job-related crimes

job-related crimes Sec. 586. (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.”. (b) Section 610(a) of the Foreign Service Act of 1980 is amended by inserting the following new paragraphs: “(3) Notwithstanding the hearing required by this section, or procedures under any other provision of law, where there is reasonable cause to believe that a member has committed a crime 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) 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, including the grounds for reasonable cause to believe a crime has been committed; “(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) Any member suspended pursuant to subsection (a)93) 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 there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed, and whether there is a nexus between the conduct and the efficiency of the Service.”. (c) For purposes of the amendments made by subsections (a) and (b) of this section, reasonable cause to believe that a member has committed a crime for which a sentence of imprisonment may be imposed shall be defined as a member of the Service having been 103 STAT. 1253convicted of, and sentence of imprisonment having been imposed for, a job-related crime.