§ 4105. Management rights

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.

1. 1980

   Pub. L. 96–465 title I § 1005 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4105

   Pub. L. 96–465, title I, § 1005, Oct. 17, 1980, 94 Stat. 2131

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1005, Oct. 17, 1980, 94 Stat. 2131

   Enacted provision · exact public law section
   Sec. 1005. Management Rights.— (a) Subject to subsection (b), 22 USC 4105. nothing in this chapter shall affect the authority of any management official of the Department, in accordance with applicable law— (1) to determine the mission, budget, organization, and internal security practices of the Department, and the number of individuals in the Service or in the Department; (2) to hire, assign, direct, lay off, and retain individuals in the Service or in the Department, to suspend, remove, or take other disciplinary action against such individuals, and to determine the number of members of the Service to be promoted and to remove the name of or delay the promotion of any member in accordance with regulations prescribed under section 605(b); (3) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the operations of the Department shall be conducted; (4) to fill positions from any appropriate source; (5) to determine the need for uniform personnel policies and procedures between or among the agencies to which this chapter applies; and (6) to take whatever actions may be necessary to carry out the mission of the Department during emergencies. (b) Nothing in this section shall preclude the Department and the exclusive representative from negotiating— (1) at the election of the Department, on the numbers, types, and classes of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the Department will observe in exercising any function under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any function under this section by such management officials.

2. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 181(b) · 108 Stat. 382

   1. Amended · 22 U.S.C. § 4105(a)(3)(7)

      Pub. L. 103–236, as amended by Pub. L. 103–415

   2. Added · 22 U.S.C. § 4105(a)(3)(7)

      Pub. L. 103–236, as added par. (3)

   3. Redesignated · 22 U.S.C. § 4105(a)(3)(7)

      Pub. L. 103–236, as redesignated former pars. (3) to (6) as (4) to (7), respectively

   Source evidence

   Code amendment note
   Subsec. (a)(3) to (7). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

   Enacted provision · exact public law section
   (b) Management Rights.— Section 1005 of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following new paragraph: “(3) to conduct reductions in force, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under section 611;”.

4 of 4 references resolved to an enrolled provision