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22 U.S.C. § 4011 — Termination of limited appointments
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 4010(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4010/a/2&num=0&edition=prelim), 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 paid in accordance with [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim) or is a United States citizen paid under a compensation plan under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_672cc713ac877cdf98b0456d
Source file: Laws/federal/codes/united-states-code/title-22/section-4011-termination-of-limited-appointments--ebf36a776a.md
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Passage SHA-256: ecda8d296c4198090db5ee0841b04890d9765f7e6ce58aa1e568024b446fa14e
Source location: Title 22, Chapter 52, § 4011; chapter-052-foreign-service.md
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Except as provided in [section 4010(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4010/a/2&num=0&edition=prelim), 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 paid in accordance with [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim) or is a United States citizen paid under a compensation plan under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may establish salary rates at rates lower than those established for the Foreign Service Schedule for the Foreign Service personnel described in subsection (b). The rates established under this subsection may be no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim).
**(b)** The Secretary may pay Foreign Service personnel who are recruited abroad, who are not available or are not qualified for assignment to another Foreign Service post, and who perform duties of a more routine nature than are generally performed by Foreign Service personnel assigned to class 9 in the Foreign Service Schedule, in accordance with the salary rates established under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3967
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund**
(1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under [section 3951(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/c/1&num=0&edition=prelim). To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including participation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to United States citizens at a rate which is no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). Any compensation plan established under this section may include provision for (A) leaves of absence with pay for employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in [section 6310 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim), (B) programs for voluntary transfers of such leave and voluntary leave banks, which shall, to the extent practicable, be established in a manner consistent with the provisions of subchapters III and IV, respectively, of chapter 63 of title 5, and (C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to financ
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3968
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of State may terminate at any time the appointment of any consular agent in light of the criteria and procedures normally followed in the locality in similar circumstances.
**(b)** The Secretary may terminate at any time the appointment of any foreign national employee in light of the criteria and procedures normally followed in the locality in similar circumstances.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4012
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim).
**(b) Applicability of retirement benefits** The provisions of [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim) 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 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4010a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), for purposes of this subchapter, the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including—
(A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member;
(B) other alleged violation, misinterpretation, or misapplication of applicable laws, regulations, or published policy affecting the terms and conditions of the employment or career status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial character of information in the official personnel record of the member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other interference with freedom of action in connection with participation by the member in procedures under this subchapter;
(G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations; and
(H) any discrimination prohibited by—
(i) [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4131
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Federal law — U.S. Code and appendices · legal_authorities
Page 1465
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4012a
(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 appoint-
ment 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 or to appeal to
the Merit Systems Protection Board under pro-
cedures prescribed by the Board. Grievances
under subchapter XI shall be limited to cases of
reprisal, interference in the conduct of an em-
ployee’s official duties, or similarly inappro-
priate 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.)
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 re-
lating to style of section catchline.
Statutory Notes and Related Subsidiaries
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 For-
eign Service (as described in subsection (b)), may par-
ticipate in the Office of Personnel Management’s Inter-
agency Pla
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4011
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