Title 22Foreign Relations and IntercourseRelease 119-73

§4133 Freedom of action

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER XI— - GRIEVANCES › § 4133

Last updated Apr 6, 2026|Official source

Summary

Protects anyone who files a grievance and people involved in the grievance from being controlled, pressured, harassed, treated unfairly, or punished because of the grievance. Grievant = the person who files the grievance. The person who filed the grievance can have any representative they choose at every step. If the filer belongs to a bargaining unit with an official union but the union is not representing them, that union still has the right to appear. The filer and any representative or witness who works for the Service or the Department must be given reasonable official time off to prepare, attend, and testify in the grievance process. The Department must not put certain grievance-related items into a personnel file: a decision by the Secretary to reject the Grievance Board’s recommendation, a Board finding against the filer, or the fact that a grievance is pending or was held. The Department must keep grievance records confidential. The Foreign Service Grievance Board can enforce these rules. The Department must try to speed up security clearances when needed so a grievance can be resolved fairly and quickly.

Full Legal Text

Title 22, §4133

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Any individual filing a grievance under this subchapter (hereinafter in this subchapter referred to as the “grievant”), and any witness, labor organization, or other person involved in a grievance proceeding, shall be free from any restraint, interference, coercion, harassment, discrimination, or reprisal in those proceedings or by virtue of them.
(b)(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, but is not represented in the grievance by that exclusive representative, the exclusive representative shall have the right to appear during the grievance proceedings.
(3)The grievant, and any representative of the grievant who is a member of the Service or employee of the Department, shall be granted reasonable periods of administrative leave to prepare and present the grievance and to attend proceedings under this subchapter.
(c)Any witness who is a member of the Service or employee of the Department shall be granted reasonable periods of administrative leave to appear and testify at any proceedings under this subchapter.
(d)(1)No record of—
(A)a determination by the Secretary to reject a recommendation of the Foreign Service Grievance Board,
(B)a finding by the Grievance Board against the grievant, or
(C)the fact that a grievance proceeding is pending or has been held,
(2)The Department shall maintain records pertaining to grievances under appropriate safeguards to preserve confidentiality.
(3)The Foreign Service Grievance Board may enforce compliance with the requirements of paragraphs (1) and (2).
(e)The Department will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a grievance.

Legislative History

Notes & Related Subsidiaries

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.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 4133

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73