22 U.S.C. § 2736a — Recruitment and retention

Page 1178 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2736a sources or its equivalent shall analyze demo- graphic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diver- sity of those participating in such interviews impacts the results. (d) Tracking data The Department shall— (1) track demographic data relating to par- ticipants in professional development pro- grams and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, con- sistent with merit system principles; and (B) to understand the extent to which par- ticipation in any professional development program offered or sponsored by the Depart- ment differs among the demographic cat- egories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low partici- pation, in such professional development pro- grams. (Pub. L. 117–81, div. E, title LIV, § 5402, Dec. 27, 2021, 135 Stat. 2371.) Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘Department’’ as used in this sec- tion, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LIV, § 5401, Dec. 27, 2021, 135 Stat. 2371, provided that: ‘‘In this title [enacting this section and sections 2736a to 2736e of this title and amending section 3941 of this title]: ‘‘(1) APPLICANT FLOW DATA.—The term ‘applicant flow data’ means data that tracks the rate of applica- tions for job positions among demographic cat- egories. ‘‘(2) DEMOGRAPHIC DATA.—The term ‘demographic data’ means facts or statistics relating to the demo- graphic categories specified in the Office of Manage- ment and Budget statistical policy directive entitled ‘Standards for Maintaining, Collecting, and Pre- senting Federal Data on Race and Ethnicity’ (81 Fed. Reg. 67398). ‘‘(3) DIVERSITY.—The term ‘diversity’ means those classes of persons protected under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ‘‘(4) WORKFORCE.—The term ‘workforce’ means— ‘‘(A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); ‘‘(B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3902) [sic, 22 U.S.C. 3903]); ‘‘(C) all individuals serving under a personal serv- ices contract; ‘‘(D) all individuals serving under a Foreign Serv- ice Limited appointment under section 309 of the Foreign Service Act of 1980 [22 U.S.C. 3949]; or ‘‘(E) individuals other than Locally Employed Staff working in the Department of State under any other authority.’’ § 2736a. Recruitment and retention (a) In general The Secretary shall— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the For- eign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-rep- resented groups, which should include out- reach at appropriate colleges, universities, af- finity groups, and professional associations. (b) Scope The diversity recruitment initiatives de- scribed in subsection (a) shall include— (1) recruiting at women’s colleges, histori- cally Black colleges and universities, minor- ity-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in news- papers, magazines, and job sites oriented to- ward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and reten- tion; (5) expanding the use of paid internships; and (6) cultivating partnerships with organiza- tions dedicated to the advancement of the pro- fession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-harassment and anti- discrimination (1) In general The Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) ensure the provision to all individuals in the workforce of training on anti-harass- ment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or miti- gate unconscious bias; (B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimi- nation information and policies, including policies relating to sexual assault preven- tion and response; and (C) make such expanded training manda- tory for— (i) individuals in senior and supervisory positions; (ii) individuals having responsibilities related to recruitment, retention, or pro- motion of employees; and (iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis. (2) Best practices The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training pro- vided under this subsection. Page 1179 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2736c (Pub. L. 117–81, div. E, title LIV, § 5403, Dec. 27, 2021, 135 Stat. 2372.) Statutory Notes and Related Subsidiaries EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS Pub. L. 118–31, div. F, title LXII, § 6213, Dec. 22, 2023, 137 Stat. 978, provided that: ‘‘(a) IN GENERAL.—Not later than two years after the date of the enactment of this division [Dec. 22, 2023]— ‘‘(1) the Secretary [of State] is authorized to in- crease the number of diplomats in the Diplomats in Residence Program from 17 to at least 20; and ‘‘(2) the Administrator of the United States Agency for International Development is authorized to in- crease the number of development diplomats in the Diplomats in Residence Program from 1 to at least 3. ‘‘(b) REPORT.—Not later than one year after the date of the enactment of this division, and every year for three years thereafter, the Secretary shall report to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] wheth- er additional Diplomats in Residence have been estab- lished, and, if so, what regions or colleges or univer- sities such diplomats are assigned to, with an expla- nation as to why those regions or schools were chosen as most in need of additional Department [of State] re- cruiting personnel.’’ DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. For definitions of ‘‘diversity’’ and ‘‘workforce’’ as used in this section, see section 5401 of Pub. L. 117–81, set out as a note under section 2736 of this title. § 2736b. Leadership engagement and account- ability (a) Reward and recognize efforts to promote di- versity and inclusion (1) In general The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in sen- ior positions and supervisors in the Depart- ment in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participa- tion in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diver- sity and inclusion with the workforce on a reg- ular basis, including with employee resource groups. (b) External advisory committees and boards For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organi- zation. (Pub. L. 117–81, div. E, title LIV, § 5404, Dec. 27, 2021, 135 Stat. 2373.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. For definitions of ‘‘diversity’’ and ‘‘workforce’’ as used in this section, see section 5401 of Pub. L. 117–81, set out as a note under section 2736 of this title. § 2736c. Professional development opportunities and tools (a) Expand provision of professional develop- ment and career advancement opportunities (1) In general The Secretary is authorized to expand pro- fessional development opportunities that sup- port the mission needs of the Department, such as— (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant posi- tions in— (i) private or international organiza- tions; (ii) State, local, and Tribal governments; (iii) other branches of the Federal Gov- ernment; or (iv) professional schools of international affairs. (2) Training for senior positions (A) In general The Secretary shall offer, or sponsor mem- bers of the workforce to participate in, a Senior Executive Service candidate develop- ment program or other program that trains members on the skills required for appoint- ment to senior positions in the Department. (B) Requirements In determining which members of the workforce are granted professional develop- ment or career advancement opportunities under subparagraph (A), the Secretary shall— (i) ensure any program offered or spon- sored by the Department under such sub- paragraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and as- sessment requirements; (ii) consider the number of expected va- cancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the De- partment under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consist- ently low participation. (Pub. L. 117–81, div. E, title LIV, § 5405, Dec. 27, 2021, 135 Stat. 2373.)