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(3) 99 Notwithstanding the hearing required by this section, or procedures under any other provision of law, where a member has been convicted of a crime 100 for which a sentence of imprisonment may be imposed, and there is a nexus to the efficiency of the Service, the Secretary, or his designee, may suspend such member without pay pending final resolution of the underlying matter, subject to reinstatement with back pay if cause for separation is not established in a hearing before the Board.

(4) 99 Any member suspended pursuant to subsection (a)(3) of this section shall be entitled to

(A) advance written notice of the specific reasons for such suspension; 101

(B) a reasonable time, not less than seven days, to answer orally and in writing;

(C) be represented by an attorney or other representative; and

(D) a final written decision. (5) 99 Any member suspended pursuant to subsection (a)(3) of this section shall be entitled to grieve such action in accordance with procedures applicable to grievances under chapter 11. The Board review, however, shall be limited only to a determination of whether the conviction requirements of subsection (a)(3) have been fulfilled, 102 and whether there is a nexus between the conduct and the efficiency of the Service.

(b) Any participant in the Foreign Service Retirement and Disability System who is separated under subsection (a) shall be entitled to receive a refund as provided in section 815 of the contributions made by the participant to the Foreign Service Retirement and Disability Fund. Except in cases where the Secretary determines that separation was based in whole or in part on the ground of disloyalty to the United States, a participant who has at least 5 years of service credit toward retirement under the Foreign Service Retirement and Disability System (excluding military and naval service) may elect, in lieu of such refund, to an annuity, computed under section 806, commencing at age 60.

SEC. 611.103 REDUCTIONS IN FORCE.-(a) The Secretary may conduct reductions in force and shall prescribe regulations for the sep

s Section 586/h) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1252) added para. (3), (4), and (5).

100 Sec. 143(a XI) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck out “there is reasonable cause to believe that a members has committed a crime", and inserted in lieu thereof "a member has been convicted of a crime".

101 Sec. 143 a X2) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck out "suspension, including the grounds for reasonable cause to believe a crime has been committed", and inserted in lieu thereof "suspension". 102 Sec. 143(a X3) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Pub

struck out "there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed", and inserted in lieu thereof "the conviction requirements of subsection (a (3) have been fulfilled".

103 22 U.S.C. 4010a. Sec. 181(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), added sec. 611 (with a subsequent technical

sec. 16) of Public Law 103-415 (108 Stat. 4303)) to make the section heading conform with the rest of the Act). Former secs. 611, 612, and 613 were redesignated as secs. 612, 613, and 614, respectively, by sec. 181(aX1) of that Act.

Sec. 179 of the Foreign Relations Authorization Act, Fiscal Yearg 1994 and 1995 (Public Law 103-236; 108 Stat. 415), provided the following:

"SEC. 179. EMPLOYMENT ASSISTANCE REPERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE

Continued

aration of members of the Service holding a career or career candidate appointment under chapter 3 of this Act, under such reductions in force which give due effect to the following:

(1) Organizational changes.
(2) Documented employee knowledge, skills, or competencies.
(3) Tenure of employment.
(4) Documented employee performance.

(5) Military preference, subject to section 3501(a)(3) of title 5, United States Code. (b) The provisions of section 609 shall be applicable to any member of the Service holding a career or career candidate appointment under chapter 3 of this Act, who is separated under the provisions of this section.

(c) An employee against whom action is taken under this section may elect either to file a grievance under chapter 11 or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under chapter 11 shall be limited to cases of reprisal, interference in the conduct of an employee's official duties, or similarly inappropriate use of the authority of this section.

SEC. 612.104 TERMINATION OF LIMITED APPOINTMENTS.-Except as provided in section 610(a)(2), the Secretary may terminate at any time the appointment of any member of the Service serving under a limited appointment who is in the Senior Foreign Service, who is assigned to a salary class in the Foreign Service Schedule or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.105

SEC. 613.106 TERMINATION OF APPOINTMENTS OF CONSULAR AGENTS AND FOREIGN NATIONAL EMPLOYEES.—a) The Secretary of State may terminate at any time the appointment of any consular agent in light of the criteria and procedures normally followed in the locality in similar circumstances.

(b) The Secretary may terminate at any time the appointment of any foreign national employee in light of the criteria and procedures normally followed in the locality in similar circumstances.

"(a) REFERRAL SYSTEM.-Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management's Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act.

"(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.-For purposes of this section, the term 'members of the Foreign Service' means any individual holding a career or career candidate appointment under chapter 3 of the Foreign Service Act of 1980.".

Sec. 181(c) of Public Law 103-236 (108 Stat. 418) provided:

"(c) CONSULTATION.- The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system), the head of that agency (sic) shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), and shall publish such regulations.". 104 22 U.S.C. 4011. Redesignated from sec. 611 by sec. 181(aX1) of the Foreign Relations Au

Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416). 106 Sec. 180(a X7) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), struck out “, or who is a family member of a Government employee serving under a local compensation plan established under section 408." aller “Foreign Service Schedule" and inserted in lieu thereof "or who is paid in accordance with section 407 or is a United Stales citizen paid under a compensation plan under section 408.".

106 22 U.S.C. 4012. Redesignated from sec. 612 by sec. 181(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416). See also sec. 151 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102138; 105 Slat. 672; 22 U.S.C. 4012a), relating to separation pay for foreign national employees. 108 Sec. 126(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slat. 393) struck out "Foreign Service Institute," preceding "Career Development" in the chapler title.

