22 USC CHAPTER 52, SUBCHAPTER VII: CAREER DEVELOPMENT, TRAINING, AND ORIENTATION
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22 USC CHAPTER 52, SUBCHAPTER VII: CAREER DEVELOPMENT, TRAINING, AND ORIENTATION
From Title 22—FOREIGN RELATIONS AND INTERCOURSECHAPTER 52—FOREIGN SERVICE

SUBCHAPTER VII—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

§4021. Institution for training

(a) Institution or center for training

The Secretary of State shall maintain and operate an institution or center for training (hereinafter in this subchapter referred to as the "institution"), originally established under section 701 of the Foreign Service Act of 1946, in order to promote career development within the Service and to provide necessary training and instruction in the field of foreign relations to members of the Service and to employees of the Department and of other agencies. The institution shall be headed by a Director, who shall be appointed by the Secretary of State. The institution shall be designated the "George P. Shultz National Foreign Affairs Training Center" 1

(b) Provision of training

To the extent practicable, the Secretary of State shall provide training under this subchapter which meets the needs of all agencies, and other agencies shall avoid duplicating the facilities and training provided by the Secretary of State through the institution and otherwise.

(c) Training and instruction to citizens of Trust Territory of the Pacific Islands

Training and instruction may be provided at the Institute 2 for not to exceed sixty citizens of the Trust Territory of the Pacific Islands in order to prepare them to serve as members of the foreign services of the Federated States of Micronesia, the Marshall Islands, and Palau. The authority of this subsection shall expire when the Compact of Free Association is approved by the Congress.

(d) Training and instruction of employees of foreign governments

(1) The Secretary of State is authorized to provide for special professional foreign affairs training and instruction of employees of foreign governments through the institution.

(2) Training and instruction under paragraph (1) shall be on a reimbursable or advance-of-funds basis. Such reimbursements or advances to the Department of State may be provided by an agency of the United States Government or by a foreign government and shall be credited to the currently available applicable appropriation account.

(3) In making such training available to employees of foreign governments, priority consideration should be given to officials of newly emerging democratic nations and then to such other countries as the Secretary determines to be in the national interest of the United States.

(e) Training or services for United States person

(1) The Secretary may provide appropriate training or related services, except foreign language training, through the institution to any United States person (or any employee or family member thereof) that is engaged in business abroad.

(2) The Secretary may provide job-related training or related services, including foreign language training, through the institution to a United States person under contract to provide services to the United States Government or to any employee thereof that is performing such services.

(3) Training under this subsection may be provided only to the extent that space is available and only on a reimbursable or advance-of-funds basis. Reimbursements and advances shall be credited to the currently available applicable appropriation account.

(4) Training and related services under this subsection is authorized only to the extent that it will not interfere with the institution's primary mission of training employees of the Department and of other agencies in the field of foreign relations.

(5) In this subsection, the term "United States person" means—

(A) any individual who is a citizen or national of the United States; or

(B) any corporation, company, partnership, association, or other legal entity that is 50 percent or more beneficially owned by citizens or nationals of the United States.

(f) Programs for Members of Congress or the Judiciary

(1) The Secretary is authorized to provide, on a reimbursable basis, training programs to Members of Congress or the Judiciary.

(2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training programs offered by the institution.

(3) Reimbursements collected under this subsection shall be credited to the currently available applicable appropriation account.

(4) Training under this subsection is authorized only to the extent that it will not interfere with the institution's primary mission of training employees of the Department and of other agencies in the field of foreign relations.

(g) Applicability of section 4024 of this title

The authorities of section 4024 of this title shall apply to training and instruction provided under this section.

(Pub. L. 96–465, title I, §701, Oct. 17, 1980, 94 Stat. 2099; Pub. L. 98–164, title I, §126, Nov. 22, 1983, 97 Stat. 1026; Pub. L. 103–236, title I, §126(2), (3), Apr. 30, 1994, 108 Stat. 393, 394; Pub. L. 103–415, §1(y), Oct. 25, 1994, 108 Stat. 4302; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2205(a)(1), (3), Oct. 21, 1998, 112 Stat. 2681–808, 2681-809; Pub. L. 107–132, §1(a), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 107–228, div. A, title III, §318(2), Sept. 30, 2002, 116 Stat. 1379.)


Editorial Notes

References in Text

Section 701 of the Foreign Service Act of 1946, referred to in subsec. (a), which was classified to section 1041 of this title, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.

Amendments

2002—Subsec. (a). Pub. L. 107–132 inserted at end "The institution shall be designated the 'George P. Shultz National Foreign Affairs Training Center' ".

