§ 4010a. — Reductions in force.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4010a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER VI--PROMOTION AND RETENTION
Sec. 4010a. Reductions in force
(a) 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:
(1) Organizational changes.
(2) Documented employee knowledge, skills, or competencies.
(3) Tenure of employment.
(4) Documented employee performance.
(5) Military preference, subject to section 3501(a)(3) of title
5.
(b) 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.
(c) Grievance procedure
An employee against whom action is taken under this section may
elect either to file a grievance under subchapter XI of this chapter or
to appeal to the Merit Systems Protection Board under procedures
prescribed by the Board. Grievances under subchapter XI of this chapter
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.
(Pub. L. 96-465, title I, Sec. 611, as added Pub. L. 103-236, title I,
Sec. 181(a)(2), Apr. 30, 1994, 108 Stat. 417; amended Pub. L. 103-415,
Sec. 1(ii), Oct. 25, 1994, 108 Stat. 4303.)
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.
Employment Assistance Referral System for Certain Members of Foreign
Service
Section 179 of Pub. L. 103-236, as amended by Pub. L. 103-415,
Sec. 1(g), Oct. 25, 1994, 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 [Apr. 30, 1994].
``(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
Section 181(c) of Pub. L. 103-236, as amended by Pub. L. 103-415,
Sec. 1(i), Oct. 25, 1994, 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.''
Section Referred to in Other Sections
This section is referred to in sections 4009, 4046, 4071d, 4105 of
this title.
