2013 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - FOREIGN SERVICE (§§ 3901 - 4226)
Subchapter VI - PROMOTION AND RETENTION (§§ 4001 - 4013)
Section 4010a - Reductions in force
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 52 - FOREIGN SERVICE SUBCHAPTER VI - PROMOTION AND RETENTION Sec. 4010a - Reductions in force |
Contains | section 4010a |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
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. 417; amended Pub. L. 103-415, §1(ii), Oct. 25, 1994, 108 Stat. 4303. |
Statutes at Large References | 108 Stat. 417, 4303, 415, 418, 4300, 4301 |
Public Law References | Public Law 96-465, Public Law 103-236, Public Law 103-415 |
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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 benefitsThe 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 procedureAn 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, §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 PROVISIONSA prior section 611 of Pub. L. 96–465 was renumbered section 612 and is classified to section 4011 of this title.
AMENDMENTS1994—Pub. L. 103–415 made technical amendment relating to style of section catchline.
EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF FOREIGN SERVICEPub. 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)
"(b)
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."
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