Subsecs. (d)(4) to (g). Pub. L. 107–228 repealed Pub. L. 105–277, §2205(a)(3). See 1998 Amendment notes below.

1998—Subsec. (d)(4). Pub. L. 105–277, §2205(a)(3)(B), which directed the redesignation of subsec. (g) as (d)(4), effective Oct. 1, 2002, was repealed by Pub. L. 107–228, effective Sept. 30, 2002.

Pub. L. 105–277, §2205(a)(1)(A), redesignated subsec. (d)(4) as (g).

Subsecs. (e), (f). Pub. L. 105–277, §2205(a)(3)(A), which directed the striking out of subsecs. (e) and (f), effective Oct. 1, 2002, was repealed by Pub. L. 107–228, effective Sept. 30, 2002.

Pub. L. 105–277, §2205(a)(1)(B), added subsecs. (e) and (f).

Subsec. (g). Pub. L. 105–277, §2205(a)(3)(B), which directed the redesignation of subsec. (g) as (d)(4), effective Oct. 1, 2002, was repealed by Pub. L. 107–228, effective Sept. 30, 2002.

Pub. L. 105–277, §2205(a)(1)(A), redesignated subsec. (d)(4) as (g).

1994Pub. L. 103–415 made technical amendment relating to style of section catchline.

Pub. L. 103–236, §126(2)(A), substituted "Institution for training" for "Foreign Service Institute" as section catchline.

Subsec. (a). Pub. L. 103–236, §126(2)(B), inserted heading, substituted "an institution or center for training (hereinafter in this subchapter referred to as the 'institution')" for "the Foreign Service Institute (hereinafter in this subchapter referred to as the 'Institute'),", and substituted "institution shall" for "Institute shall".

Subsec. (b). Pub. L. 103–236, §126(3), substituted "institution" for "Institute".

Subsec. (d). Pub. L. 103–236, §126(2)(C), added subsec. (d).

1983—Subsec. (c). Pub. L. 98–164 added subsec. (c).


Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 107–132, §1(b), Jan. 16, 2002, 115 Stat. 2412, provided that: "Any reference in any provision of law to the National Foreign Affairs Training Center or the Foreign Service Institute shall be considered to be a reference to the 'George P. Shultz National Foreign Affairs Training Center'."

Effective Date of 1998 Amendment

Pub. L. 105–277, div. G, subdiv. B, title XXII, §2205(a)(2), Oct. 21, 1998, 112 Stat. 2681–809, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 1998."

Pub. L. 105–277, div. G, subdiv. B, title XXII, §2205(a)(3), Oct. 21, 1998, 112 Stat. 2681–809, which provided that the amendment made by section 2205(a)(3) was effective Oct. 1, 2002, was repealed by Pub. L. 107–228, div. A, title III, §318(2), Sept. 30, 2002, 116 Stat. 1379.

Designation of Foreign Language Resources Coordinator

Pub. L. 103–236, title I, §192, Apr. 30, 1994, 108 Stat. 419, provided that:

"(a) Policy.—It is the sense of the Congress that—

"(1) the Department of State, by virtue of the Secretary's overall responsibility under section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 4011(a) [22 U.S.C. 4021(a)]) for training and instruction in the field of foreign relations to meet the needs of all Federal agencies, should take the lead in this interagency effort; and

"(2) in order to promote efficiency and quality in the training provided by the Secretary of State and other Federal agencies, the Secretary should call upon other agencies to share in the joint management and coordination of Federal foreign language resources.

"(b) Foreign Language Resources Coordinator.—

"(1) The Secretary of State should appoint a Foreign Language Resources Coordinator (in this subsection referred to as the 'Coordinator') who shall be responsible—

"(A) for coordinating the efforts of the appropriate agencies of Government—

"(i) to strengthen mechanisms for sharing of foreign language resources; and

"(ii) to identify Federal foreign language resource requirements in the areas of diplomacy, military preparedness, international security, and other foreign policy objectives; and

"(B) for making recommendations to the Secretary of State as to which Federal foreign language assets, if any, should be made available to the private sector in support of national global economic competitiveness goals.

"(2) All appropriate United States Government agencies maintaining and utilizing Federal foreign language training and related resources shall cooperate fully with any Coordinator."

Foreign Service Institute Facilities

Pub. L. 99–93, title I, §123, Aug. 16, 1985, 99 Stat. 413, as amended by Pub. L. 100–204, title I, §135, Dec. 22, 1987, 101 Stat. 1345; Pub. L. 102–138, title I, §124, Oct. 28, 1991, 105 Stat. 659; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2219(a)(3), Oct. 21, 1998, 112 Stat. 2681–817, provided that:

"(a) Purpose.—The purpose of this section is to promote comprehensive training to meet the foreign relations and national security objectives of the United States and to provide facilities designed for that purpose to assure cost efficient training.

