REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS OF THE FOREIGN SERVICE.

SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS OF THE FOREIGN SERVICE. (a) IN General.— The Foreign Service Act of 1980 (22 U.S.C. 4001 et seq.) is amended as follows: 108 STAT. 417 (1) By redesignating sections 611, 612, and 613 as sections 612, 613, and 614, respectively. (2) By inserting after section 610 the following new section: “SEC. 611. REDUCTIONS IN FORCE. “(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 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, 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 this 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 prescribed by the Board. Grievances under chapter 11 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.”. (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 “612”; and (B) in section 1106(8) by inserting before the period 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;”. 108 STAT. 418 (c) Consultation.— 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 (as added by subsection (a) of this section), and shall publish such regulations.