22 U.S.C. § 4011 — Termination of limited appointments

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 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 For- eign Service (as described in subsection (b)), may par- ticipate in the Office of Personnel Management’s Inter- agency 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 For- eign 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 PER- SONNEL MANAGEMENT PRIOR TO PRESCRIBING REGU- LATIONS 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 pub- lish such regulations.’’ § 4011. Termination of limited appointments Except as provided in section 4010(a)(2) of this title, the Secretary may terminate at any time the appointment of any member of the Service serving under a limited appointment who is in the Senior Foreign Service, who is assigned to a salary class in the Foreign Service Schedule or who is paid in accordance with section 3967 of this title or is a United States citizen paid under a compensation plan under section 3968 of this title. (Pub. L. 96–465, title I, § 612, formerly § 611, Oct. 17, 1980, 94 Stat. 2099; renumbered § 612 and amended Pub. L. 103–236, title I, §§ 180(a)(7), 181(a)(1), Apr. 30, 1994, 108 Stat. 416.) Editorial Notes PRIOR PROVISIONS A prior section 612 of Pub. L. 96–465 was renumbered section 613 and is classified to section 4012 of this title. AMENDMENTS 1994—Pub. L. 103–236, § 180(a)(7), substituted ‘‘or who is paid in accordance with section 3967 of this title or is a United States citizen paid under a compensation plan under section 3968 of this title.’’ for ‘‘, or who is a family member of a Government employee serving under a local compensation plan established under sec- tion 3968 of this title.’’ § 4012. Termination of appointments of consular agents and foreign national employees (a) The Secretary of State may terminate at any time the appointment of any consular agent in light of the criteria and procedures normally followed in the locality in similar cir- cumstances. (b) The Secretary may terminate at any time the appointment of any foreign national em- ployee in light of the criteria and procedures normally followed in the locality in similar cir- cumstances. (Pub. L. 96–465, title I, § 613, formerly § 612, Oct. 17, 1980, 94 Stat. 2099; renumbered § 613, Pub. L. 103–236, title I, § 181(a)(1), Apr. 30, 1994, 108 Stat. 416.) Editorial Notes PRIOR PROVISIONS A prior section 613 of Pub. L. 96–465 was renumbered section 614 and is classified to section 4013 of this title. § 4012a. Foreign national employees separation pay (a) Establishment There is established in the Treasury of the United States a fund to provide separation pay for foreign national employees of agencies of the United States Government, other than the De- partment of Defense. (b) Funding There shall be deposited in such account— (1) all amounts previously obligated for ac- crued separation pay of foreign national em- ployees of such agencies of the United States Government; and (2) amounts obligated for fiscal years after 1991 by such agencies for the current and fu- ture costs of separation pay of foreign na- tional employees.