---
kind: "section"
citation: "22 U.S.C. § 4105"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4105"
heading: "Management rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4105"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter X — Labor-Management Relations"
---

# §4105. Management rights

- (a) Subject to [subsection (b)](#b), nothing in this subchapter shall affect the [authority](/usc/22/4102.md?p=1) of any [management official](/usc/22/4102.md?p=12) of the [Department](/usc/22/3902.md?p=4), in accordance with applicable law—
  - (1) to determine the mission, budget, organization, and internal security practices of the [Department](/usc/22/3902.md?p=4), and the number of individuals in the Service or in the [Department](/usc/22/3902.md?p=4);
  - (2) to hire, assign, direct, lay off, and retain individuals in the Service or in the [Department](/usc/22/3902.md?p=4), to suspend, remove, or take other disciplinary action against such individuals, and to determine the number of members of the Service to be promoted and to remove the name of or delay the promotion of any member in accordance with regulations prescribed under [section 4005(b) of this title](/usc/22/4005.md?p=b);
  - (3) to conduct reductions in force, and to prescribe regulations for the separation of [employees](/usc/22/4102.md?p=8) pursuant to such reductions in force conducted under [section 4010a of this title](/usc/22/4010a.md);
  - (4) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the operations of the [Department](/usc/22/3902.md?p=4) shall be conducted;
  - (5) to fill positions from any appropriate source;
  - (6) to determine the need for uniform personnel policies and procedures between or among the [agencies](/usc/22/3902.md?p=2) to which this subchapter applies; and
  - (7) to take whatever actions may be necessary to carry out the mission of the [Department](/usc/22/3902.md?p=4) during emergencies.
- (b) Nothing in this section shall preclude the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) from negotiating—
  - (1) at the election of the [Department](/usc/22/3902.md?p=4), on the numbers, types, and classes of [employees](/usc/22/4102.md?p=8) or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
  - (2) procedures which [management officials](/usc/22/4102.md?p=12) of the [Department](/usc/22/3902.md?p=4) will observe in exercising any [function](/usc/22/3902.md?p=6) under this section; or
  - (3) appropriate arrangements for [employees](/usc/22/4102.md?p=8) adversely affected by the exercise of any [function](/usc/22/3902.md?p=6) under this section by such [management officials](/usc/22/4102.md?p=12).

## Source credit

(Pub. L. 96–465, title I, § 1005, Oct. 17, 1980, 94 Stat. 2131; Pub. L. 103–236, title I, § 181(b), Apr. 30, 1994, 108 Stat. 417; Pub. L. 103–415, § 1(jj)(2), Oct. 25, 1994, 108 Stat. 4303.)

## Notes

### Editorial Notes

### Amendments

1994—Subsec. (a)(3) to (7). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.