22 U.S.C. § 4102 — Definitions

Page 1534 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4089 leave to perform service in the uniformed serv- ices (as defined in section 4303(13) of title 38) may receive an education allowance if the em- ployee would, if not for such service, be eligible to receive the education allowance. (Pub. L. 96–465, title I, § 908, as added Pub. L. 118–31, div. F, title LXII, § 6221(a), Dec. 22, 2023, 137 Stat. 978; amended Pub. L. 118–159, div. G, title LXXVI, § 7603, Dec. 23, 2024, 138 Stat. 2553.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 inserted ‘‘or United States Agen- cy for International Development’’ after ‘‘A Depart- ment’’. § 4089. Portability of professional licenses (a) In general In any case in which a member of the Foreign Service or the spouse of a member of the For- eign Service has a covered United States license and such member of the Foreign Service or spouse relocates his or her residency because of an assignment or detail to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered li- cense shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such an assignment or detail if such member of the Foreign Service or spouse— (1) provides a copy of the member’s notifica- tion of assignment to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with— (A) the licensing authority that issued the covered license; and (B) every other licensing authority that has issued to the member of the Foreign Service or spouse a license valid at a similar scope of practice and in the discipline ap- plied in the jurisdiction of such licensing au- thority; and (3) submits to the authority of the licensing authority in the new jurisdiction for the pur- poses of standards of practice, discipline, and fulfillment of any continuing education re- quirements. (b) Interstate licensure compacts If a member of the Foreign Service or spouse of a member of the Foreign Service is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the member of the Foreign Service or spouse of a member of the Foreign Service shall be subject to the require- ments of the compact or the applicable provi- sions of law of the applicable State and not this section. (c) Covered license defined In this section, the term ‘‘covered license’’ means a professional license or certificate— (1) that is in good standing with the licens- ing authority that issued such professional li- cense or certificate; (2) that the member of the Foreign Service or spouse of a member of the Foreign Service has actively used during the two years imme- diately preceding the relocation described in subsection (a); and (3) that is not a license to practice law. (Pub. L. 96–465, title I, § 909, as added Pub. L. 118–159, div. G, title LXXI, § 7104(a), Dec. 23, 2024, 138 Stat. 2523.) SUBCHAPTER X—LABOR-MANAGEMENT RELATIONS § 4101. Congressional findings and policy The Congress finds that— (1) experience in both private and public em- ployment indicates that the statutory protec- tion of the right of workers to organize, bar- gain collectively, and participate through labor organizations of their own choosing in decisions which affect them— (A) safeguards the public interest, (B) contributes to the effective conduct of public business, and (C) facilitates and encourages the amicable settlement of disputes between workers and their employers involving conditions of em- ployment; (2) the public interest demands the highest standards of performance by members of the Service and the continuous development and implementation of modern and progressive work practices to facilitate improved perform- ance and efficiency; and (3) the unique conditions of Foreign Service employment require a distinct framework for the development and implementation of mod- ern, constructive, and cooperative relation- ships between management officials and orga- nizations representing members of the Serv- ice. Therefore, labor organizations and collective bargaining in the Service are in the public inter- est and are consistent with the requirement of an effective and efficient Government. The pro- visions of this subchapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government. (Pub. L. 96–465, title I, § 1001, Oct. 17, 1980, 94 Stat. 2128.) § 4102. Definitions As used in this subchapter, the term— (1) ‘‘Authority’’ means the Federal Labor Relations Authority, described in section 7104(a) of title 5; (2) ‘‘Board’’ means the Foreign Service Labor Relations Board, established by section 4106(a) of this title; (3) ‘‘collective bargaining’’ means the per- formance of the mutual obligation of the man- agement representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agree- ment with respect to the conditions of em- ployment affecting employees, and to execute, if requested by either party, a written docu- ment incorporating any collective bargaining 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