Page:United States Statutes at Large Volume 108 Part 1.djvu/443

 PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 417 (1) By redesignating sections 611, 612, and 613 as sections 612, 613, and 614, respectively. 22 USC (2) By inserting ailer section 610 the following new section: 4011-4013. •nSEC. 611. REDUCTIONS IN FORCE. Regulations. "(a) 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 chapter 3 of this Act, under such reductions in force which give due enect 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, United States Code. "(b) The provisions of section 609 shall be applicable to any member of the Service holding a career or career candidate appointment under chapter 3 of tms Act, who is separated under the provisions of this section. "(c) An employee against whom action is taken under this section may elect either to file a grievance under chapter 11 or to appeal to the Merit Systems Protection Board under procedures {>rescribed by the Board. Grievances under chapter 11 shall be imited to cases of reprisal, interference in the conduct of an employ- ee's official duties, or similarly inappropriate use of the authority of this section.". (3) By amending section 609 (22 U.S.C. 4009)— (A) in subsection (a)(2), by inserting "or 611" after "608(b)"; and (B) in subsection (b) by inserting "or 611" after "608(b)". (4) Chapter 11 of the Foreign Service Act of 1980 is amended— (A) in section 1101(b)(3) by striking "611" and inserting 22 USC 4i3i. "612"; and (B) in section 1106(8) by inserting before the period 22 USC 4136. at the end of the paragraph or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 611. (5) The table of contents for the Foreign Service Act is amended by striking out the items related to sections 611, 612, and 613 and inserting in lieu thereof the following: "Sec. 611. Reductions in force. "Sec. 612. Termination of limited appointments. "Sec. 613. Termination of appointments of consular agents and foreign national employees. "Sec. 614. Foreign Service awards.". (b) MANAGEMENT RIGHTS.— Section 1005 of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following new paragraph: "(3) to conduct reductions in force, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under section 611;".

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