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22 U.S.C. § 4105 — Management rights
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), nothing in this subchapter 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 4005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim);
(3) to conduct reductions in force, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under [section 4010a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4010a&num=0&edition=prelim);
(4) 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;
(5) to fill positions from any appropriate source;
(6) to determine the need for uniform personnel policies and procedures between or among the agencies to which this subchapter applies; and
(7) 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 o
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Source file: Laws/federal/codes/united-states-code/title-22/section-4105-management-rights--3a1e64d0c7.md
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Source location: Title 22, Chapter 52, § 4105; chapter-052-foreign-service.md
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**(a)** Subject to subsection (b), nothing in this subchapter 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 4005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim);
(3) to conduct reductions in force, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under [section 4010a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4010a&num=0&edition=prelim);
(4) 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;
(5) to fill positions from any appropriate source;
(6) to determine the need for uniform personnel policies and procedures between or among the agencies to which this subchapter applies; and
(7) 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.
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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
Page 1536
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4104
consistent with national security require-
ments and considerations.
(c) Suspension of provisions
The President may by Executive order suspend
any provision of this subchapter with respect to
any post, bureau, office, or activity of the De-
partment, if the President determines in writing
that the suspension is necessary in the interest
of national security because of an emergency.
(Pub. L. 96–465, title I, § 1003, Oct. 17, 1980, 94
Stat. 2130; Pub. L. 97–241, title III, § 303(b), Aug.
24, 1982, 96 Stat. 291; Pub. L. 105–277, div. G,
subdiv. A, title XIII, § 1335(k)(3), title XIV,
§ 1422(b)(4)(C), Oct. 21, 1998, 112 Stat. 2681–789,
2681–793.)
Editorial Notes
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277, § 1422(b)(4)(C), sub-
stituted ‘‘Agency for International Development’’ for
‘‘United States International Development Cooperation
Agency’’.
Pub. L. 105–277, § 1335(k)(3), substituted ‘‘Broadcasting
Board of Governors’’ for ‘‘United States Information
Agency’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Broadcasting Board of Governors renamed United
States Agency for Global Media pursuant to section
6204(a)(21) of this title. The renaming was effectuated
by notice to congressional appropriations committees
dated May 24, 2018, and became effective Aug. 22, 2018.
‘‘United States Information Agency’’ substituted for
‘‘International Communication Agency’’ in subsec. (a),
pursuant to section 303(b) of Pub. L. 97–241, set out as
a note under section 1461 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 1335(k)(3) of Pub. L. 105–277 ef-
fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277,
set out as an Effective Date note under section 6531 of
this
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4105
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