dreamproit/uscode huggingface dataset:
22 U.S.C. § 4083 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4083. Required leave
(a) Criteria; length of continuous service
The Secretary may order a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States to take a leave of absence under section 6305 of title 5 (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.
(b) Place leave may be taken
Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
(c) Availability for work or duties in Department
While on a leave of absence ordered under this section, the services of any member of the Service shall be available for such work or duties in the Department or elsewhere as the Secretary may prescribe, but the time of such work or duties shall not be counted as leave.
(Pub. L. 96–465, title I, § 903, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 103–236, title I, § 180(a)(8), Apr. 30, 1994, 108 Stat. 416; Pub. L. 109–234, title I, § 1602(d)(2), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, § 2(2), Sept. 19, 2008, 122 Stat. 3535.)
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–321 substituted “or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands” for “, its territories and possessions, or the Commonwealth of Puerto Rico”.
2006—Subsec. (a). Pub. L. 109–234, which directed substitution of “12 months” for “18 months” in section 903(a) of the Foreign Service Act, was executed to subsec. (a) of this section, which is section 903 of the Foreign Service Act of 1980, to reflect the probable intent of Congress.
1994—Subsec. (a). Pub. L. 103–236 inserted “(other than a member employed under section 3951 of this title)” after “member of the Service” in two places.
22 U.S.C. § 4085 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4085. Entertainment and representation expenses
Notwithstanding section 5536 of title 5, the Secretary may provide for official receptions and may pay entertainment and representational expenses (including expenses of family members) to enable the Department and the Service to provide for the proper representation of the United States and its interests. In carrying out this section, the Secretary shall, to the maximum extent practicable, provide for the use of United States products, including American wine.
(Pub. L. 96–465, title I, § 905, Oct. 17, 1980, 94 Stat. 2128.)
22 U.S.C. § 4086 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4086. Entitlement to vote in a State in a Federal election; preconditions; applicability
(a) Except as provided in subsection (b) of this section and in such manner as shall be otherwise authorized by a State or other jurisdiction within the territory of the United States, a member of the Service residing outside the United States shall, in addition to any entitlement to vote in a State in a Federal election under section 3 of the Overseas Citizens Voting Rights Act (42 U.S.C. 1973dd–1), be entitled to vote in a Federal election in the State in which such member was last domiciled immediately before entering the Service if such member—
(1) makes an election of that State;
(2) notifies that State of such election and notifies any other States in which he or she is entitled to vote of such election; and
(3) otherwise meets the requirements of such Act [42 U.S.C. 1973dd et seq.].
(b) The provisions of subsection (a) of this section shall apply only to an individual who becomes a member of the Service on or after November 22, 1983, and shall not apply to an individual who registers to vote in a State in which he is entitled to vote under section 3 of Overseas Citizens Voting Rights Act [42 U.S.C. 1973dd–1].
(Pub. L. 96–465, title I, § 906, as added Pub. L. 98–164, title I, § 129(a), Nov. 22, 1983, 97 Stat. 1027.)
heading: References in Text
text: The Overseas Citizens Voting Rights Act, referred to in text, probably means the Overseas Citizens Voting Rights Act of 1975, Pub. L. 94–203, Jan. 2, 1976, 89 Stat. 1142, as amended, which was classified generally to subchapter I–E (§ 1973dd et seq.) of chapter 20 of Title 42, The Public Health and Welfare, and which was repealed by Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930. See section 1973ff et seq. of Title 42.
22 U.S.C. § 4101 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4101. Congressional findings and policy
The Congress finds that—
(1) experience in both private and public employment indicates that the statutory protection of the right of workers to organize, bargain 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 employment;
(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 performance and efficiency; and
(3) the unique conditions of Foreign Service employment require a distinct framework for the development and implementation of modern, constructive, and cooperative relationships between management officials and organizations representing members of the Service.
Therefore, labor organizations and collective bargaining in the Service are in the public interest and are consistent with the requirement of an effective and efficient Government. The provisions 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.)
22 U.S.C. § 4103 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 International Development, the Department of Agriculture, and the Department of Commerce.
(b) Exclusion of subdivisions
The President may by Executive order exclude any subdivision of the Department from coverage under this subchapter if the President determines that—
(1) the subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
(2) the provisions of this subchapter cannot be applied to that subdivision in a manner consistent with national security requirements 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 Department, 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.)
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–277, § 1422(b)(4)(C), substituted “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”.
heading: Change of Name
text: “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.
heading: Effective Date of 1998 Amendment
text: Amendment by section 1335(k)(3) of Pub. L. 105–277 effective 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.
22 U.S.C. § 4104 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 capacity of a representative and, in that capacity, to present the views of the labor organization 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.)
22 U.S.C. § 4105 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4105. Management rights
(a) Subject to subsection (b) of this section, nothing in this subchapter shall affect the authority of any management official of the Department, in accordance with applicable law—
(1) to determine the mission, budget, organization, 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 Department, 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;
(3) to conduct reductions in force, and to prescribe regulations for the separation of employees 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 determine 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 personnel policies and procedures between or among the agencies to which this subchapter applies; and
(7) to take whatever actions may be necessary to carry out the mission of the Department 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 subdivision, work project, or tour of duty, or on the technology, methods, and means of performing 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 function 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.)
heading: Amendments
text: 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.
22 U.S.C. § 4106 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 which this subchapter applies, and the exclusive representative (if any) of employees in each such agency. In the event of inability to obtain agreement on a nominee, the Chairperson shall appoint the remaining 2 members from among individuals the Chairperson considers knowledgeable in labor-management relations and the conduct of foreign affairs.
