) reconsider the portion rejected.
    - (B)
      - (i) Within 30 days after receiving a request under [subparagraph (A)](#d-3-A), the [Board](/usc/22/4102.md?p=2) shall, after reviewing the [Secretary](/usc/22/3902.md?p=10)’s decision, make a recommendation to the [Secretary](/usc/22/3902.md?p=10) either confirming, modifying, or vacating its original recommendation or, if less than the entirety was rejected, the portion involved.
      - (ii) Reconsideration under this subparagraph shall be limited to the question of whether implementing the [Board](/usc/22/4102.md?p=2)’s original recommendation, either in whole or in part, as applicable, would be contrary to law.
    - (C) A recommendation made under [subparagraph (B)](#d-3-B) shall be considered a final action for purposes of [section 4140 of this title](/usc/22/4140.md), and shall be implemented by the [Secretary](/usc/22/3902.md?p=10).
- (e) **Record of grievances; copy to committee of Congress; right of review—**
  - (1) The [Board](/usc/22/4102.md?p=2) shall maintain records of all [grievances](/usc/22/4131.md?p=a-1) awarded in favor of the grievant in which the [grievance](/usc/22/4131.md?p=a-1) concerns gross misconduct by a supervisor. Subject to [paragraph (2)](#e-2), the Committee on Foreign Relations of the Senate shall be provided with a copy of the [grievance](/usc/22/4131.md?p=a-1) decision whenever such a supervisor is nominated for any position requiring the advice and consent of the Senate and the [Board](/usc/22/4102.md?p=2) shall provide access to the entire record of any proceedings of the [Board](/usc/22/4102.md?p=2) concerning such a [grievance](/usc/22/4131.md?p=a-1) decision to any Member of the Committee on Foreign Relations upon a request by the Chairman or Ranking Minority Member of such committee.
  - (2)
    - (A) Except as provided in [subparagraph (B)](#e-2-B), all decisions, proceedings, and other records disclosed pursuant to [paragraph (1)](#e-1) shall be treated as confidential and may be disclosed only to Committee members and appropriate staff.
    - (B) Whenever material is provided to the Committee or a Member thereof pursuant to [paragraph (1)](#e-1), the [Board](/usc/22/4102.md?p=2) shall, at the same time, provide a copy of all such material to the supervisor who is the subject of such material.
    - (C) A supervisor who is the subject of records disclosed to the committee[^1] pursuant to this subsection shall have the right to review such record and provide comments to the Committee concerning such record. Such comments shall be treated in a confidential manner.
- (f) **Alleged discrimination; substantive law to be applied—** The [Board](/usc/22/4102.md?p=2) shall, with respect to any [grievance](/usc/22/4131.md?p=a-1) based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](/usc/22/4131.md?p=a-1-H), apply the substantive law that would be applied by the Equal Employment Opportunity [Commission](/usc/22/277d–43.md?p=2) if a charge or claim alleging discrimination under such law, rule, regulation, or policy directive had been filed with the [commission](/usc/22/277d–43.md?p=2).[^1]

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 96–465, title I, § 1107, Oct. 17, 1980, 94 Stat. 2146; Pub. L. 100–204, title I, §§ 181(a), (b), 182, Dec. 22, 1987, 101 Stat. 1363, 1364; Pub. L. 102–138, title I, § 153(c), Oct. 28, 1991, 105 Stat. 673.)

## Notes

### Editorial Notes

### Amendments

1991—Subsec. (f). Pub. L. 102–138 added subsec. (f).

1987—Subsec. (d). Pub. L. 100–204, § 181(a), (b), designated existing provisions as par. (1), inserted “, tenure” after “promotion” in first sentence, and added pars. (2) and (3).

Subsec. (e). Pub. L. 100–204, § 182, added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1991 Amendment

Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–204 not applicable with respect to any grievance in which the Board has issued a final decision pursuant to this section before Dec. 22, 1987, see section 181(e) of Pub. L. 100–204, set out as a note under section 3946 of this title.