"(b) Construction of Training Facilities.—The Administrator of General Services may construct a consolidated training facility for the Foreign Service Institute on a site made available by the Secretary of State or acquired by the Administrator of General Services. Such site shall be located outside the District of Columbia but within reasonable proximity to the Department of State. The Administrator of General Services may carry out this subsection only to the extent that funds are provided in advance in appropriation Acts to the Department of State and are transferred to the Administrator of General Services for carrying out this section.

"(c) Use of Funds.—(1)(A) Of amounts authorized to be appropriated to the Department of State for fiscal years 1986 and 1987 for 'Administration of Foreign Affairs' by section 101(1) [Pub. L. 99–93, §101(1), which is not classified to the Code], a total of not to exceed $11,000,000 may be transferred by the Secretary of State to the Administrator of General Services for carrying out feasibility studies, site acquisition, and design, architectural, and engineering planning under subsection (b) of this section.

"(B) Of the amounts authorized to be appropriated to the Department of State for fiscal years beginning after September 30, 1987, the Secretary of State may transfer a total not to exceed $11,000,000 for 'Administration of Foreign Affairs' to the Administrator of General Services for carrying out feasibility studies, site preparation, and design, architectural, and engineering planning under subsection (b).

"(2) Of amounts authorized to be appropriated to the Department of State for fiscal years beginning after September 30, 1987, for 'Administration of Foreign Affairs', a total not to exceed $70,000,000 may be transferred by the Secretary of State to the Administrator of General Services for carrying out construction under subsection (b) of this section.

"(3) Funds may not be obligated for construction of a facility under this section before the end of the period of 30 days of continuous session of Congress beginning on the date on which plans and estimates developed to carry out this section are submitted to the Committees on Foreign Affairs and Public Works and Transportation of the House of Representatives and the Committees on Foreign Relations and Environment and Public Works of the Senate. In determining days of continuous session of Congress for purposes of this paragraph—

"(A) continuity of session is broken only by an adjournment of Congress sine die; and

"(B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the determination.

If both Houses of Congress are not in session on the day any plans and estimates are submitted to such committees, such submittal shall be deemed to have been submitted on the first succeeding day on which both Houses are in session. If all such committees do not receive a submittal on the same day, such period shall not begin until the date on which all such committees have received it.

"(d) Jurisdiction and Custody.—The facility constructed under this section and the site of such facility shall be under jurisdiction and in the custody of the Administrator of General Services.

"(e) Operation, Maintenance, Security, Alteration, and Repair.—(1) The Administrator of General Services shall delegate, in accordance with section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486) [see 40 U.S.C. 121 and Historical and Revision notes thereunder] and section 15 of the Public Buildings Act of 1959 (40 U.S.C. 614) [now 40 U.S.C. 3315], to the Secretary of State responsibility for the operation, maintenance, and security of and alterations and repairs to the facility constructed pursuant to this section, provided the facility is used by the Secretary for the purposes authorized by this section.

"[(2) Repealed. Pub. L. 105–277, div. G, subdiv. B, title XXII, §2219(a)(3), Oct. 21, 1998, 112 Stat. 2681–817.]

"(f) Exemption From Payment of Charges.—(1) Except as provided in paragraph (2), the Department of State shall be exempt from the charges required by section 210(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(j)) [now 40 U.S.C. 586(a), (b)] for the use of the facility constructed under this section for the Foreign Service Institute.

"(2) The Administrator of General Services shall charge the Department of State under such section 210(j) for the costs of any operation, maintenance, repairs, or alterations of such facility carried out by the Administrator of General Services."

Language Training for Family Members of Foreign Service Personnel

Pub. L. 95–105, title IV, §414, Aug. 17, 1977, 91 Stat. 857, as amended by Pub. L. 97–241, title V, §505(a)(3), (b)(1), Aug. 24, 1982, 96 Stat. 299, provided that: "It is the sense of Congress that, in order to increase the effectiveness of United States diplomatic representation abroad, the Secretary of State should make greater use of his authority under section 701 of the Foreign Service Act of 1946 [former section 1041 of this title] in order to increase the language training opportunities available to the family members of Foreign Service personnel."


Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

1 So in original. Probably should be followed by a period.

2 So in original. Probably should be "institution".

§4022. Foreign language requirements

(a) In general

The Secretary shall establish foreign language proficiency requirements for members of the Service who are to be assigned abroad in order that Foreign Service posts abroad will be staffed by individuals having a useful knowledge of the language or dialect common to the country in which the post is located.

