§ 3922a. — Representation of minorities and women in Foreign Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3922a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER II--MANAGEMENT OF SERVICE
Sec. 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, consistent with section 7201 of title 5, a plan
designed 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, place particular emphasis on achieving
significant 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, Sec. 152, Aug. 16, 1985, 99 Stat. 428; Pub. L.
100-204, title I, Sec. 185(c)(3), Dec. 22, 1987, 101 Stat. 1366.)
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 comprises this chapter.
Amendments
1987--Subsec. (c). Pub. L. 100-204 struck out subsec. (c) which read
as follows: ``The head of each agency utilizing the Foreign Service
personnel system shall report 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.''
Report Concerning Minorities and the Foreign Service
Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2318, Oct. 21,
1998, 112 Stat. 2681-829, provided that: ``The Secretary of State shall
during each of calendar years 1998 and 1999 submit a report to the
Congress concerning minorities and the Foreign Service officer corps. In
addition to such other information as is relevant to this issue, the
report shall include the following data for the last preceding
examination and promotion cycles for which such information is available
(reported in terms of real numbers and percentages and not as ratios):
``(1) The numbers and percentages of all minorities taking the
written Foreign Service examination.
``(2) The numbers and percentages of all minorities successfully
completing and passing the written Foreign Service examination.
``(3) The numbers and percentages of all minorities successfully
completing and passing the oral Foreign Service examination.
``(4) The numbers and percentages of all minorities entering the
junior officers class of the Foreign Service.
``(5) The numbers and percentages of all minority Foreign
Service officers at each grade.
``(6) The numbers of and percentages of minorities promoted at
each grade of the Foreign Service officer corps.''
Mid-Level Women and Minority Placement Program
Pub. L. 103-236, title I, Sec. 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 qualified, trained, and experienced
women and minority personnel within the Foreign Service, to provide the
maximum opportunity for the Foreign Service to meet staffing needs and
to acquire the services of experienced and talented women and minority
personnel, and to help alleviate the impact of downsizing, reduction-in-
force, and budget restrictions occurring in the defense 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 maximum extent practicable appoint
to the Foreign Service 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 Placement Program. The
Secretary shall make such appointments through the mid-level entry
program of the Department 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 section.''
Women and Minorities in Foreign Service
Section 183 of Pub. L. 100-204 provided that:
``(a) Findings.--The Congress finds that the Department 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 Service; 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 system--
``(1) shall substantially increase their efforts to implement
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 Foreign Service;
and
``(2) shall ensure that those plans effectively address the need
to promote increased numbers of qualified women and members of
minority groups into the senior levels of the Foreign Service.
``(c) Department of State Hiring Practices of Minorities and
Women.--The Secretary of State shall include annually as part of the
report required to be submitted 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 Senior Foreign Service of the Department of
State.''
