republic-os/legal/us/code/title-22/chapter-52/section-4010a.md

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LegalText	22 U.S.C. § 4010a	Reductions in force	us	united_states_code	code_section	22	FOREIGN RELATIONS AND INTERCOURSE	52	FOREIGN SERVICE	4010a	22 U.S.C. § 4010a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip	/us/usc/t22/s4010a	data/legal/raw/us/code/title-22/usc22.xml	1697b94010b6d31cf672c7bfc959f9239984041c7bade076574ec7e79b2054d5	b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83	a2de6553eb468ef38d2598cf82a758df40c6628adcc5a6db8c84a67884c713d2	2026-07-04	official	legal us-code

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

Text

(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.)

Notes

Editorial Notes

Prior ProvisionsA prior section 611 of Pub. L. 96–465 was renumbered section 612 and is classified to section 4011 of this title.

Amendments1994—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 PostsPub. 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 ServicePub. 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 ForcePub. 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.”