(b) Training

The Secretary of State shall arrange for appropriate language training of members of the Service by the institution or otherwise in order to assist in meeting the requirements established under subsection (a).

(Pub. L. 96–465, title I, §702, Oct. 17, 1980, 94 Stat. 2099; Pub. L. 103–236, title I, §126(3), Apr. 30, 1994, 108 Stat. 394; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §208(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-422; Pub. L. 107–228, div. A, title III, §327, Sept. 30, 2002, 116 Stat. 1387; Pub. L. 117–81, div. E, title LI, §5114(b)(3), Dec. 27, 2021, 135 Stat. 2352.)


Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 117–81 struck out subsec. (c) which read as follows: "Not later than January 31 of each year, the Director General of the Foreign Service shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives summarizing the number of positions in each overseas mission requiring foreign language competence that—

"(1) became vacant during the previous fiscal year; and

"(2) were filled by individuals having the required foreign language competence."

2002—Subsec. (c). Pub. L. 107–228 substituted "January 31" for "March 31" in introductory provisions and "fiscal year" for "calendar year" in par. (1).

1999—Subsec. (c). Pub. L. 106–113 added subsec. (c).

1994—Subsec. (b). Pub. L. 103–236 substituted "institution" for "Institute".


Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§4023. Career development program

(a) Establishment; primary attention and emphasis

The Secretary shall establish a professional development program to assure that members of the Service obtain the skills and knowledge required at the various stages of their careers. With regard to Foreign Service officers, primary attention shall be given to training for career candidate officers and for midcareer officers, both after achieving tenure and as they approach eligibility for entry to the Senior Foreign Service, to enhance and broaden their qualifications for more senior levels of responsibility in the Service. Training for other members of the Service shall emphasize programs designed to enhance their particular skills and expert knowledge, including development of the management skills appropriate to their occupational categories.

(b) Primary direction for Junior Foreign Service officer training and midcareer training

Junior Foreign Service officer training shall be directed primarily toward providing expert knowledge in the basic functions of analysis and reporting as well as in consular, administrative, and linguistic skills relevant to the full range of future job assignments. Midcareer training shall be directed primarily toward development and perfection of management, functional, negotiating, and policy development skills to prepare the officers progressively for more senior levels of responsibility.

(c) Purpose; completion of training as condition for placement or appointment

At each stage the program of professional development should be designed to provide members of the Service with the opportunity to acquire skills and knowledge relevant to clearly established professional standards of expected performance. Career candidates should satisfactorily complete candidate training prior to attainment of career status. Members of the Service should satisfactorily complete midcareer training before appointment to the Senior Foreign Service.

(d) University degree credit

In formulating programs under this section, the Secretary should establish a system to provide, insofar as possible, credit toward university degrees for successful completion of courses comparable to graduate-level, university courses.

(e) Institutions conducting training

Training provided under this section shall be conducted by the Department and by other governmental and nongovernmental institutions as the Secretary may consider appropriate.

(Pub. L. 96–465, title I, §703, Oct. 17, 1980, 94 Stat. 2100; Pub. L. 100–204, title I, §185(c)(1), Dec. 22, 1987, 101 Stat. 1366.)


Editorial Notes

Amendments

1987—Subsec. (f). Pub. L. 100–204 struck out subsec. (f) which related to report to Congress and President.


Statutory Notes and Related Subsidiaries

Professional Development

Pub. L. 117–263, div. I, title XCII, §9211, Dec. 23, 2022, 136 Stat. 3874, provided that:

"(a) Requirements.—The Secretary [of State] shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c).

"(b) Requirements.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service.

"(c) Professional Development Described.—Professional development described in this subsection is not less than 6 months of training or experience outside of the Department [of State], including time spent—

"(1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; or

"(2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government.

"(d) Promotion Precepts.—The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments as described in this section."

