22 U.S.C. § 3922 — Utilization of Foreign Service personnel

Page 1426 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3922 1980, which is classified principally to this chapter (§ 3901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. Statutory Notes and Related Subsidiaries CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES AND IMMUNITIES Pub. L. 117–263, div. I, title XCII, § 9209, Dec. 23, 2022, 136 Stat. 3873, provided that: ‘‘(a) CURTAILMENTS REPORT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], and every 180 days thereafter, the Secretary [of State] shall submit a report to the appropriate congres- sional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] regarding curtailments of Department [of State] personnel from overseas posts. ‘‘(2) CONTENTS.—The Secretary shall include in the report required under paragraph (1)— ‘‘(A) relevant information about any post that, during the 6-month period preceding the report— ‘‘(i) had more than 5 curtailments; or ‘‘(ii) had curtailments representing more than 5 percent of Department personnel at such post; and ‘‘(B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. ‘‘(C) ADDITIONAL CONTENTS FOR INITIAL REPORT.— The initial report submitted pursuant to paragraph (1) shall identify— ‘‘(i) the number of curtailments at the Deputy Chief of Mission or Principal Officer level for each of the previous 5 years; and ‘‘(ii) to the extent practicable— ‘‘(I) the number of such curtailments that were voluntary and the number of such curtail- ments that were involuntary; and ‘‘(II) the number of those curtailed who left the service within 1 year after such curtail- ment. ‘‘(b) REMOVAL OF DIPLOMATS.—Not later than 20 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— ‘‘(1) notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Represent- atives of such declaration; and ‘‘(2) include with such notification— ‘‘(A) the official reason for such declaration (if provided by the host government); ‘‘(B) the date of the declaration; and ‘‘(C) whether the Department responded by de- claring a host government’s diplomat in the United States persona non grata. ‘‘(c) WAIVER OF PRIVILEGES AND IMMUNITIES.—Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Dip- lomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the major- ity of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the rea- son for such waiver. ‘‘(d) TERMINATION.—This section shall terminate on the date that is 5 years after the date of the enactment of this Act.’’ MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS Pub. L. 117–263, div. I, title XCII, § 9212, Dec. 23, 2022, 136 Stat. 3874, provided that: ‘‘(a) IN GENERAL.—Beginning not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary [of State] shall annually conduct, at each diplomatic and consular post, a voluntary sur- vey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Dep- uty Chief of Mission, and the Charge d’Affaires. ‘‘(b) ANONYMITY.—All responses to the survey shall be— ‘‘(1) fully anonymized; and ‘‘(2) made available to the Director General of the Foreign Service. ‘‘(c) SURVEY.—The survey shall seek to assess— ‘‘(1) the general morale at post; ‘‘(2) the presence of any hostile work environment; ‘‘(3) the presence of any harassment, discrimina- tion, retaliation, or other mistreatment; and ‘‘(4) effective leadership and collegial work environ- ment. ‘‘(d) DIRECTOR GENERAL RECOMMENDATIONS.—Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommenda- tions to posts, as appropriate, based on the findings of the surveys. ‘‘(e) REFERRAL.—If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Di- rector General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspec- tor General considers appropriate, conduct an inspec- tion of the post in accordance with section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)). ‘‘(f) ANNUAL REPORT.—The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on For- eign Affairs of the House of Representatives] that in- cludes— ‘‘(1) any trends or summaries from the surveys; ‘‘(2) the posts where corrective action was rec- ommended or taken in response to any issues identi- fied by the surveys; and ‘‘(3) the number of referrals to the Inspector Gen- eral of the Department of State and the Foreign Service, as applicable. ‘‘(g) INITIAL BASIS.—The surveys and reports required under this section shall be carried out on an initial basis for the 5-year period beginning on the date of the enactment of this Act.’’ THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF STATION (PCS) ORDERS Pub. L. 117–263, div. I, title XCII, § 9214, Dec. 23, 2022, 136 Stat. 3875, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary [of State] shall establish a mecha- nism for third parties to verify the employment of, and the validity of permanent change of station (PCS) or- ders received by, members of the Foreign Service, in a manner that protects the safety, security, and privacy of sensitive employee information.’’ § 3922. Utilization of Foreign Service personnel system by other agencies (a)(1) The Broadcasting Board of Governors and the Administrator of the Agency for Inter- national Development may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this chapter. (2) The Secretary of Agriculture may utilize the Foreign Service personnel system in accord- ance with this chapter— (A) with respect to personnel of the Foreign Agricultural Service, and 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,