22 U.S.C. § 2734h — Increased accountability in assignment

Page 1173 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2734h (4) The number of restrictions that were ap- pealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results. (Pub. L. 117–81, div. E, title LIII, § 5311(d), Dec. 27, 2021, 135 Stat. 2364.) § 2734f. Strategic staffing plan for the Depart- ment of State (a) In general Not later than 18 months after December 27, 2021, the Secretary shall submit to the appro- priate congressional committees and the Com- mittees on Appropriations of the Senate and the House of Representatives a comprehensive 5- year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after December 27, 2021, which shall in- clude the following: (1) A dataset displaying comprehensive workforce data, including all shortages in bu- reaus described in GAO report GAO–19–220, for all current and planned employees of the De- partment, disaggregated by— (A) Foreign Service officer and Foreign Service specialist rank; (B) civil service job skill code, grade level, and bureau of assignment; (C) contracted employees, including the equivalent job skill code and bureau of as- signment; (D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Fed- eral Regulations, including the equivalent grade and job skill code and bureau of as- signment of such employee; and (E) overseas region. (2) Recommendations on the number of For- eign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such rec- ommendations. (3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations. (b) Maintenance The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis. (c) Consultation The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations fa- miliar with the demands and needs of the De- partment’s workforce. (d) Report Not later than 120 days after December 27, 2021, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such short- ages on national security objectives, and the De- partment’s plan to implement recommendations described in GAO–19–220. (Pub. L. 117–81, div. E, title LIII, § 5313, Dec. 27, 2021, 135 Stat. 2365.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘appropriate congres- sional committees’’, 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. § 2734g. Promoting transparency and account- ability in the Department of State workforce (a) In general The Secretary should establish a mechanism to ensure that appointments or details of De- partment career employees to staff positions in the Office of the Secretary, the Office of the Deputy Secretary of State, the Office of the Counselor of the Department, any office of the Secretary’s Policy Planning Staff, and any of- fice of an Under Secretary of State, and details to the National Security Council, are trans- parent, competitive, inclusive, and merit-based. (b) Report Not later than 90 days after December 23, 2022, the Secretary shall submit a report to the ap- propriate congressional committees regarding the mechanism established pursuant to sub- section (a). (c) Availability The Secretary shall— (1) use transparent, competitive, inclusive, and merit-based processes for appointments and details to the staff positions specified in subsection (a); and (2) ensure that such positions are equally available to all employees of the Civil Service and the Foreign Service of the Department. (Pub. L. 117–263, div. I, title XCIV, § 9404, Dec. 23, 2022, 136 Stat. 3896.) Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Pub. L. 117–263, div. I, title XCIV, § 9405, Dec. 23, 2022, 136 Stat. 3897, provided that: ‘‘Nothing in this title [en- acting this section] may be construed as altering exist- ing law regarding merit system principles.’’ DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 9002 of Pub. L. 117–263, set out as a note under section 2651 of this title. § 2734h. Increased accountability in assignment restrictions and reviews (a) Sense of Congress It is the sense of Congress that— (1) the use of policies to restrict personnel from serving in certain assignments may un- dermine the Department’s ability to deploy Page 1174 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2735 relevant cultural and linguistic skills at diplo- matic posts abroad if not applied judiciously; and (2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department. (b) Notification of status Beginning not later than 90 days after Decem- ber 22, 2023, the Secretary shall— (1) provide a status update for all Depart- ment personnel who, prior to December 22, 2023, were subject to a prior assignment re- striction, assignment review, or preclusion for whom a review or decision related to assign- ment is pending; and (2) on an ongoing basis, provide a status up- date for any Department personnel who has been the subject of a pending assignment re- striction or pending assignment review for more than 30 days. (c) Notification content The notification required under subsection (b) shall inform relevant personnel, as of the date of the notification— (1) whether any prior assignment restriction has been lifted; (2) if their assignment status is subject to ongoing review, and an estimated date for completion; and (3) if they are subject to any other restric- tions on their ability to serve at posts abroad. (d) Adjudication of ongoing assignment reviews (1) Time limit The Department shall establish a reasonable time limit for the Department to complete an assignment review and establish a deadline by which it must inform personnel of a decision related to such a review. (2) Appeals For any personnel the Department deter- mines are ineligible to serve in an assignment due to an assignment restriction or assign- ment review, a Security Appeal Panel shall convene not later than 120 days of an appeal being filed. (3) Entry-level bidding process The Department shall include a description of the assignment review process and critical human intelligence threat posts in a briefing to new officers as part of their entry-level bid- ding process. (4) Points of contact The Department shall designate points of contact in the Bureau of Diplomatic Security and Bureau of Global Talent Management to answer employee and Career Development Of- ficer questions about assignment restrictions, assignment reviews, and preclusions. (e) Security appeal panel Not later than 90 days after December 22, 2023, the Security Appeal Panel shall be comprised of— (1) the head of an office responsible for human resources or discrimination who re- ports directly to the Secretary; (2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management; (3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research; (4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management; (5) a representative from the geographic bu- reau to which the restriction applies; and (6) a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors. (f) Omitted (g) FAM update Not later than 120 days after December 22, 2023, the Secretary shall amend all relevant pro- visions of the Foreign Affairs Manual, and any associated or related policies of the Department, to comply with this section. (Pub. L. 118–31, div. F, title LXI, § 6115, Dec. 22, 2023, 137 Stat. 969.) Editorial Notes CODIFICATION Section is comprised of section 6115 of Pub. L. 118–31. Subsec. (f) of section 6115 of Pub. L. 118–31 amended sec- tion 2734c of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Department’’ and ‘‘Secretary’’ as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title. § 2735. Foreign relations exchange programs (a) Authority The Secretary may establish exchange pro- grams under which officers or employees of the Department of State, including individuals ap- pointed under title 5 and members of the For- eign Service (as defined in section 3903 of this title), may be assigned, for not more than 1 year, to a position with any foreign government or international entity that permits an em- ployee to be assigned to a position with the De- partment of State. (b) Salary and benefits (1) Members of Foreign Service During a period in which a member of the Foreign Service is participating in an ex- change program authorized pursuant to sub- section (a), such member shall be entitled to the salary and benefits to which such member would receive but for the assignment under this section. (2) Non-Foreign Service employees of Depart- ment An employee of the Department of State other than a member of the Foreign Service participating in an exchange program author- ized pursuant to subsection (a) shall be treated in all respects as if detailed to an inter- national organization pursuant to section 3343(c) of title 5.