CLARIFICATION OF SEPARATION FOR CAUSE.

SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE. (a) In General.—Section 610(a) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)) is amended— (1) in paragraph (1), by inserting “decide to” after “may”; (2) by striking paragraphs (2), (3), (4), (5), and (6); and (3) by inserting after paragraph (1) the following: “(2)(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under section 311 of the Foreign Service Act of 1980 who is not a family member) who either— “(i) is serving under a career appointment, or “(ii) is serving under a limited appointment, the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner. “(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a116 STAT. 1379crime for which a sentence of imprisonment of more than one year may be imposed. “(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by section 1107(b)(5). The hearing provided under this paragraph shall be conducted in accordance with the hearing procedures applicable to grievances under section 1106 and shall be in lieu of any other administrative procedure authorized or required by this or any other Act. Section 1110 shall apply to proceedings under this paragraph. “(4) Notwithstanding the hearing required by paragraph (2), at the time that the Secretary decides to separate a member of the Service for cause, the member shall be placed on leave without pay. If the member does not waive the right to a hearing, and the Board decides that cause for separation has not been established, the member shall be reinstated with back pay.”. (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.