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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§4010a Reductions in Force

Title 22 › Chapter 52— FOREIGN SERVICE › Subchapter VI— PROMOTION AND RETENTION › § 4010a

Last updated Apr 5, 2026|Official source

Summary

The Secretary may carry out staff reductions and must write rules for separating service members who have career or career‑candidate appointments under subchapter III. Those rules must consider organizational changes, documented skills or competencies, length of service, documented job performance, and military preference (subject to section 3501(a)(3) of title 5). Section 4009 applies to anyone separated under these rules. A separated employee can choose to file a grievance under subchapter XI or appeal to the Merit Systems Protection Board. Grievances are limited to claims of reprisal, interference with official duties, or similar improper uses of the separation authority.

Full Legal Text

Title 22, §4010a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

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

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

.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 4010a

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60