Page:United States Statutes at Large Volume 94 Part 2.djvu/869

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2147

(4) to reinstate the grievant, and to grant the grievant back pay in accordance with section 5596(b)(l) of title 5, United States Code; (5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under section 7701(g) of title 5, United States Code; and (6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any). (c) Except as provided in subsection (d), decisions of the Board under this chapter shall be final, subject only to judicial review as provided in section 1110. (d) If the Board finds that the grievance is meritorious and that Recommendaremedial action should be taken that relates directly to promotion or ^^°^^assignment of the grievant or to other remedial action not otherwise provided for in this section, or if the Board finds that the evidence before it warrants disciplinary action against any employee of the Department or member of the Service, it shall make an appropriate recommendation to the Secretary. The Secretary shall make a written decision on the recommendation of the Board within 30 days after receiving the recommendation. The Secretary shall implement the recommendation of the Board except to the extent that, in a decision made within that 30-day period, the Secretary rejects the recommendation in whole or in part on the basis of a determination that implementation of the recommendation would be contrary to law or would adversely affect the foreign policy or national security of the United States. If the Secretary rejects the recommendation in whole or in part, the decision shall specify the reasons for such action. Pending the decision of the Secretary, there shall be no ex parte communication concerning the grievance between the Secretary and any person involved in the proceedings of the Board. The Secretary shall, however, have access to the entire record of the proceedings of the Board. SEC. 1108. ACCESS TO RECORDS.—(a) If a grievant is denied access to 22 USC 4138. any agency record prior to or during the consideration of the grievance by the Department, the grievant may raise such denial before the Board in connection with the grievance. (b) In considering a grievance, the Board shall have access to any agency record as follows: (1)(A) The Board shall request access to any agency record which the grievant requests to substantiate the grievance if the Board determines that such record may be relevant and material to the grievance. (B) The Board may request access to any other agency record which the Board determines may be relevant and material to the grievance. (2) Any agency shall make available to the Board any agency record requested under paragraph (1) unless the head or deputy head of such agency personally certifies in writing to the Board that disclosure of the record to the Board and the grievant would adversely affect the foreign policy or national security of the United States or that such disclosure is prohibited by law. If such a certification is made with respect to any record, the agency shall supply to the Board a summary or extract of such record unless the reasons specified in the preceding sentence preclude such a summary or extract.

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