§4024. Functions of Secretary

(a) Nature and correlation of training and instruction; encouragement of complementary programs; employment of personnel; acquisition of property and equipment

In the exercise of functions under this subchapter, the Secretary of State may—

(1) provide for the general nature of the training and instruction to be furnished by the institution, including functional and geographic area specializations;

(2) correlate training and instruction furnished by the institution with courses given at other Government institutions and at private institutions which furnish training and instruction useful in the field of foreign affairs;

(3) encourage and foster programs complementary to those furnished by the institution, including through grants and other gratuitous assistance to nonprofit institutions cooperating in any of the programs under this subchapter;

(4)(A) employ in accordance with the civil service laws such personnel as may be necessary to carry out the provisions of this subchapter, and

(B) if and to the extent determined to be necessary by the Secretary of State, obtain without regard to the provisions of law governing appointments in the competitive service, by appointment or contract (subject to the availability of appropriations), the services of individuals to serve as education and training specialists, including language instructors and linguists, and other specialists who perform work directly relating to the design, delivery, oversight, or coordination of training delivered by the institution (including, in the absence of suitably qualified United States citizens, qualified individuals who are not citizens of the United States); and

(5) acquire such real and personal property and equipment as may be necessary for the establishment, maintenance, and operation of the facilities necessary to carry out the provisions of this subchapter without regard to sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41.

(b) Payment of salary, tuition, and other expenses; special monetary or other incentives

In furtherance of the objectives of this chapter, the Secretary may—

(1) pay the tuition and other expenses of members of the Service and employees of the Department who are assigned or detailed in accordance with law for special instruction or training, including orientation, language, and career development training;

(2) pay the salary (excluding premium pay or any special differential under section 3972 of this title) of members of the Service selected and assigned for training; and

(3) provide special monetary or other incentives to encourage members of the Service to acquire or retain proficiency in foreign languages or special abilities needed in the Service.

(c) Orientation and training for family members

The Secretary may provide to family members of members of the Service or of employees of the Department or other agencies, in anticipation of their assignment abroad or while abroad—

(1) appropriate orientation and language training; and

(2) functional training for anticipated prospective employment under section 3951 of this title.

(d) Training and certification for employees performing consular functions

(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall—

(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and

(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function.


(2) As used in this subsection, the term "consular function" includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.

(Pub. L. 96–465, title I, §704, Oct. 17, 1980, 94 Stat. 2100; Pub. L. 97–241, title I, §125(1), Aug. 24, 1982, 96 Stat. 281; Pub. L. 103–236, title I, §126(3), Apr. 30, 1994, 108 Stat. 394; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2222(f), Oct. 21, 1998, 112 Stat. 2681–819; Pub. L. 114–323, title IV, §407, Dec. 16, 2016, 130 Stat. 1930.)


Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 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.

Codification

In subsec. (a)(5), "sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) and section 302 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2016—Subsec. (a)(4)(B). Pub. L. 114–323 substituted "education and training specialists, including language instructors and linguists, and other specialists who perform work directly relating to the design, delivery, oversight, or coordination of training delivered by the institution" for "language instructors, linguists, and other academic and training specialists".

1998—Subsec. (d). Pub. L. 105–277 added subsec. (d).

1994—Subsec. (a)(1) to (3). Pub. L. 103–236 substituted "institution" for "Institute".

1982—Subsec. (b)(2). Pub. L. 97–241 substituted "section 3972 of this title" for "section 3971 of this title".

§4025. Training grants

(a) Family members attending approved programs of study; limitations

To facilitate training provided to members of families of Government employees under this subchapter, the Secretary may make grants (by advance payment or by reimbursement) to family members attending approved programs of study. No such grant may exceed the amount actually expended for necessary costs incurred in conjunction with such attendance.

(b) Compensation for individuals unable to participate in language training furnished by Government

If a member of the Service who is assigned abroad, or a member of his or her family, is unable to participate in language training furnished by the Government through the institution or otherwise, the Secretary may compensate that individual for all or part of the costs of language training, related to the assignment abroad, which is undertaken at a public or private institution.

(Pub. L. 96–465, title I, §705, Oct. 17, 1980, 94 Stat. 2101; Pub. L. 103–236, title I, §126(3), Apr. 30, 1994, 108 Stat. 394.)


Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–236 substituted "institution" for "Institute" after "through the".

§4026. Career counseling

(a) Facilitation of transition from Service

In order to facilitate their transition from the Service, the Secretary may provide (by contract or otherwise, subject to the availability of appropriations) professional career counseling, advice, and placement assistance to members of the Service, and to former members of the Service who were assigned to receive counseling and assistance under this subsection before they were separated from the Service, other than those separated for cause. Career counseling and related services provided pursuant to this chapter shall not be construed to permit an assignment that consists primarily of paid time to conduct a job search and without other substantive duties for more than one month.

(b) Facilitation of employment of spouses of members; establishment of family liaison office

(1) The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include—

(A) providing regular career counseling for such spouses;

(B) maintaining a centralized system for cataloging their skills and the various governmental and nongovernmental employment opportunities available to them; and

(D) 1 otherwise assisting them in obtaining employment.


