The U.S. Department of Justice (DOJ) has issued legal guidance stating that Secretary of State Marco Rubio should have the final authority over appeals made by U.S. diplomats and Foreign Service employees regarding their firings or disciplinary actions. This conclusion was reached by the DOJ's Office of Legal Counsel and announced on August 21, 2026.
According to the guidance, the Foreign Service Grievance Board, which currently hears appeals from Foreign Service employees, will continue to function but its decisions will be recommendations subject to review by either the president or the secretary of state. Assistant Attorney General T. Elliot Gaiser emphasized that accountability for American foreign policy must flow through the president to the Foreign Service.
The DOJ cited a 2013 case involving a Peace Corps IT worker who was reinstated by the board after being terminated for downloading inappropriate material on a government computer. The board's ruling was used as an example of why the independent panel should not have the final say on personnel decisions.
The DOJ's opinion also referenced the Supreme Court's decision in United States v. Arthrex, which addressed the limits of executive authority, and advised the State Department to stop enforcing certain provisions of the Foreign Service Act that limit the secretary's review authority. This change is intended to maintain the board's role while ensuring that final responsibility for decisions rests with Secretary Rubio.