Sec. 614.107 FOREIGN SERVICE AWARDS.—The President shall establish a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Service. The awards system established under this section shall provide for presentation by the President and by the Secretary of medals or other suitable commendations for performance in the course of or beyond the call of duty which involves distinguished, meritorious service to the Nation, including extraordinary valor in the face of danger to life or health. CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND

ORIENTATION 108 SEC. 701.109 INSTITUTION FOR TRAINING 4(a) 110 INSTITUTION OR CENTER FOR TRAINING.–The Secretary of State shall maintain and operate an institution or center for training (hereinafter in this chapter referred to as the "institution"), 111 originally established under section 701 of the Foreign Service Act of 1946, in order to promote career development within the Service and to provide necessary training and instruction in the field of foreign relations to members of the Service and to employees of the Department and of other agencies. The institution 112 shall be headed by a Director, who shall be appointed by the Secretary of State.

(b) To the extent practicable, the Secretary of State shall provide training under this chapter which meets the needs of all agencies, and other agencies shall avoid duplicating the facilities and training provided by the Secretary of State through the institution 113 and otherwise.

(c) 114 Training and instruction may be provided at the Institute 115 for not to exceed sixty citizens of the Trust Territory of the Pacific Islands in order to prepare them to serve as members of the foreign services of the Federated States of Micronesia, the Marshall

10722 U.S.C. 4013. Redesignated from sec. 614 by sec. 181(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat 416).

100 22 U.S.C. 4021. Sec. 126(2XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slat. 393), struck out “Foreign Service Institute" as the section title and inserted in lieu thereof "Institute for Training.". Sec. 11y) of Public Law 103-415 (108 Stat. 4302) made a similar amendment

See also secs. 191 and 192 of the Forcign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), relating to foreign language competence and foreign language resources coordinator.

See also sec. 123 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Pub lic Law 99-93; 99 Slat. 413), relating to Institute facilities.

110 Sec. 126(2XBXi) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slal. 393) amended subsection (a) "by striking the subsection heading and inserting 'Institution or Center for Training". Subsec. (a), however, did not have a heading to strike.

111 Sec. 126(2XBXii) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 393) struck out "the Foreign Service Institute (hereinaner in this chapter referred to as the 'Institute')", and inserted in lieu thereof "an institution or center for training (hereinafer in this chapter referred to as the Institution')".

112 Sec. 126(2XBXiii) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) struck out "Institute" and inserted in lieu thereof institution".

113 Sec. 126(3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slat. 394), struck out “Foreign Service Institute" and "Institute" each place such terms appeared and inserted "institution" in seca. 701(b), 702, 704, 705, and 707.

114 Sec. 126 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98–164; 97 Slat. 1026) added subsec. (c).

116 Should probably read "institution". See footnote 111.

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ESTABLISHMENT OF PROGRAM.—There is authorized to be es-
ied at the institution 113 a program whereby selected scholars
participate fully in the educational and training activities of
stitution. 113 This program may be referred to as the “Visiting

rs Program”.
SELECTION AND APPOINTMENT OF SCHOLARS.-

(1) Scholars participating in the Visiting Scholars Program hall be selected by a five-member board described in subrection (c).

(2) Each visiting scholar shall serve a term of one year, exrept that such term may be extended for one additional onevear period. ; ESTABLISHMENT OF SELECTION BOARD.-The board referred to ubsection (b) shall be composed of the director of the institu113 who shall serve as chairperson, and four other members inted by the Secretary of State. CHAPTER 8-FOREIGN SERVICE RETIREMENT AND DISABILITY

-UBCHAPTER 1-FOREIGN SERVICE RETIREMENT AND DISABILITY

SYSTEM 125

CC. 801.126 ADMINISTRATION OF THE SYSTEM.-In accordance 11 such regulations as the President may prescribe, the Seccary of State shall administer the Foreign Service Retirement

Disability System (hereinafter in this subchapter 127 referred is the "System”), originally established pursuant to section 18 he Act of May 24, 1924 (43 Stat. 144). EC. 802.128 MAINTENANCE OF THE FUND.—The Secretary of the asury shall maintain the special fund known as the Foreign vice Retirement and Disability Fund (hereinafter in this subpter 127 referred to as the “Fund”), originally created by section of the Act of May 24, 1924 (43 Stat. 147). SEC. 803.129 PARTICIPANTS.—a) Except as provided in subsection ,130 the following members of the Service (hereinafter in this bchapter 127 referred to as "participants”) shall be entitled to the nefits of the System: (1) Every member who is serving under a career appointment or a career candidate under section 306

(A) in the Senior Foreign Service, or

(B) assigned to a salary class in the Foreign Service Schedule. (2) Every chief of mission, who is not a participant under pararaph (1), who

(A) has served as chief of mission for an aggregate period of 20 years or more, and

am

226 See also the relained provisions of the Foreign Service Retirement Amendments of 1976. Me heading for subchapler I was added by sec. 402 a XI) of Public Law 99-335 (100 Slat. 609).

22 LS.C. 4041. 127 Section 402 a) and sec. 402(a X2) of Public Law 99-335 (100 Stat. 609), substituted the words 'this subchapter" in lieu of 'this chapter" throughout chapter 8, and inserted the words Dade this subchapler aner "payable from the Pund" each time it appears.

2* 22 LS.C. 4042. 222 CS.C. 4043.

120 The tat of subsec. (a) to this point was added by sec. 414(1) of Public Law 99-335 (100 Sual 614)

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