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

Organizational changes. Documented employee knowledge, skills, or competencies. Tenure of employment. Documented employee performance. Military preference, subject to section 3501(a)(3) of title 5 . 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. 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. 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. Subsection (a) shall not apply in the case of a security risk to personnel at a covered diplomatic post. the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and 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.” 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 ]. 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.].”