22 U.S.C. § 3922a — Representation of minorities and women

Page 1427 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3922a (B) with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad. (3) The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this chapter— (A) with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and (B) with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad. (4)(A) Whenever (and to the extent) the Sec- retary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under section 3943 of this title individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secretary of State may prescribe. (B) The individuals referred to in subpara- graph (A) are individuals eligible for employ- ment abroad under section 3951(a) of this title. (b) Subject to section 3921(b) of this title— (1) the agency heads referred to in sub- section (a), and (2) the head of any other agency (to the ex- tent authority to utilize the Foreign Service personnel system is granted to such agency head under any other chapter), shall in the case of their respective agencies ex- ercise the functions vested in the Secretary by this chapter. (Pub. L. 96–465, title I, § 202, Oct. 17, 1980, 94 Stat. 2078; 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)(1), title XIV, § 1422(b)(4)(A), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 332], Nov. 29, 1999, 113 Stat. 1536, 1501A–439.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 3 of 1979, referred to in subsec. (a)(3)(A), is Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, which is set out in the Appendix to Title 5, Government Organization and Employees. AMENDMENTS 1999—Subsec. (a)(4). Pub. L. 106–113 added par. (4). 1998—Subsec. (a)(1). Pub. L. 105–277, § 1422(b)(4)(A), substituted ‘‘Administrator of the Agency for Inter- national Development’’ for ‘‘Director of the United States International Development Cooperation Agen- cy’’. Pub. L. 105–277, § 1335(k)(1), substituted ‘‘Broadcasting Board of Governors’’ for ‘‘Director of the 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. ‘‘Director of the United States Information Agency’’ substituted for ‘‘Director of the International Commu- nication Agency’’ in subsec. (a)(1), 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)(1) 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) of Pub. L. 105–277 ef- fective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title. Executive Documents EXERCISE OF CERTAIN FUNCTIONS BY BOARD OF THE FOREIGN SERVICE AND BOARD OF EXAMINERS FOR THE FOREIGN SERVICE The Board of the Foreign Service and the Board of Examiners for the Foreign Service were authorized to exercise with respect to Foreign Service personnel of the Department of Commerce, functions delegated to them by Ex. Ord. No. 11264, set out as a note under sec- tion 3930 of this title, respecting Foreign Service per- sonnel of the Department of State, see section 1–104(c) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 991, set out as a note under section 2171 of Title 19, Customs Duties. EX. ORD. NO. 10522. AUTHORITY OF THE DIRECTOR OF THE UNITED STATES INFORMATION AGENCY Ex. Ord. No. 10522, Mar. 26, 1954, 19 F.R. 1689, provided: SECTION 1. The Director of the United States Informa- tion Agency is hereby authorized to carry out the func- tions of the Board of the Foreign Service, provided for by the Foreign Service Act of 1946 (60 Stat. 999) [this chapter], with respect to personnel appointed or as- signed for service in the United States Information Agency under the provisions of such Act, as amended [this chapter]: Provided, That nothing herein contained shall be construed as transferring to the said Director any function of the said Board relating to any Foreign Service Officer. SEC. 2. The Director of the United States Information Agency is hereby authorized to prescribe such regula- tions and issue such orders and instructions, not incon- sistent with law, as may be necessary or desirable for carrying out his functions under section 1 of this order. DWIGHT D. EISENHOWER. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] § 3922a. Representation of minorities and women in Foreign Service (a) Development of program The head of each agency utilizing the Foreign Service personnel system shall develop, con- sistent with section 7201 of title 5, a plan de- signed to increase significantly the number of members of minority groups and women in the Foreign Service in that agency. (b) Emphasis on mid-levels Each plan developed pursuant to this section shall, consistent with section 7201 of title 5, Page 1428 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3922b place particular emphasis on achieving signifi- cant increases in the numbers of minority group members and women who are in the mid-levels of the Foreign Service. (Pub. L. 99–93, title I, § 152, Aug. 16, 1985, 99 Stat. 428; Pub. L. 100–204, title I, § 185(c)(3), Dec. 22, 1987, 101 Stat. 1366.