22-U.S.C.-4010A
§4010A – Reductions In Force
Pathway
Title 22 > Chapter 52 > Subchapter VI > Section 4010a
Details
- Reference: Section 4010a
- Legend: §4010A – Reductions In Force
- USCode Year: 2013
Provision Content
(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 employees official duties, or similarly inappropriate use of the authority of this section.
(Pub. L. 96–465, title I, §611, as added Pub. L. 103–236, title I, §181(a)(2), Apr. 30, 1994, 108 Stat. 417; amended Pub. L. 103–415, §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
Pub. L. 103–236, title I, §179, Apr. 30, 1994, 108 Stat. 415, as amended by Pub. L. 103–415, §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 Managements 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
Pub. L. 103–236, title I, §181(c), Apr. 30, 1994, 108 Stat. 418, as amended by Pub. L. 103–415, §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.
U.S. Encyclopedia of Law Coverage
22-U.S.C.-4002 in the Legal Encyclopedia: Foreign Relations
In this entry about 22-U.S.C.-4002, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-4082 in the Legal Encyclopedia: Foreign Service
In this entry about 22-U.S.C.-4082, find legal reference material, bibliographies and premiere content related to foreign service in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign service-specific issues, written by authorities in the field.
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