22 U.S.C. § 4103 — Application

Page 1535 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4103 agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession; (4) ‘‘collective bargaining agreement’’ means an agreement entered into as a result of col- lective bargaining under the provisions of this subchapter; (5) ‘‘conditions of employment’’ means per- sonnel policies, practices, and matters, wheth- er established by regulation or otherwise, af- fecting working conditions, but does not in- clude policies, practices, and matters— (A) relating to political activities prohib- ited abroad or prohibited under subchapter III of chapter 73 of title 5; (B) relating to the designation or classi- fication of any position under section 3981 of this title; (C) to the extent such matters are specifi- cally provided for by Federal statute; or (D) relating to Government-wide or multi- agency responsibility of the Secretary af- fecting the rights, benefits, or obligations of individuals employed in agencies other than those which are authorized to utilize the Foreign Service personnel system; (6) ‘‘confidential employee’’ means an em- ployee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations; (7) ‘‘dues’’ means dues, fees, and assess- ments; (8) ‘‘employee’’ means— (A) a member of the Service who is a cit- izen of the United States, wherever serving, other than a management official, a con- fidential employee, a consular agent, a mem- ber of the Service who is a United States cit- izen (other than a family member) employed under section 3951 of this title, or any indi- vidual who participates in a strike in viola- tion of section 7311 of title 5; or (B) a former member of the Service as de- scribed in subparagraph (A) whose employ- ment has ceased because of an unfair labor practice under section 4115 of this title and who has not obtained any other regular and substantially equivalent employment, as de- termined under regulations prescribed by the Board; (9) ‘‘exclusive representative’’ means any labor organization which is certified as the ex- clusive representative of employees under sec- tion 4111 of this title; (10) ‘‘General Counsel’’ means the General Counsel of the Authority; (11) ‘‘labor organization’’ means an organiza- tion composed in whole or in part of employ- ees, in which employees participate and pay dues, and which has as a purpose dealing with the Department concerning grievances (as de- fined in section 4131 of this title) and condi- tions of employment, but does not include— (A) an organization which, by its constitu- tion, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or disability; (B) an organization which advocates the overthrow of the constitutional form of gov- ernment of the United States; (C) an organization sponsored by the De- partment; or (D) an organization which participates in the conduct of a strike against the Govern- ment or any agency thereof or imposes a duty or obligation to conduct, assist, or par- ticipate in such a strike; (12) ‘‘management official’’ means an indi- vidual who— (A) is a chief of mission or principal offi- cer; (B) is serving in a position to which ap- pointed by the President, by and with the advice and consent of the Senate, or by the President alone; (C) occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in sub- paragraph (A) or (B); (D) is serving as a deputy to any individual described by subparagraph (A), (B), or (C); (E) is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under section 3929 of this title; or (F) is engaged in the administration of this subchapter or in the formulation of the personnel policies and programs of the De- partment; (13) ‘‘Panel’’ means the Foreign Service Im- passe Disputes Panel, established by section 4110(a) of this title; and (14) ‘‘person’’ means an individual, a labor organization, or an agency to which this sub- chapter applies. (Pub. L. 96–465, title I, § 1002, Oct. 17, 1980, 94 Stat. 2129; Pub. L. 103–236, title I, § 180(a)(9), Apr. 30, 1994, 108 Stat. 416; Pub. L. 117–263, div. I, title XCII, § 9219(3), Dec. 23, 2022, 136 Stat. 3879.) Editorial Notes AMENDMENTS 2022—Par. (11)(A). Pub. L. 117–263 substituted ‘‘dis- ability’’ for ‘‘handicapping condition’’. 1994—Par. (8)(A). Pub. L. 103–236 inserted ‘‘a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title,’’. § 4103. Application (a) Departments and agencies affected This subchapter applies only with respect to the Department of State, the Broadcasting Board of Governors, the Agency for Inter- national Development, the Department of Agri- culture, and the Department of Commerce. (b) Exclusion of subdivisions The President may by Executive order exclude any subdivision of the Department from cov- erage under this subchapter if the President de- termines that— (1) the subdivision has as a primary function intelligence, counterintelligence, investiga- tive, or national security work, and (2) the provisions of this subchapter cannot be applied to that subdivision in a manner Page 1536 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4104 consistent with national security require- ments and considerations. (c) Suspension of provisions The President may by Executive order suspend any provision of this subchapter with respect to any post, bureau, office, or activity of the De- partment, if the President determines in writing that the suspension is necessary in the interest of national security because of an emergency. (Pub. L. 96–465, title I, § 1003, Oct. 17, 1980, 94 Stat. 2130; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(3), title XIV, § 1422(b)(4)(C), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1422(b)(4)(C), sub- stituted ‘‘Agency for International Development’’ for ‘‘United States International Development Cooperation Agency’’. Pub. L. 105–277, § 1335(k)(3), substituted ‘‘Broadcasting Board of Governors’’ for ‘‘United States Information Agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. ‘‘United States Information Agency’’ substituted for ‘‘International Communication Agency’’ in subsec. (a), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1335(k)(3) of Pub. L. 105–277 ef- fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(4)(C) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title. § 4104. Employee rights (a) Every employee has the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal. Each employee shall be protected in the exercise of such right. (b) Except as otherwise provided under this subchapter, such right includes the right— (1) to act for a labor organization in the ca- pacity of a representative and, in that capac- ity, to present the views of the labor organiza- tion to the Secretary and other officials of the Government, including the Congress, or other appropriate authorities; and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this subchapter. (Pub. L. 96–465, title I, § 1004, Oct. 17, 1980, 94 Stat. 2130.) § 4105. Management rights (a) Subject to subsection (b), nothing in this subchapter shall affect the authority of any management official of the Department, in ac- cordance with applicable law— (1) to determine the mission, budget, organi- zation, and internal security practices of the Department, and the number of individuals in the Service or in the Department; (2) to hire, assign, direct, lay off, and retain individuals in the Service or in the Depart- ment, to suspend, remove, or take other dis- ciplinary 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 mem- ber in accordance with regulations prescribed under section 4005(b) of this title; (3) to conduct reductions in force, and to prescribe regulations for the separation of em- ployees pursuant to such reductions in force conducted under section 4010a of this title; (4) to assign work, to make determinations with respect to contracting out, and to deter- mine the personnel by which the operations of the Department shall be conducted; (5) to fill positions from any appropriate source; (6) to determine the need for uniform per- sonnel policies and procedures between or among the agencies to which this subchapter applies; and (7) to take whatever actions may be nec- essary to carry out the mission of the Depart- ment during emergencies. (b) Nothing in this section shall preclude the Department and the exclusive representative from negotiating— (1) at the election of the Department, on the numbers, types, and classes of employees or positions assigned to any organizational sub- division, work project, or tour of duty, or on the technology, methods, and means of per- forming work; (2) procedures which management officials of the Department will observe in exercising any function under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any func- tion under this section by such management officials. (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.) 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. § 4106. Foreign Service Labor Relations Board (a) Establishment; composition There is established within the Federal Labor Relations Authority the Foreign Service Labor Relations Board. The Board shall be composed of 3 members, 1 of whom shall be the Chairman of the Authority, who shall be the Chairperson of the Board. The remaining 2 members shall be appointed by the Chairperson of the Board from nominees approved in writing by the agencies to