114 HR 6054 IH: Represent America Abroad Act of 2023
U.S. House of Representatives
2023-10-25
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EN
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I
118th CONGRESS
1st Session
H. R. 6054
IN THE HOUSE OF REPRESENTATIVES
October 25, 2023
Ms. Kamlager-Dove (for herself, Mr. Lieu, Mr. Torres of New York, Mr. Castro of Texas, Mr. Kim of New Jersey, Mr. Connolly, Ms. Titus, Ms. Omar, Mr. Johnson of Georgia, Mr. Cohen, Mr. Khanna, Ms. Lee of California, Mr. Vargas, Mr. Veasey, Ms. Kelly of Illinois, Mr. Takano, Ms. Norton, Ms. Adams, Mr. Pocan, Mr. Schiff, Ms. Brownley, Mr. Blumenauer, Mr. Trone, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To ensure that the United States diplomatic workforce at all levels reflects the diverse composition of the United States, and for other purposes.
1.

Short title
This Act may be cited as the “Represent America Abroad Act of 2023”.
2.

Findings
Congress finds the following:
(1)
The Department of State and the United States Agency for International Development (USAID) must continue to invest in policies to recruit, retain, and develop the best and brightest from the full spectrum of American society in order to be better positioned to advance United States interests abroad.
(2)
Foreign Service officers are America’s face to the world and in order to effectively advance American values on the world stage should represent the United States commitment to inclusion and diversity.
(3)
The Department of State and USAID must embrace policies that recruit professionals from the broadest possible pool of talent and retain them in order to have a Foreign Service that is the most effective and truly reflects the diversity of the United States.
(4)
February and June 2020 reports by the Government Accountability Office found barriers to a diverse and inclusive workforce within the ranks of the Foreign Service, especially at the mid-career and senior levels. Individuals who are racial or ethnic minorities comprise only 24 percent at the Department of State and 27 percent at USAID. At the executive level, individuals who are racial or ethnic minorities comprise only 13 percent at the Department of State and 17 percent at USAID. This means that the leadership is the least diverse level within the Foreign Service.
(5)
In the past, Secretaries of State have acknowledged the lack of workforce diversity and pledged to take concrete steps to address the problem. In 2017, then-Secretary of State Rex Tillerson recognized a great diversity gap in the Department of State and former Secretary of State John Kerry noted that in order to represent the United States, the Department of State must have a workforce that reflects the rich composition of its citizenry. Yet there has been no concrete plan to address the lack of diversity at the mid-career and senior levels.
(6)
USAID has previously identified under-representation of specific groups in its workforce, but staffing gaps, partly due to a lack of senior leadership attention, prevent the agency from adequately addressing the issue.
3.

Declaration of national interest; statement of policy
(a)

Declaration of national interest
Congress declares that it is in the national interest of the United States to ensure that the members of the United States Foreign Service workforce be representative of the American people.
(b)

Statement of policy
It shall be the policy of the Department of State and of the United States Agency for International Development—
(1)
to strengthen the Foreign Service workforce by bolstering the diversity of those who represent Americans abroad;
(2)
to treat the people of the Foreign Service as its primary asset, and as such, hold as a central tenet making strides in increasing representation at all levels of the Foreign Service workforce to secure the country’s national interests; and
(3)
in accordance with the Foreign Service Act of 1980, to attract highly qualified, mid-career professionals who belong to historically excluded groups, through a pathway program for entry into the Foreign Service.
4.

Modification of lateral entry foreign service program
(a)

Modification of lateral entry foreign service program
Section 404 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323; 130 Stat. 1928) is amended to read as follows:
“404.

Lateral entry into the foreign service
(a)

Sense of congress
It is the sense of Congress that—
(1)
the Foreign Service should permit mid-career entry into the Foreign Service for qualified individuals who are willing to bring their talents and experiences to the work of the Foreign Service; and
(2)
the lateral entry program authorized under this section should be used to address disparities in retention and promotion as identified by barrier analysis and 2020 Government Accountability Office reports, by identifying, attracting, and welcoming into the Foreign Service highly qualified mid-career professionals who belong to historically excluded groups in terms of racial, ethnic, geographic, and gender diversity, and disability status.
(b)

Establishment of program
The Secretary shall establish a pilot program for lateral entry into the Foreign Service by mid-career professionals who belong to historically excluded groups in terms of racial, ethnic, geographic, and gender diversity, and disability status that—
(1)
is in full comportment with current Foreign Service intake procedures, including the requirement to pass the Foreign Service exam;
(2)
requires only one directed assignment in a position appropriate to the grade level of the participant;
(3)
includes, as part of the required initial training, a class or module that specifically prepares participants in the pilot program for life in the Foreign Service, including conveying to such participants essential elements of the practical knowledge that is normally acquired during a Foreign Service officer’s initial assignments;
(4)
includes an annual assessment of the progress of the pilot program by a review board consisting of Department officials with appropriate expertise, including employees of the Foreign Service, in order to evaluate the success of the pilot program; and
(5)
includes recruitment outreach for pilot program participation to—
(A)
diversity officers in the private sector;
(B)
all members of the civil service of the Department and recognized Department affinity groups;
(C)
the civil service of other national security related Federal agencies; and
(D)
professional associations.
(c)