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and not as part of the Foreign Service Act of 1980 which com- prises this chapter. AMENDMENTS 1987—Subsec. (c). Pub. L. 100–204 struck out subsec. (c) which read as follows: ‘‘The head of each agency uti- lizing the Foreign Service personnel system shall re- port annually to the Congress on the plan developed pursuant to this section as part of the report required to be submitted pursuant to section 3905(d)(2) of this title. Subsequent reports pursuant to that section shall include reports on the implementation of these plans, giving particular attention to the progress being made in increasing, through advancement and promotion, the numbers of members of minority groups and women in the mid-levels of the Foreign Service.’’ Statutory Notes and Related Subsidiaries REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2318, Oct. 21, 1998, 112 Stat. 2681–829, required the Secretary of State to submit, in calendar years 1998 and 1999, a re- port to Congress concerning minorities and the Foreign Service officer corps, with relevant information and specified data. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM Pub. L. 103–236, title I, § 178, Apr. 30, 1994, 108 Stat. 414, provided that: ‘‘(a) PURPOSE.—It is the purpose of this section to promote the acquisition and retention of highly quali- fied, trained, and experienced women and minority per- sonnel within the Foreign Service, to provide the max- imum opportunity for the Foreign Service to meet staffing needs and to acquire the services of experi- enced and talented women and minority personnel, and to help alleviate the impact of downsizing, reduction- in-force, and budget restrictions occurring in the de- fense and national security-related agencies of the United States. ‘‘(b) ESTABLISHMENT.—For each of the fiscal years 1994 and 1995, the Secretary of State shall to the max- imum extent practicable appoint to the Foreign Serv- ice qualified women and minority applicants who are participants in the priority placement program of the Department of Defense, the Department of Defense out- placement referral program, the Office of Personnel Management Automated Applicant Referral System, or the Office of Personnel Management Interagency Place- ment Program. The Secretary shall make such appoint- ments through the mid-level entry program of the De- partment of State under section 306 of the Foreign Service Act of 1980 [22 U.S.C. 3946]. ‘‘(c) REPORT.—Not later than 180 days after the date of enactment of this Act [Apr. 30, 1994], the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the purpose of this sec- tion.’’ WOMEN AND MINORITIES IN FOREIGN SERVICE Pub. L. 100–204, title I, § 183, Dec. 22, 1987, 101 Stat. 1364, provided that: ‘‘(a) FINDINGS.—The Congress finds that the Depart- ment of State and other Foreign Service agencies have not been successful in their efforts— ‘‘(1) to recruit and retain members of minority groups in order to increase significantly the number of members of minority groups in the Foreign Serv- ice; and ‘‘(2) to provide adequate career advancement for women and members of minority groups in order to increase significantly the numbers of women and members of minority groups in the senior levels of the Foreign Service. ‘‘(b) A MORE REPRESENTATIVE FOREIGN SERVICE.—The Secretary of State and the head of each of the other agencies utilizing the Foreign Service personnel sys- tem— ‘‘(1) shall substantially increase their efforts to im- plement effectively the plans required by section 152(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 [22 U.S.C. 3922a(a)], so that the Foreign Service becomes truly representative of the American people throughout all levels of the For- eign Service; and ‘‘(2) shall ensure that those plans effectively ad- dress the need to promote increased numbers of quali- fied women and members of minority groups into the senior levels of the Foreign Service. ‘‘(c) DEPARTMENT OF STATE HIRING PRACTICES OF MI- NORITIES AND WOMEN.—The Secretary of State shall in- clude annually as part of the report required to be sub- mitted pursuant to section 105(d)(2) of the Foreign Service Act of 1980 [former 22 U.S.C. 3905(d)(2)]— ‘‘(1) a report on the progress made at the Assistant Secretary and Bureau level of the Department of State in increasing the presence of minorities and women at all levels in the Foreign Service and Civil Service workforces of the Department of State, and ‘‘(2) the specific actions taken to address the lack of Hispanic Americans, Asian Americans, and Native Americans in the Senior Executive Service and Sen- ior Foreign Service of the Department of State.’’ § 3922b. Public diplomacy training (a) Statement of policy The following should be the policy of the United States: (1) The Foreign Service should recruit indi- viduals with expertise and professional experi- ence in public diplomacy. (2) United States chiefs of mission should have a prominent role in the formulation of public diplomacy strategies for the countries and regions to which they are assigned and should be accountable for the operation and success of public diplomacy efforts at their posts. (3) Initial and subsequent training of For- eign Service officers should be enhanced to in- clude information and training on public di- plomacy and the tools and technology of mass communication. (b) Personnel (1) Qualifications In the recruitment, training, and assignment of members of the Foreign Service, the Sec- retary of State— (A) should emphasize the importance of public diplomacy and applicable skills and techniques; (B) should consider the priority recruit- ment into the Foreign Service, including at