(2) The Secretary may prescribe regulations—

(A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E), if —

(i) the eligible family member is among persons determined to be best qualified for the position; and

(ii) the position is located in the overseas country of assignment of their sponsoring employee;


(B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and

(C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee.


(3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible.

(4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members.

(5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment.

(6) The Secretary shall establish a family liaison office to carry out this subsection and such other functions as the Secretary may determine.

(7) In this subsection, the term "eligible family member" refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 3902, 3922, 3943, and 3951 of this title.

(Pub. L. 96–465, title I, §706, Oct. 17, 1980, 94 Stat. 2101; Pub. L. 105–277, div. G, subdiv. B, title XXIII, §2314(a), Oct. 21, 1998, 112 Stat. 2681–827; Pub. L. 117–81, div. F, title LXII, §6203, Dec. 27, 2021, 135 Stat. 2389.)


Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81, §6203(1)(A), which directed substitution of "The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include—" for "The Secretary may facilitate the employment of spouses of members of the Foreign Service by—" in introductory provisions, was executed by making the substitution for "The Secretary may facilitate the employment of spouses of members of the Service by—", to reflect the probable intent of Congress.

Subsec. (b)(1)(C). Pub. L. 117–81, §6203(1)(C), which directed amendment of subpar. (C) to read as follows: "establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10 and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784;", could not be executed because of the prior redesignation of subpar. (C) as (D) by Pub. L. 117–81, §6203(1)(B). See below.

Subsec. (b)(1)(D). Pub. L. 117–81, §6203(1)(B), redesignated subpar. (C) as (D).

Subsec. (b)(2) to (5). Pub. L. 117–81, §6203(3), added pars. (2) to (5). Former par. (2) redesignated (6).

Subsec. (b)(6). Pub. L. 117–81, §6203(2), redesignated par. (2) as (6).

Subsec. (b)(7). Pub. L. 117–81, §6203(4), added par. (7).

1998—Subsec. (a). Pub. L. 105–277 inserted at end "Career counseling and related services provided pursuant to this chapter shall not be construed to permit an assignment that consists primarily of paid time to conduct a job search and without other substantive duties for more than one month."


Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–277, div. G, subdiv. B, title XXIII, §2314(b), Oct. 21, 1998, 112 Stat. 2681–828, provided that: "The amendment made by subsection (a) [amending this section] shall be effective 180 days after the date of the enactment of this Act [Oct. 21, 1998]."

Authority of Secretary of State

Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.

1 So in original. There is no subpar. (C).

§4027. Visiting Scholars Program

(a) Establishment of program

There is authorized to be established at the institution a program whereby selected scholars would participate fully in the educational and training activities of the institution. This program may be referred to as the "Visiting Scholars Program".

(b) Selection and appointment of scholars

(1) Scholars participating in the Visiting Scholars Program shall be selected by a five-member board described in subsection (c).

(2) Each visiting scholar shall serve a term of one year, except that such term may be extended for one additional one-year period.

(c) Establishment of selection board

The board referred to in subsection (b) shall be composed of the Director of the institution, who shall serve as chairperson, and four other members appointed by the Secretary of State.

(Pub. L. 96–465, title I, §707, as added Pub. L. 101–246, title I, §144(a), Feb. 16, 1990, 104 Stat. 36; amended Pub. L. 103–236, title I, §126(3), Apr. 30, 1994, 108 Stat. 394.)


Editorial Notes

Amendments

1994—Subsecs. (a), (c). Pub. L. 103–236 substituted "institution" for "Foreign Service Institute" and "Institute" in subsec. (a) and "institution" for "Foreign Service Institute" in subsec. (c).

§4028. Training for Foreign Service officers

(a) Human rights, religious freedom, and human trafficking training

(1) In general

The Secretary of State, with the assistance of other relevant officials, such as the Ambassador at Large for International Religious Freedom appointed under section 6411(b) of this title, the Director of the Office to Monitor and Combat Trafficking, and the director of the George P. Shultz National Foreign Affairs Training Center, shall establish as part of the standard training provided after January 1, 1999, for officers of the Service, including chiefs of mission, instruction in the field of internationally recognized human rights. Such training shall include—

(A) instruction on international documents and United States policy in human rights, which shall be mandatory for all members of the Service having reporting responsibilities relating to human rights and for chiefs of mission;

(B) instruction on the internationally recognized right to freedom of religion, the nature, activities, and beliefs of different religions, and the various aspects and manifestations of violations of religious freedom;

(C) instruction on international documents and United States policy on trafficking in persons, including provisions of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386; 22 U.S.C. 7101 et seq.) which may affect the United States bilateral relationships; and

(D) for Foreign Service Officers who will be assigned to a country experiencing or at risk of mass atrocities, as determined by the Secretary of State, in consultation with the Director of National Intelligence and relevant civil society organizations, instruction on recognizing patterns of escalation and early warning signs of potential atrocities, and methods of preventing and responding to atrocities, including conflict assessment methods, peacebuilding, mediation for prevention, early action and response, and appropriate transitional justice measures to address atrocities.

