Foreign Service reduction in force procedures

(a) In general Section 611 of the Foreign Service Act of 1980 (22 U.S.C. 4010a) is amended— (1) by amending subsection (a) to read as follows: (a) Authorization The Secretary may conduct reductions in force for the separation of members of the Service holding a career or career candidate appointment under chapter 3 of this Act for reasons such as reorganization or shortage of funds.; (2) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; (3) by inserting after subsection (a) the following new subsections: (b) Competitive area The competitive area for a reduction in force shall be worldwide, with employees of the same rank and cone or specialist competing against each other for retention. (c) Criteria Reduction in force procedures shall be designed to ensure that determinations are based primarily on performance as determined by previous selection board rankings. Tenure of employment, language capabilities, and military preference, subject to section 3501(a)(3) of title 5, United States Code, shall also be considered. (d) Required notice Absent unforeseen circumstances, employees shall be given 120 days' advance notice of separation. In no case shall employees be given less than 60 days’ advance notice. (e) Protections Foreign Service employees shall be afforded the same protections afforded to career members of the civil service under section 3503 of title 5, United States Code, in the event of a transfer of function.; and (4) in subsection (g), as redesignated by paragraph (2), by striking the second sentence and inserting the following: The Foreign Service Grievances Board shall have the same authority as the Merit Systems Protection Board to adjudicate reduction in force grievances.. (b) Management rights Section 1005(a)(3) of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)(3)) is amended by striking, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under section 611.