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LegalText 22 U.S.C. § 4105 Management rights us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 4105 22 U.S.C. § 4105 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/s4105 data/legal/raw/us/code/title-22/usc22.xml 2ce131bdabd2687cdab10a6009b825e91d04d30888934ab68880ace425a40388 b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 cb7fcb32d5ecdc57caf9f79251ac1c213315a0e413bd99f2508a533bf7c73f10 2026-07-04 official
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22 U.S.C. § 4105 - Management rights

Text

(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;

(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;

(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 or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the Department will observe in exercising any function under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any function under this section by such management officials.

(Pub. L. 96465, title I, § 1005, Oct. 17, 1980, 94 Stat. 2131; Pub. L. 103236, title I, § 181(b), Apr. 30, 1994, 108 Stat. 417; Pub. L. 103415, § 1(jj)(2), Oct. 25, 1994, 108 Stat. 4303.)

Notes

Editorial Notes

Amendments1994—Subsec. (a)(3) to (7). Pub. L. 103236, as amended by Pub. L. 103415, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.