Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4010a. Reductions in force
Statutory text
Authorization and regulations
The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under subchapter III of this chapter, under such reductions in force which give due effect to the following:
Organizational changes.
Documented employee knowledge, skills, or competencies.
Tenure of employment.
Documented employee performance.
Military preference, subject to section 3501(a)(3) of title 5.
Applicability of retirement benefits
The provisions of section 4009 of this title shall be applicable to any member of the Service holding a career or career candidate appointment under subchapter III of this chapter, who is separated under the provisions of this section.
Grievance procedure
An employee against whom action is taken under this section may elect either to file a grievance under subchapter XI or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under subchapter XI 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 611 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4010a
Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), Apr. 30, 1994, 108 Stat. 417
Source evidence
Code source credit
Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), Apr. 30, 1994, 108 Stat. 417Enacted provision · exact public law section
Sec. 611. Termination of Limited Appointments.— Except as 22 USC 4011. 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 a family member of a Government employee serving under a local compensation plan established under section 408.Pub. L. 103–415 § 1(ii) · 108 Stat. 4299
Changed · 22 U.S.C. § 4010a
Pub. L. 103–415 made technical amendment relating to style of section catchline
Source evidence
Code amendment note
Pub. L. 103–415 made technical amendment relating to style of section catchline.Enacted provision · exact public law section
(ii) Section 611 of the Foreign Service Act of 1980 (as amended 22 USC 4010a. by section 181(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236)) is amended by striking “SEC. 611” and all that follows through “(a)” and inserting the following: “Sec. 611. Reductions in Force.— (a)”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 611 of Pub. L. 96–465 was renumbered section 612 and is classified to section 4011 of this title.
Amendments
1994—Pub. L. 103–415 made technical amendment relating to style of section catchline.
Statutory Notes and Related Subsidiaries
Notification of Intent To Reduce Personnel at Covered Diplomatic Posts
Pub. L. 119–60, div. E, title I, § 5177, , 139 Stat. 1590, provided that:
“(a) In General.—
Except as provided in subsection (b), not later than 30 days before the date on which the Secretary [of State] carries out a reduction in United States Foreign Service personnel of at least 10 percent at a covered diplomatic post, the Secretary shall submit to the appropriate congressional committees a notification of the intent to carry out such a reduction, which shall include a certification by the Secretary that such reduction will not negatively impact the ability of the United States to compete with the People’s Republic of China, the Islamic Republic of Iran, or the Russian Federation.
“(b) Exception.—
Subsection (a) shall not apply in the case of a security risk to personnel at a covered diplomatic post.
“(c) Definitions.—
In this section—
“(1) the term ‘appropriate congressional committees’ means—
“(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
“(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
“(2) the term ‘covered diplomatic post’ means a United States diplomatic post in a country in which the People’s Republic of China, the Islamic Republic of Iran, or the Russian Federation also have a diplomatic post.”
Employment Assistance Referral System for Certain Members of Foreign Service
Pub. L. 103–236, title I, § 179, , 108 Stat. 415, as amended by Pub. L. 103–415, § 1(g), , 108 Stat. 4300, provided that:
“(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 individuals holding career or career candidate appointments under chapter 3 of the Foreign Service Act of 1980 [22 U.S.C. 3941 et seq.].”
Consultation With Director of Office of Personnel Management Prior to Prescribing Regulations for Reductions in Force
Pub. L. 103–236, title I, § 181(c), , 108 Stat. 418, as amended by Pub. L. 103–415, § 1(i), , 108 Stat. 4301, provided that: “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) 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 [22 U.S.C. 4010a] (as added by subsection (a) of this section), and shall publish such regulations.”
Credits
1994 · 2 acts
- 1994Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), , 108 Stat. 417
- 1994amended Pub. L. 103–415, § 1(ii), , 108 Stat. 4303.
Show as published
(Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), , 108 Stat. 417; amended Pub. L. 103–415, § 1(ii), , 108 Stat. 4303.)