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22 U.S.C. § 4140 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any aggrieved party may obtain judicial review of a final action of the Secretary or the Board on any grievance in the district courts of the United States in accordance with the standards set forth in chapter 7 of title 5, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States). [Section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim) shall apply without limitation or exception. This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) For purposes of this subsection, the term “aggrieved party” means a grievant.
(2) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.
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Source file: Laws/federal/codes/united-states-code/title-22/section-4140-judicial-review--24da0ee5e8.md
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Source location: Title 22, Chapter 52, § 4140; chapter-052-foreign-service.md
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**(a)** Any aggrieved party may obtain judicial review of a final action of the Secretary or the Board on any grievance in the district courts of the United States in accordance with the standards set forth in chapter 7 of title 5, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States). [Section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim) shall apply without limitation or exception. This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) For purposes of this subsection, the term “aggrieved party” means a grievant.
(2) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), for purposes of this subchapter, the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including—
(A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member;
(B) other alleged violation, misinterpretation, or misapplication of applicable laws, regulations, or published policy affecting the terms and conditions of the employment or career status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial character of information in the official personnel record of the member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other interference with freedom of action in connection with participation by the member in procedures under this subchapter;
(G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations; and
(H) any discrimination prohibited by—
(i) [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Department of State** It shall be an unfair labor practice for the Department—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish upon request customary and routine services and facilities on an impartial basis to labor organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint or petition, or has given any information, affidavit, or testimony under this subchapter;
(5) to refuse to consult or negotiate in good faith with a labor organization, as required under this subchapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;
(7) to enforce any rule or regulation (other than a rule or regulation implementing [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim)) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or
(8) to fail or refuse otherwise to comply with any provision of this subchapter.
**(b) Labor organizations** It shall be an unfair labor practice for a labor organization—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
(2) to cause or attempt to cause the Department to discriminate against any employee in the exer
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4115
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Federal law — U.S. Code and appendices · legal_authorities
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay**
(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault.
(2)
(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either—
(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed.
(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4010
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Record; findings of fact and statement of reasons** Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board.
**(b) Authority of Department upon finding of meritorious grievance** If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department—
(1) to correct any official personnel record relating to the grievant which the Board 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596/b/1&num=0&edition=prelim);
(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 Protection Board under [section 7701(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701/g&num=0&edition=prelim); and
(6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any).
**(c) Finality o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4137
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Federal law — U.S. Code and appendices · legal_authorities
Page 1551
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4140
of such agency personally certifies in writing
to the Board that disclosure of the record to
the Board and the grievant would adversely af-
fect 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 ex-
tract of such record unless the reasons speci-
fied in the preceding sentence preclude such a
summary or extract.
(c) Access by grievant
If the Board determines that an agency record,
or a summary or extract of a record, made avail-
able to the Board under subsection (b) is rel-
evant and material to the grievance, the agency
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, the Board may
take into account the fact that the grievant or
the Board was denied access to an agency record
which the Board determines is or may be rel-
evant and material to the grievance.
(e) Proceedings and decisions of Foreign Service
Grievance Board
The grievant in any case decided by the Board
shall have access to the record of the pro-
ceedings and the decision of the Board.
(Pub. L. 96–465, title I, § 1108, Oct. 17, 1980, 94
Stat. 2147.)
§ 4139. Relationship to other remedies
(a)(1) A grievant may not file a grievance with
the Board if the grievant has formally re-
quested, prior to filing a grievance, that the
matter or matters which are the basis of the
grievance be considered or resolved and relief be
provided under another provision of law, regula-
tion, or Executive order, other than under sec-
tio
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4140
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