(2) Religious freedom training

(A) In general

In carrying out the training required under paragraph (1)(B), the Director of the George P. Shultz National Foreign Affairs Training Center shall, not later than the one year after December 16, 2016, conduct training on religious freedom for all Foreign Service officers, including all entry level officers, all officers prior to departure for posting outside the United States, and all outgoing deputy chiefs of mission and ambassadors. Such training shall be included in—

(i) the A–100 course attended by all Foreign Service officers;

(ii) the courses required of every Foreign Service officer prior to a posting outside the United States, with segments tailored to the particular religious demography, religious freedom conditions, and United States strategies for advancing religious freedom, in each receiving country; and

(iii) the courses required of all outgoing deputy chiefs of mission and ambassadors.

(B) Development of curriculum

In carrying out the training required under paragraph (1)(B), the Ambassador at Large for International Religious Freedom, in coordination with the Director of the George P. Shultz National Foreign Affairs Training Center and other Federal officials, as appropriate, and in consultation with the United States Commission on International Religious Freedom established under section 6431(a) of this title, shall make recommendations to the Secretary of State regarding a curriculum for the training of United States Foreign Service officers under paragraph (1)(B) on the scope and strategic value of international religious freedom, how violations of international religious freedom harm fundamental United States interests, how the advancement of international religious freedom can advance such interests, how United States international religious freedom policy should be carried out in practice by United States diplomats and other Foreign Service officers, and the relevance and relationship of international religious freedom to United States defense, diplomacy, development, and public affairs efforts. The Secretary of State should ensure the availability of sufficient resources to develop and implement such curriculum.

(C) Information sharing

The curriculum and training materials developed under this paragraph shall be shared with the United States Armed Forces and other Federal departments and agencies with personnel who are stationed overseas, as appropriate, to provide training on—

(i) United States religious freedom policies;

(ii) religious traditions;

(iii) religious engagement strategies;

(iv) religious and cultural issues; and

(v) efforts to counter violent religious extremism.

(b) Refugees

The Secretary of State shall provide sessions on refugee law and adjudications and on religious persecution to each individual seeking a commission as a United States consular officer. The Secretary shall also ensure that any member of the Service who is assigned to a position that may be called upon to assess requests for consideration for refugee admissions, including any consular officer, has completed training on refugee law and refugee adjudications in addition to the training required in this section.

(c) Child soldiers

The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided for chiefs of mission, deputy chiefs of mission, and other officers of the Service who are or will be involved in the assessment of child soldier use or the drafting of the annual Human Rights Report instruction on matters related to child soldiers, and the substance of the Child Soldiers Prevention Act of 2008.

(d) Economic and commercial diplomacy

The Secretary of State, with the assistance of other relevant officials and the private sector, shall establish as part of the standard training provided for economic and commercial officers of the Foreign Service, chiefs of mission, and deputy chiefs of mission, training on matters related to economic and commercial diplomacy, with particular attention to market access and other elements of an enabling framework for United States businesses, commercial advocacy, and United States foreign economic policy, in addition to awareness about the support of the United States Government available to United States businesses, including support provided by the Department of Agriculture, the Department of Commerce, the Export-Import Bank of the United States, the Millennium Challenge Corporation, the Trade and Development Agency, the Department of the Treasury, the United States Agency for International Development, and the United States International Development Finance Corporation.

(e) Training in multilateral diplomacy

(1) In general

The Secretary, in consultation with other senior officials as appropriate, shall establish training courses on—

(A) the conduct of diplomacy at international organizations and other multilateral institutions; and

(B) broad-based multilateral negotiations of international instruments.

(2) Required training

Members of the Service, including appropriate chiefs of mission and other officers who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in other positions that have as their primary responsibility formulation of policy related to such organizations and institutions, or participation in negotiations of international instruments, shall receive specialized training in the areas described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.

