§ 4135. — Foreign Service Grievance Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4135]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XI--GRIEVANCES
Sec. 4135. Foreign Service Grievance Board
(a) Establishment; composition
There is established the Foreign Service Grievance Board
(hereinafter in this subchapter referred to as the ``Board''). The Board
shall consist of no fewer than 5 members who shall be independent,
distinguished citizens of the United States, well known for their
integrity, who are not employees of the Department or members of the
Service.
(b) Appointment and selection of nominees; length of terms; vacancies
The Chairperson and other members of the Board shall be appointed by
the Secretary of State, from nominees approved in writing by the
agencies to which this subchapter applies and the exclusive
representative (if any) for each such agency. Each member of the Board
shall be appointed for a term of 2 years, subject to renewal with the
same written approvals required for initial appointment. In the event of
a vacancy on the Board, an appointment for the unexpired term may be
made by the Secretary of State in accordance with the procedures
specified in this section. In the event of inability to obtain agreement
on a nominee, each such agency and exclusive representative shall select
2 nominees and shall, in an order determined by lot, in turn strike a
name from a list of such nominees until only one name remains. For
purposes of this section, the nominee whose name remains shall be deemed
to be approved in writing by each such agency head and exclusive
representative.
(c) Compensation
Members of the Board who are not employees of the Government shall
be paid for each day they are performing their duties (including
traveltime) at the daily equivalent of the maximum rate payable for
grade GS-18 of the General Schedule under section 5332 of title 5.
(d) Removal
The Secretary of State may, upon written notice, remove a Board
member for corruption, neglect of duty, malfeasance, or demonstrated
incapacity to perform his or her functions, established at a hearing
(unless the right to a hearing is waived in writing by the Board
member).
(e) Administrative services; payment of expenses; assignment as staff
employees of Board; performance evaluation reports; records
The Board may obtain facilities, services, and supplies through the
general administrative services of the Department of State. All expenses
of the Board, including necessary costs of the travel and travel-related
expenses of a grievant, shall be paid out of funds appropriated to the
Department for obligation and expenditure by the Board. At the request
of the Board, employees of the Department and members of the Service may
be assigned as staff employees for the Board. Within the limits of
appropriated funds, the Board may appoint and fix the compensation of
such other employees as the Board considers necessary to carry out its
functions. The individuals so appointed or assigned shall be responsible
solely to the Board, and the Board shall prepare the performance
evaluation reports for such individuals. The records of the Board shall
be maintained by the Board and shall be separate from all other records
of the Department of State under appropriate safeguards to preserve
confidentiality.
(f) Report
(1) Not later than March 1 of each year, the Chairman of the Foreign
Service Grievance Board shall prepare a report summarizing the
activities of the Board during the previous calendar year. The report
shall include--
(A) the number of cases filed;
(B) the types of cases filed;
(C) the number of cases on which a final decision was reached,
as well as data on the outcome of cases, whether affirmed, reversed,
settled, withdrawn, or dismissed;
(D) the number of oral hearings conducted and the length of each
such hearing;
(E) the number of instances in which interim relief was granted
by the Board; and
(F) data on the average time for consideration of a grievance,
from the time of filing to a decision of the Board.
(2) The report required under paragraph (1) shall be submitted to
the Director General of the Foreign Service and the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives.
(Pub. L. 96-465, title I, Sec. 1105, Oct. 17, 1980, 94 Stat. 2144; Pub.
L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 331], Nov.
29, 1999, 113 Stat. 1536, 1501A-439.)
Amendments
1999--Subsec. (f). Pub. L. 106-113 added subsec. (f).
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
