Us Code § 4010a - Reductions in force

Full text of Us Code United States Code § 4010a — Reductions in force, with citation guidance and answers to common questions.

§ 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

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."

About This Section

22 U.S.C. § 4010a is part of Title 22 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 22 U.S.C. § 4010a. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Frequently Asked Questions About Us Code § 4010a

What does United States Code § 4010a cover?

Section 4010a ("Reductions in force") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 4010a?

A common citation format is "United States Code § 4010a" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 4010a apply to my situation?

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Sources & Verification

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