Administration
The pilot program under subsection (b) shall be administered jointly by the Director General of the Foreign Service, the Director of Global Talent Management of the Department of State, and the Chief Human Capital Officer of the Office of Human Capital and Talent Management of the United States Agency for International Development.
(d)

Elements
(1)

Program requirements
The Secretary shall carry out the following with respect to the pilot program under subsection (b):
(A)
Establish and publish eligibility criteria for candidates to participate in the pilot program.
(B)
Carry out countrywide recruitment efforts to attract highly qualified, mid-career professionals from among historically excluded groups, such as at and through the following:
(i)
Community agencies and organizations.
(ii)
Faith-based organizations.
(iii)
Community events.
(iv)
Professional associations.
(v)
Colleges and universities, including historically Black colleges and universities and other minority-serving institutions such as Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, American Indian Tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, Tribal colleges and universities, Predominantly Black Institutions, and Native American-serving, Nontribal institutions.
(vi)
Diplomats in residence.
(vii)
Job fairs.
(viii)
Newspaper/magazines/journals.
(ix)
Radio stations and programs.
(x)
Websites, webcasts, podcasts, and other online channels.
(C)
Include appropriate mentorship and other career development opportunities, such as leadership training, for participants in the pilot program.
(2)

Overall qualifications
In establishing eligibility criteria under paragraph (1)(A), the Secretary shall seek highly qualified individuals who are mid-career professionals from the civil service and private sector belonging to historically excluded groups—
(A)
with diverse work experience, who have capabilities, insights, techniques, and experiences that would serve to enrich the Foreign Service workforce and empower it to perform more effectively;
(B)
with demonstrated knowledge of, experience with, and interest in United States foreign policy and national security and international affairs, including knowledge of the affairs, cultures, and languages of other countries;
(C)
with demonstrable leadership skills and the potential for further growth;
(D)
that demonstrate a track record of collaboration, team-building, and stakeholder management skills;
(E)
with demonstrated capacity for critical thinking and analytical skills, including the ability to synthesize information into clear and concise recommendations;
(F)
with strategic thinking, and ability to solve complex problems;
(G)
with flexibility, adaptability, and determination; and
(H)
who are United States citizens with worldwide service availability and who are able to obtain appropriate security and medical clearances.
(e)

Advancement from program
Candidates who are accepted into the pilot program under subsection (b) in accordance with the qualifications and requirements of this section shall have the opportunity to advance to the Foreign Service oral assessment for potential entry as the appropriate class of mid-level Foreign Service officer in accordance with the candidate’s professional qualifications with a goal of not less than 50 percent of such participants per year being so placed.
(f)

Annual reporting
Not later than 1 year after the date of the enactment of the Represent America Abroad Act of 2023, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the status of the pilot program under subsection (b). Each such report shall include the following information with respect to the previous year:
(1)
The number of accepted and unaccepted applicants to the pilot program, and the number of accepted applicants who began participating in the pilot program, and the number of accepted applicants who began participating in the pilot program.
(2)
Anonymized information on the backgrounds of accepted pilot program applicants and participants with respect to education and prior work experience, ethnicity, and sex.
(3)
The number of pilot program participants who have advanced from the pilot program to a placement in the Foreign Service, disaggregated by education, prior work experience, ethnicity and sex.
(4)
A disaggregation by Foreign Service assignment, cone and post or mission (including identifying whether the post is hard-to-fill) assigned to each pilot program participant who has advanced to a placement in the Foreign Service.
(5)
The grade level at which each pilot program participant who has advanced to a placement in the Foreign Service entered the Foreign Service.
(6)
The structure and operation of the pilot program.
(7)
Attrition rates and retention data with respect to the pilot program, including information on how such data compares to the data reported in the most recent prior submission of such report.
(8)
Information on recruiting efforts for the pilot program, including the resources allocated to outreach, as well as where, how, and when outreach will be carried out.
(9)
Information on efforts to improve the efficacy of the pilot program and promote retention of program participants.
(g)

Longitudinal data
The Secretary shall—
(1)
collect and maintain data on the career progression of each program participant for the length of each participant’s Foreign Service career; and
(2)
make the data described in paragraph (1) available to the appropriate congressional committees upon request.
(h)

Duration
The pilot program under subsection (b) shall be for an initial duration of 3 years, but may be renewed for an additional 5-year period following the end of such initial duration.
(i)

Mid-Career professional defined
In this section, the term mid-career professional means an individual who has the skills and experience to serve as a mid-level Foreign Service officer (class 3, 2, or 1) and who meets any of the following criteria, consistent with the merit-based principles and core precepts set forth in the Foreign Affairs Manual and Handbook and in accordance with applicable requirements of the Foreign Service Act of 1980:
(1)
An individual with at least 8 years of professional experience and a bachelor’s degree from an accredited college or university in selected fields of study representing the needs of the Department of State, including public policy, public administration, international law, international relations, political science, foreign languages, business administration, economics, history, sociology, geography, social or cultural anthropology, statistics, or the humanities.
(2)
An individual with at least 7 years of professional experience and a master’s degree from an accredited college or university in selected fields of study representing the needs of the Department of State, including any field specified in paragraph (1).
(3)
An individual with at least 5 years of professional experience and doctoral degree from an accredited college or university in selected fields of study representing the needs of the Department of State, including any field specified in paragraph (1).”.
(b)

Timing
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall commence the implementation of the pilot program under section 404(b) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323; 130 Stat. 1928), as amended by subsection (a).