113 STAT. 1501A-438 PUBLIC LAW 106-113—APPENDIX G SEC. 327. RECORDS OF DISCIPLINARY ACTIONS. (a) IN GENERAL. —Section 604 of the Foreign Service Act of 1980 (22 U.S.C. 4004) is amended— (1) by striking "CONFIDENTIALITY OF RECORDS.— " and inserting "RECORDS.—(a)"; and (2) by adding at the end the following new subsection: "(b) Notwithstanding subsection (a), any record of disciplinary action that includes a suspension of more than five days taken against a member of the Service, including any correction of that record under section 1107(b)(1), shall remain a part of the personnel records until the member is tenured as a career member of the Service or next promoted.". (b) EFFECTIVE DATE.—The amendments made by this section apply to all disciplinary actions initiated on or after the date of enactment of this Act. SEC. 328. LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN SERVICE RECOMMENDED FOR SEPARA- TION FOR CAUSE. Section 610(a) of the Foreign Service Act (22 U.S.C. 4010(a)) is amended by adding at the end the following new paragraph: "(6) Notwithstanding the hearing required by paragraph (2), at the time the Secretary recommends that a member of the Service be separated for cause, that member shall be placed on leave 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.". SEC. 329. TREATMENT OF GRIEVANCE RECORDS. Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4133(d)(1)) is amended by adding the following new sentence at the end: "Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant's personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline. ". SEC. 330. DEADLINES FOR FILING GRIEVANCES. (a) IN GENERAL. —Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C. 4134(a)) is amended in the first sentence by striking "within a period of 3 years" and all that follows through the period and inserting "not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant's rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case less than two years after the occurrence giving rise to the grievance.". (b) GRIEVANCES ALLEGING DISCRIMINATION.— Section 1104 of that Act (22 U.S.C. 4134) is amended in subsection (c) by striking "3 years" and inserting "2 years". (c) EFFECTIVE DATE.— The amendments made by this section shall take effect 180 days after the date of enactment of this Act and shall apply to grievances which arise on or after such effective date.
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