(Pub. L. 96–465, title I, §708, as added and amended Pub. L. 105–292, title I, §104, title VI, §602(b), Oct. 27, 1998, 112 Stat. 2795, 2812; Pub. L. 107–132, §2(b), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 109–164, title I, §104(d), Jan. 10, 2006, 119 Stat. 3565; Pub. L. 110–457, title IV, §406, Dec. 23, 2008, 122 Stat. 5091; Pub. L. 114–281, title I, §103(a), Dec. 16, 2016, 130 Stat. 1430; Pub. L. 115–441, §4, Jan. 14, 2019, 132 Stat. 5587; Pub. L. 116–94, div. J, title VII, §705, Dec. 20, 2019, 133 Stat. 3071; Pub. L. 118–31, div. F, title LXVII, §6702(a), Dec. 22, 2023, 137 Stat. 1015.)


Editorial Notes

References in Text

The Trafficking Victims Protection Act of 2000, referred to in subsec. (a)(1)(C), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.

The Child Soldiers Prevention Act of 2008, referred to in subsec. (c), is title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2151 of this title and Tables.

Amendments

2023—Subsec. (e). Pub. L. 118–31 added subsec. (e).

2019—Subsec. (a)(1)(D). Pub. L. 115–441 added subpar. (D).

Subsec. (d). Pub. L. 116–94 added subsec. (d).

2016—Subsec. (a). Pub. L. 114–281, §103(a)(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).

Subsecs. (b), (c). Pub. L. 114–281, §103(a)(2), (3), inserted headings.

2008—Subsec. (c). Pub. L. 110–457 added subsec. (c).

2006—Subsec. (a). Pub. L. 109–164 inserted ", the Director of the Office to Monitor and Combat Trafficking," after "section 6411(b) of this title" in introductory provisions and added par. (3).

2002—Subsec. (a). Pub. L. 107–132 inserted "George P. Shultz" after "director of the" in introductory provisions.

1998Pub. L. 105–292, §602(b), designated existing provisions as subsec. (a) and added subsec. (b).


Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–457 effective 180 days after Dec. 23, 2008, see section 407 of Pub. L. 110–457, set out as an Effective Date note under section 2370c of this title.

Economic and Commercial Diplomacy Training

Pub. L. 118–47, div. F, title VII, §7028(b), Mar. 23, 2024, 138 Stat. 778, provided that: "In carrying out section 705 of title VII of division J of Public Law 116–94 [amending this section], the Secretary of State shall annually assess training needs across the economic and commercial diplomacy issue areas and ensure, after a review of course offerings, course attendance records, and course evaluation results, that current offerings meet training needs."

Training for Department Employees

Pub. L. 118–31, div. F, title LXVII, §6702(b), Dec. 22, 2023, 137 Stat. 1015, provided that: "The Secretary of State shall ensure that employees of the Department of State who are assigned to positions described in paragraph (2) of subsection (e) of section 708 of the Foreign Service Act of 1980 [22 U.S.C. 4028(e)(2)] (as added by subsection (a) of this section), including members of the civil service or general service, or who are seconded to international organizations for a period of at least one year, receive training described in such subsection and participate in other such courses as the Secretary may recommend to build or augment identifiable skills that would be useful for such Department officials representing United States interests at these institutions and organizations."

§4029. Increased training in multilateral diplomacy

(1) Statement of policy

It shall be the policy of the United States that training courses should be established for Foreign Service Officers and civil service employees of the State Department, including appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of negotiations at international organizations and multilateral institutions, negotiating skills that are required at multilateral settings, coalition-building techniques, and lessons learned from previous United States multilateral negotiations.

(2) Personnel

(A) In general

The Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the Service.

(B) Actions of the Secretary

The Secretary shall ensure that—

(i) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry into the Service; and

(ii) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy toward such organizations and institutions or toward participation in broad-based multilateral negotiations of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.

(3) Training for civil service employees

The Secretary shall ensure that employees of the Department of State who are members of the civil service and who are assigned to positions described in paragraph (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at such time is not practical, within the first year of beginning such assignment.

(Pub. L. 108–458, title VII, §7111(c), Dec. 17, 2004, 118 Stat. 3795.)


Editorial Notes

Codification

Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Foreign Service Act of 1980 which comprises this chapter.

§4030. Suitability reviews for Foreign Service Institute instructors

The Secretary shall take reasonable steps to ensure that all instructors at the Foreign Service Institute, including direct hires and contractors, who provide language instruction are—

(1) subject to suitability reviews and background investigations; and

(2) subject to periodic background checks or reinvestigations to the extent consistent with Department and Executive policy for other Department personnel.

(Pub. L. 118–31, div. F, title LXI, §6116, Dec. 22, 2023, 137 Stat. 970.)


Editorial Notes

Codification

Section was enacted as part of the Department of State Authorization Act of 2023, and also as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Foreign Service Act of 1980 which comprises this chapter.


Statutory Notes and Related Subsidiaries

Definitions

For definitions of "Secretary" and "Department" as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title.