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22 U.S.C. § 4010a — Reductions in force

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](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.

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Stable record: federal_law:legal_authorities:record_usc_cee7b98f0ff37dad6093b515
Source file: Laws/federal/codes/united-states-code/title-22/section-4010a-reductions-in-force--a8d1b3404e.md
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Passage SHA-256: 87ca4a3a1167a805cf7e7c21749e7809c9c31383242482500d8e4e3be1f23bba

Source location: Title 22, Chapter 52, § 4010a; chapter-052-foreign-service.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4009 — Retirement benefits

**(a) Entitlement** A member of the Service— (1) who is retired under [section 4007(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/c/2&num=0&edition=prelim); or (2) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title— (A) after becoming eligible for voluntary retirement under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) or any other applicable provision of chapter 84 of title 5, or (B) from the Senior Foreign Service or while assigned to class 1 in the Foreign Service Schedule, shall receive retirement benefits in accordance with [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) or [section 4071d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071d&num=0&edition=prelim), as appropriate. **(b) Computation of amount; refund; death of member** Any member of the Service (other than a member to whom subsection (a) applies) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title shall receive— (1) one-twelfth of a year’s salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year’s salary at his or her then current salary rate, payable without interest from the Foreign Service Retirement and Disability Fund in 3 equal installments, such installments to be paid on January 1 of each of the first 3 calendar years beginning after the retirement of the member (except that in special cases, the Secretary of State may accelerate or combine such installments); and (2) (A) fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4009

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4011 — Termination of limited appointments

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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4011

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3941 — General provisions

**(a) Citizenship requirement** Only citizens of the United States may be appointed to the Service, other than for service abroad as a consular agent or as a foreign national employee. **(b) Examinations** (1) The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Service (other than as a chief of mission or ambassador at large). (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States. **(c) Veteran or disabled veteran** The fact that an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an affirmative factor in making such appointments. As used in this subsection, the term “veteran or disabled veteran” means an individual who is a preference eligible under subparagraph (A), (B), or (C) of [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim). **(d) Career and noncareer appointments** (1) Members of the Service serving under career appointments are career members of the Service. Members of the Service serving under limited appointments are either career candidates or noncareer members of the Service. (2) Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President. (3) An appointment as a Foreign Service officer is a career appointment. Foreign Service employees serving as career candidates or career members of the Service shall not represent to the income tax authorities of the District of Columb

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3941

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4071d — Entitlement to annuity

**(a) Retirement conditions; definitions** (1) Any participant may be retired under the conditions specified in [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) and shall be retired under the conditions specified in sections 4052 and 4053 of this title and receive benefits under this part. (2) For the purposes of this subsection— (A) the term “participant”, as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and (B) the term “System”, as used in those sections, means the Foreign Service Pension System. (3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 11 See References in Text note below. of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that would have been payable to the member if the member’s official duty station had been Washington, D.C. **(b) Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity** (1) Any participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, and who has completed at least 5 years

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071d

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4105 — Management rights

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4105

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4136 — Foreign Service Grievance Board procedures

The Board may adopt regulations concerning its organization and procedures. Such regulations shall include provision for the following: (1) The Board shall conduct a hearing at the request of a grievant in any case which involves— (A) disciplinary action or the retirement of a grievant from the Service under section 4007 or 4008 of this title, or (B) issues which, in the judgment of the Board, can best be resolved by a hearing or presentation of oral argument. (2) The grievant, the representatives of the grievant, the exclusive representative (if the grievant is a member of the bargaining unit represented by the exclusive representative), and the representatives of the Department are entitled to be present at the hearing. The Board may, after considering the views of the parties and any other individuals connected with the grievance, decide that a hearing should be open to others. Testimony at a hearing shall be given under oath, which any Board member or individual designated by the Board shall have authority to administer. (3) Each party (including an exclusive representative appearing in the proceedings) shall be entitled to examine and cross-examine witnesses at the hearing or by deposition and to serve interrogatories upon another party and have such interrogatories answered by the other party unless the Board finds such interrogatory irrelevant, immaterial, or unduly repetitive. Upon request of the Board, or upon a request of the grievant deemed relevant and material by the Board, an agency shall promptly make available at the hearing or by deposition any witness under its control, supervision, or responsibility, except that if the Board determines that the presence of such witness at the hearing is required for just resolution of the grievance, then the

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4136

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4010a — Reductions in force

Page 1464 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4010a Editorial Notes AMENDMENTS 2024—Subsec. (c)(6). Pub. L. 118–159 substituted ‘‘this subsection’’ for ‘‘paragraph (1)(B)’’. 2022—Subsec. (a)(1). Pub. L. 117–263 struck out ‘‘decide to’’ after ‘‘The Secretary may’’ and inserted before pe- riod at end ‘‘, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault’’. 2021—Subsec. (c)(1). Pub. L. 117–81, § 5317(1), sub- stituted ‘‘indefinitely suspend without duties’’ for ‘‘sus- pend’’ in introductory provisions. Subsec. (c)(5), (6). Pub. L. 117–81, § 5317(3), added pars. (5) and (6). Former par. (5) redesignated (7). Subsec. (c)(7). Pub. L. 117–81, § 5317(2), (4), redesig- nated par. (5) as (7), struck out subpar. (A) designation before ‘‘The term’’, substituted ‘‘this subsection, the term’’ for ‘‘this subsection: The term’’, redesignated cls. (i) and (ii) as subpars. (A) and (B), realigned mar- gins, and struck out former subpar. (B) which read as follows: ‘‘The terms ‘suspend’ and ‘suspension’ mean placing a member of the Foreign Service in a tem- porary status without duties.’’ 2016—Pub. L. 114–323, § 415(a)(1), substituted ‘‘Separa- tion for cause; suspension’’ for ‘‘Separation for cause’’ in section catchline. Subsec. (c). Pub. L. 114–323, § 415(a)(2), added subsec. (c). 2002—Subsec. (a)(1). Pub. L. 107–228, § 314(a)(1), in- serted ‘‘decide to’’ after ‘‘may’’. Subsec. (a)(2) to (6). Pub. L. 107–228, § 314(a)(2), (3), added pars. (2) to (4) and struck out former pars. (2) to (6) which related to the rights of members of the Serv- ice to hearings before the Foreign Service Grievance Board prior to being separated from the

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4010a

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