S. 2204

119 S2204 IS: Protecting America’s Diplomatic Workforce Act
 U.S. Senate
 2025-06-28
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2204  IN THE SENATE OF THE UNITED STATES   June 28, 2025   Mrs. Shaheen  (for herself,  Mr. Coons ,  Mr. Murphy ,  Mr. Kaine ,  Mr. Merkley ,  Mr. Booker ,  Mr. Schatz ,  Mr. Van Hollen ,  Ms. Duckworth , and  Ms. Rosen ) introduced the following bill; which was read twice and referred to the  Committee on Foreign Relations    A BILL
To increase transparency, fairness, and protections for diplomatic personnel affected by reductions in force, and for other purposes.
1.
Short title
This Act may be cited as the   Protecting America’s Diplomatic Workforce Act  .
2.
Improved transparency and justifications for significant reductions in force
(a)
Prohibition
Except as provided in subsection (b), during any 6-month period, a covered agency may not separate more than 50 employees from service pursuant to 1 or more reductions in force.
(b)
Requirements
A covered agency may separate more than 50 employees from service pursuant to 1 or more reductions in force during a 6-month period only if, before carrying out the reduction in force that would cause the covered agency to violate subsection (a), the covered agency—
(1)
not later than 20 days before submitting a notice of the reduction in force to affected employees, submits to the appropriate congressional committees of jurisdiction a detailed explanation of the reduction in force that includes—
(A)
the steps the covered agency has taken to exhaust all other options before carrying out the proposed reduction in force, including whether the covered agency considered reassigning the employees to an equivalent position;
(B)
the justification for the reduction in force;
(C)
an assessment of whether the proposed reduction in force will negatively impact the covered agency’s ability to carry out its mission and obligations required by statute;
(D)
an assessment of how the proposed reduction in force will affect United States diplomatic presence and engagement and the United States ability to compete with adversaries; and
(E)
with respect to employees in the civil service, information about how the covered agency has complied with—
(i)
subchapter I of  chapter 35  of title 5, United States Code; and
(ii)
part 351 of title 5, Code of Federal Regulations (or any successor regulation); and
(2)
briefs the appropriate congressional committees of jurisdiction on the justification for the reduction in force and the other criteria described in paragraph (1).
3.
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 .
4.
Reduction in force notice period
The notice period for a reduction in force pursuant to section 3502 of title 5, United States Code, at a covered agency shall be 60 days.
5.
Foreign Affairs Manual changes
Section 5318 of the Department of State Authorization Act of 2021 ( 22 U.S.C. 2658a ) is amended—
(1)
in subsection (c)(1), by striking  5 years  and inserting  8 years ; and
(2)
adding at the end the following:
(d)
Notice; consultation; briefing
Before effectuating any changes in the Foreign Affairs Manual, the Secretary of State shall—
(1)
provide notice to, and consult with, the appropriate congressional committees in writing, not later than 30 days before such changes are scheduled to take effect; and
(2)
provide a briefing to the appropriate congressional committees regarding the proposed changes.
 .
6.
Definitions
In this Act:
(1)
Appropriate congressional committees
The term  appropriate congressional committees  means the  Committee on Foreign Relations of the Senate  and the  Committee on Foreign Affairs of the House of Representatives .
(2)
Covered agency
The term  covered agency  means—
(A)
the Department of State;
(B)
the United States Agency for International Development;
(C)
the Millennium Challenge Corporation;
(D)
the United States International Development Finance Corporation;
(E)
the Peace Corps;
(F)
the United States Trade and Development Agency; and
(G)
the United States Agency for Global Media and its networks.