§ 4136. Foreign Service Grievance Board procedures

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 1106 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4136

   Pub. L. 96–465, title I, § 1106, Oct. 17, 1980, 94 Stat. 2145

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1106, Oct. 17, 1980, 94 Stat. 2145

   Enacted provision · exact public law section
   Sec. 1106. Board Procedures.— The Board may adopt regulations 22 USC 4136. concerning its organization and procedures. Such regulations shall include provision for the following: (1) The Board shall conduct a hearing at the request of a Hearing. grievant in any case which involves— (A) disciplinary action or the retirement of a grievant from the Service under section 607 or 608, or (B) issues which, in the judgment of the Board, can best be resolved by a hearing or presentation of oral argument. (2) The grievant, the representatives of the grievant, the exclusive representative (if the grievant is a member of the bargaining unit represented by the exclusive representative), and the representatives of the Department are entitled to be present at the hearing. The Board may, after considering the views of the parties and any other individuals connected with the grievance, decide that a hearing should be open to others. Testimony at a hearing shall be given under oath, which any Board member or individual designated by the Board shall have authority to administer. (3) Each party (including an exclusive representative appearing in the proceedings) shall be entitled to examine and cross-examine witnesses at the hearing or by deposition and to serve interrogatories upon another party and have such interrogatories answered by the other party unless the Board finds such interrogatory irrelevant, immaterial, or unduly repetitive. Upon request of the Board, or upon a request of the grievant deemed relevant and material by the Board, an agency shall promptly make available at the hearing or by deposition any witness under its control, supervision, or responsibility, except that if the Board determines that the presence of such witness at the hearing is required for just resolution of the grievance, then the witness shall be made available at the hearing, with necessary costs and travel expenses paid by the Department. (4) During any hearing held by the Board, any oral or documentary evidence may be received, but the Board shall exclude any irrelevant, immaterial, or unduly repetitious evidence, as determined under section 556 of title 5, United States Code. (5) A verbatim transcript shall be made of any hearing and shall be part of the record of proceedings. (6) In those grievances in which the Board does not hold a hearing, the Board shall afford to each party the opportunity to review and to supplement, by written submissions, the record of proceedings prior to the decision by the Board. The decision of the Board shall be based exclusively on the record of proceedings. (7) The Board may act by or through panels or individual members designated by the Chairperson, except that hearings within the continental United States shall be held by panels of at least three members unless the parties agree otherwise. References in this chapter to the Board shall be considered to be references to a panel or member of the Board where appropriate. All members of the Board shall act as impartial individuals in considering grievances. (8) If the Board determines that the Department is considering the involuntary separation of the grievant, disciplinary action against the grievant, or recovery from the grievant of alleged overpayment of salary, expenses, or allowances, which is related to a grievance pending before the Board and that such action should be suspended, the Department shall suspend such action until the Board has ruled upon the grievance. Notwithstanding such suspension of action, the head of the agency concerned or a chief of mission or principal officer may exclude the grievant from official premises or from the performance of specified functions when such exclusion is determined in writing to be essential to the functioning of the post or office to which the grievant is assigned. (9) The Board may reconsider any decision upon presentation of newly discovered or previously unavailable material evidence.

2. 1989

   Pub. L. 101–167 title V § 586(a) · 103 Stat. 1195

   Inserted · 22 U.S.C. § 4136(8)

   Pub. L. 101–167 inserted at end “Notwithstanding the first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has determined that there is reasonable cause to believe that a grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the grievant without pay pending a final resolution of the underlying matter.”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 101–167 inserted at end “Notwithstanding the first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has determined that there is reasonable cause to believe that a grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the grievant without pay pending a final resolution of the underlying matter.”

   Enacted provision · exact public law section
   (a) Section 1106(8) of the Foreign Service Act of 1980 is amended by inserting at the end thereof the following sentence: “Notwithstanding the first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has determined that there is reasonable cause to believe that a grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the grievant without pay pending a final resolution of the underlying matter.”.

3. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 title I § 143(b) · 105 Stat. 647

   Substituted · 22 U.S.C. § 4136(8)

   Pub. L. 102–138 substituted “exercised his authority under subsection (a)(3) of section 4010 of this title” for “determined that there is reasonable cause to believe that a grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the grievant without pay pending a final resolution of the underlying matter”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 102–138 substituted “exercised his authority under subsection (a)(3) of section 4010 of this title” for “determined that there is reasonable cause to believe that a grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the grievant without pay pending a final resolution of the underlying matter”.

   Enacted provision · exact public law section
   (b) Foreign Service Grievance Board Procedures.— Section 1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in the third sentence of paragraph (8) by striking out “determined that” and all that follows through the period and inserting in lieu thereof “exercised his authority under subsection (a)(3) of section 610.”.

4. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 § 181(a)(4)(B) · 108 Stat. 382

   Inserted · 22 U.S.C. § 4136(8)

   Pub. L. 103–236, § 181(a)(4)(B), inserted before period at end “or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 4010a of this title”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 103–236, § 181(a)(4)(B), inserted before period at end “or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 4010a of this title”.

   Enacted provision · exact public law section
   (B) in section 1106(8) by inserting before the period 22 USC 4136. at the end of the paragraph “or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 611”.

5. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 § 177(a) · 108 Stat. 382

   Substituted · 22 U.S.C. § 4136(8)

   Pub. L. 103–236, § 177(a), substituted “until the date which is one year after such determination or until the Board has ruled upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the Board is responsible for the delay in the resolution of the grievance. The Board may also extend the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the grievant.” for “until the Board has ruled upon the grievance.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–236, § 177(a), substituted “until the date which is one year after such determination or until the Board has ruled upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the Board is responsible for the delay in the resolution of the grievance. The Board may also extend the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the grievant.” for “until the Board has ruled upon the grievance.”

   Enacted provision · exact public law section
   (a) Grievance Board Procedures.— Section 1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in the first sentence of paragraph (8) by striking “until the Board has ruled upon the grievance.” and inserting “until the date which is one year after such determination or until the Board has ruled upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the Board is responsible for the delay in the resolution of the grievance. The Board may also extend the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the grievant.”.

6. 2002

   Foreign Relations Authorization Act, Fiscal Year 2003

   Pub. L. 107–228 div. A title III § 314(b) · 116 Stat. 1350

   1. Struck · 22 U.S.C. § 4136(8)

      Pub. L. 107–228, in first sentence, struck out “the involuntary separation of the grievant,” before “disciplinary action”

   2. Substituted · 22 U.S.C. § 4136(8)

      Pub. L. 107–228, in first sentence, substituted “grievant or” for “grievant, or”

   3. Struck · 22 U.S.C. § 4136(8)

      Pub. L. 107–228, in first sentence, struck out last sentence which read as follows: “Notwithstanding the first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has exercised his authority under subsection (a)(3) of section 4010 of this title or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 4010a of this title.”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 107–228, in first sentence, struck out “the involuntary separation of the grievant,” before “disciplinary action” and substituted “grievant or” for “grievant, or”, and struck out last sentence which read as follows: “Notwithstanding the first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has exercised his authority under subsection (a)(3) of section 4010 of this title or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 4010a of this title.”

   Enacted provision · exact public law section
   (b) Conforming Amendments.— Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended— (1) in the first sentence— (A) by striking “the involuntary separation of the grievant,”; and (B) by striking “grievant, or” and inserting “grievant or”; and (2) by striking the last sentence.

7. 2005

   Pub. L. 109–140 § 5 · 119 Stat. 2650

   1. Inserted · 22 U.S.C. § 4136(8)

      Pub. L. 109–140 inserted “the involuntary separation of the grievant (other than an involuntary separation for cause under section 4010(a) of this title),” after “considering”

   2. Substituted · 22 U.S.C. § 4136(8)

      Pub. L. 109–140 substituted “the grievant, or” for “the grievant or”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 109–140 inserted “the involuntary separation of the grievant (other than an involuntary separation for cause under section 4010(a) of this title),” after “considering” and substituted “the grievant, or” for “the grievant or”.

   Enacted provision · exact public law section
   SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES.   Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended in the first sentence— (1) by inserting “the involuntary separation of the grievant (other than an involuntary separation for cause under section 610(a)),” after “considering”; and (2) by striking “the grievant or” and inserting “the grievant, or”.

10 of 10 references resolved to an enrolled provision