§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.

(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 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.

(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 relating to style of section catchline.

Statutory Notes and Related Subsidiaries

Notification of Intent To Reduce Personnel at Covered Diplomatic Posts

Pub. L. 119–60, div. E, title I, §5177, Dec. 18, 2025, 139 Stat. 1590 , provided that:

"(a) In General.-Except as provided in subsection (b), not later than 30 days before the date on which the Secretary [of State] carries out a reduction in United States Foreign Service personnel of at least 10 percent at a covered diplomatic post, the Secretary shall submit to the appropriate congressional committees a notification of the intent to carry out such a reduction, which shall include a certification by the Secretary that such reduction will not negatively impact the ability of the United States to compete with the People's Republic of China, the Islamic Republic of Iran, or the Russian Federation.

"(b) Exception.-Subsection (a) shall not apply in the case of a security risk to personnel at a covered diplomatic post.

"(c) Definitions.-In this section-

"(1) the term 'appropriate congressional committees' means-

"(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

"(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

"(2) the term 'covered diplomatic post' means a United States diplomatic post in a country in which the People's Republic of China, the Islamic Republic of Iran, or the Russian Federation also have a diplomatic post."

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 Management's 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."