**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim).
**(b) Applicability of retirement benefits** The provisions of [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim) 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.
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Stable record: federal_law:legal_authorities:record_usc_cee7b98f0ff37dad6093b515 Source file: Laws/federal/codes/united-states-code/title-22/section-4010a-reductions-in-force--a8d1b3404e.md Pages: Not recorded – Not recorded Passage SHA-256: 87ca4a3a1167a805cf7e7c21749e7809c9c31383242482500d8e4e3be1f23bba Retained source evidence SHA-256: 46eb3e7d7dc64f3bdeb78a3484ac6f564fa628da90870b98c0aa8c86ece6a046
Source location: Title 22, Chapter 52, § 4010a; chapter-052-foreign-service.md
Stored source content
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim).
**(b) Applicability of retirement benefits** The provisions of [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 4010a. Reductions in force
(a) Authorization and regulations
The Secretary may conduct reductions in
force and shall prescribe regulations for the sep-
aration of members of the Service holding a ca-
reer or career candidate appointment under sub-
chapter III of this chapter, under such reduc-
tions in force which give due effect to the fol-
lowing:
(1) Organizational changes.
(2) Documented employee knowledge, skills,
or competencies.
Page 1465
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4012a
(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 appoint-
ment 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 pro-
cedures prescribed by the Board. Grievances
under subchapter XI shall be limited to cases of
reprisal, interference in the conduct of an em-
ployee’s official duties, or similarly inappro-
priate 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 re-
lating to style of section catch