---
kind: "section"
citation: "22 U.S.C. § 4138"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4138"
heading: "Access to records"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4138"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter XI — Grievances"
---

# §4138. Access to records

- (a) **Review by Foreign Service Grievance Board of decision denying access—** If a grievant is denied access to any [agency](/usc/22/3902.md?p=2) record prior to or during the consideration of the [grievance](/usc/22/4131.md?p=a-1) by the [Department](/usc/22/3902.md?p=4), the grievant may raise such denial before the [Board](/usc/22/4102.md?p=2) in connection with the [grievance](/usc/22/4131.md?p=a-1).
- (b) **Access by Foreign Service Grievance Board; relevant and material records; adverse effect on national security or foreign policy—** In considering a [grievance](/usc/22/4131.md?p=a-1), the [Board](/usc/22/4102.md?p=2) shall have access to any [agency](/usc/22/3902.md?p=2) record as follows:
  - (1)
    - (A) The [Board](/usc/22/4102.md?p=2) shall request access to any [agency](/usc/22/3902.md?p=2) record which the grievant requests to substantiate the [grievance](/usc/22/4131.md?p=a-1) if the [Board](/usc/22/4102.md?p=2) determines that such record may be relevant and material to the [grievance](/usc/22/4131.md?p=a-1).
    - (B) The [Board](/usc/22/4102.md?p=2) may request access to any other [agency](/usc/22/3902.md?p=2) record which the [Board](/usc/22/4102.md?p=2) determines may be relevant and material to the [grievance](/usc/22/4131.md?p=a-1).
  - (2) Any [agency](/usc/22/3902.md?p=2) shall make available to the [Board](/usc/22/4102.md?p=2) any [agency](/usc/22/3902.md?p=2) record requested under [paragraph (1)](#b-1) unless the head or deputy head of such [agency](/usc/22/3902.md?p=2) personally certifies in writing to the [Board](/usc/22/4102.md?p=2) that disclosure of the record to the [Board](/usc/22/4102.md?p=2) 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](/usc/22/3902.md?p=2) shall supply to the [Board](/usc/22/4102.md?p=2) 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—** If the [Board](/usc/22/4102.md?p=2) determines that an [agency](/usc/22/3902.md?p=2) record, or a summary or extract of a record, made available to the [Board](/usc/22/4102.md?p=2) under [subsection (b)](#b) is relevant and material to the [grievance](/usc/22/4131.md?p=a-1), the [agency](/usc/22/3902.md?p=2) concerned shall make such record, summary, or extract, as the case may be, available to the grievant.
- (d) **Denial of access as factor in determination of grievance—** In considering a [grievance](/usc/22/4131.md?p=a-1), the [Board](/usc/22/4102.md?p=2) may take into account the fact that the grievant or the [Board](/usc/22/4102.md?p=2) was denied access to an [agency](/usc/22/3902.md?p=2) record which the [Board](/usc/22/4102.md?p=2) determines is or may be relevant and material to the [grievance](/usc/22/4131.md?p=a-1).
- (e) **Proceedings and decisions of Foreign Service Grievance Board—** The grievant in any case decided by the [Board](/usc/22/4102.md?p=2) shall have access to the record of the proceedings and the decision of the [Board](/usc/22/4102.md?p=2).

## Source credit

(Pub. L. 96–465, title I, § 1108, Oct. 17, 1980, 94 Stat. 2147.)