(b) Chairperson serving concurrently as Chairman of Authority; length of terms; designation of alternate Chairperson
The Chairperson shall serve on the Board while serving as Chairman of the Authority. Of the 2 original members of the Board other than the Chairperson, one shall be appointed for a 2-year term and one shall be appointed for a 3-year term. Thereafter, each member of the Board other than the Chairperson shall be appointed for a term of 3 years, except that an individual appointed to fill a vacancy occurring before the end of a term shall be appointed for the unexpired term of the member replaced. The Chairperson may at any time designate an alternate Chairperson from among the members of the Authority.
(c) Vacancies
A vacancy on the Board shall not impair the right of the remaining members to exercise the full powers of the Board.
(d) Holding other Government offices or positions; compensation
The members of the Board, other than the Chairperson, may not hold another office or position in the Government except as authorized by law, and shall receive compensation at the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of title 5 for each day they are performing their duties (including traveltime).
(e) Removal of members
The Chairperson may remove any other Board member, upon written notice, for corruption, neglect of duty, malfeasance, or demonstrated incapacity to perform his or her functions, established at a hearing, except where the right to a hearing is waived in writing.
(Pub. L. 96–465, title I, § 1006, Oct. 17, 1980, 94 Stat. 2131.)
22 U.S.C. § 4107 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4107. Functions of Foreign Service Labor Relations Board
(a) General provisions
The Board shall—
(1) supervise or conduct elections and determine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in good faith;
(4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accordance with section 4114 of this title; and
(5) take any action considered necessary to administer effectively the provisions of this subchapter.
(b) Consistency or precedence of decisions under other provisions of law
Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that special circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5.
(c) Implementation
In order to carry out its functions under this subchapter—
(1) the Board shall by regulation adopt procedures to apply in the administration of this subchapter; and
(2) the Board may—
(A) adopt other regulations concerning its functions under this subchapter;
(B) conduct appropriate inquiries wherever persons subject to this subchapter are located;
(C) hold hearings;
(D) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas;
(E) require the Department or a labor organization to cease and desist from violations of this subchapter and require it to take any remedial action the Board considers appropriate to carry out this subchapter; and
(F) consistent with the provisions of this subchapter, exercise the functions the Authority has under chapter 71 of title 5 to the same extent and in the same manner as is the case with respect to persons subject to chapter 71 of such title.
(Pub. L. 96–465, title I, § 1007, Oct. 17, 1980, 94 Stat. 2132.)
22 U.S.C. § 4108 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4108. Functions of General Counsel
The General Counsel may—
(1) investigate alleged unfair labor practices under this subchapter,
(2) file and prosecute complaints under this subchapter, and
(3) exercise such other powers of the Board as the Board may prescribe.
(Pub. L. 96–465, title I, § 1008, Oct. 17, 1980, 94 Stat. 2133.)
22 U.S.C. § 4109 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4109. Judicial review and enforcement
(a) Persons entitled to maintain action; time of filing; venue
Except as provided in section 4114(d) of this title, any person aggrieved by a final order of the Board may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of such order in the United States Court of Appeals for the District of Columbia.
(b) Enforcement of order; temporary relief or restraining order
The Board may petition the United States Court of Appeals for the District of Columbia for the enforcement of any order of the Board under this subchapter and for any appropriate temporary relief or restraining order.
(c) Applicability of other provisions of law
Subsection (c) of section 7123 of title 5 shall apply to judicial review and enforcement of actions by the Board in the same manner that it applies to judicial review and enforcement of actions of the Authority under chapter 71 of title 5.
(d) Unfair labor practices
The Board may, upon issuance of a complaint as provided in section 4116 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition the United States District Court for the District of Columbia, for appropriate temporary relief (including a restraining order). Upon the filing of the petition, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant any temporary relief (including a temporary restraining order) it considers just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the Department to carry out its essential functions or if the Board fails to establish probable cause that an unfair labor practice is being committed.
(Pub. L. 96–465, title I, § 1009, Oct. 17, 1980, 94 Stat. 2133.)
22 U.S.C. § 4112 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4112. Employees represented
The employees of the Department shall constitute a single and separate worldwide bargaining unit, from which there shall be excluded—
(1) employees engaged in personnel work in other than a purely clerical capacity; and
(2) employees engaged in criminal or national security investigations or who audit the work of individuals to insure that their functions are discharged honestly and with integrity.
(Pub. L. 96–465, title I, § 1012, Oct. 17, 1980, 94 Stat. 2135.)
22 U.S.C. § 4114 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4114. Resolution of implementation disputes
(a) Grievance procedure
Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall—
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.
(b) Review by Foreign Service Labor Relations Board
Either party to an appeal under subsection (a)(3) of this section may file with the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient—
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations.
(c) Time of filing exceptions; finality and binding nature of action
If no exception to a Foreign Service Grievance Board action is filed under subsection (b) of this section within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties.
(d) Judicial review
Resolutions of disputes under this section shall not be subject to judicial review.
(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)
22 U.S.C. § 4132 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4132. Grievances concerning former members or their survivors
Within the time limitations of section 4134 of this title, a former member of the Service or the surviving spouse (or, if none, another member of the family) of a deceased member or former member of the Service may file a grievance under this subchapter only with respect to allegations described in section 4131(a)(1)(G) of this title.
(Pub. L. 96–465, title I, § 1102, Oct. 17, 1980, 94 Stat. 2143.)