USC Subchapter VII

USC Subchapter VII
in effect

22 U.S.C. § 4021 Institution for training

(a) Institution or center for trainingThe 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” 11 So in original. Probably should be followed by a period. (b) Provision of trainingTo 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 IslandsTraining and instruction may be provided at the Institute 22 So in original. Probably should be “institution”. 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 titleThe authorities of section 4024 of this title shall apply to training and instruction provided under this section.

22 U.S.C. § 4021a Matters relating to the Foreign Service Institute

(a) Director line of reportingThe Director of the Foreign Service Institute shall report to the Assistant Secretary for Human Resources for all matters pertaining to the management, execution, and strategy of the training and instruction required by section 4021 of this title. (b) Schools of instructionThe Foreign Service Institute shall consist of at least four schools of instruction, which shall provide instruction consistent with the requirements set forth in this subchapter. The schools of instruction shall be as follows:(1) The School of Professional and Area Studies, which shall provide job-specific orientation, tradecraft, and area studies, as well as new-hire orientation programs. (2) The School of Leadership and Management Studies, which shall provide leadership and crisis management training. (3) The School of Applied Information Technology Studies, which shall provide instruction to ensure information technology professionals have the up-to-date knowledge and skills required to operate and maintain the complex computer and technology systems employed by the Department. (4) The School of Foreign Languages, which shall be responsible for providing language instruction as prescribed by law and at the direction of the Secretary.

22 U.S.C. § 4022 Foreign language requirements

(a) In generalThe 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) TrainingThe 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).

22 U.S.C. § 4023 Career development program

(a) Establishment; primary attention and emphasisThe 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 trainingJunior 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 appointmentAt 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 creditIn 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 trainingTraining provided under this section shall be conducted by the Department and by other governmental and nongovernmental institutions as the Secretary may consider appropriate.

22 U.S.C. § 4024 Functions of Secretary

(a) Nature and correlation of training and instruction; encouragement of complementary programs; employment of personnel; acquisition of property and equipmentIn 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 incentivesIn 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 and reutilize foreign languages or special abilities needed in the Service. (c) Orientation and training for family membersThe 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.

22 U.S.C. § 4025 Training grants

(a) Family members attending approved programs of study; limitationsTo 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 GovernmentIf 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.

22 U.S.C. § 4026 Career counseling

(a) Facilitation of transition from ServiceIn 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) 11 So in original. There is no subpar. (C). 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.

22 U.S.C. § 4027 Visiting Scholars Program

(a) Establishment of programThere 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 boardThe 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.

22 U.S.C. § 4028 Training for Foreign Service officers

(a) Human rights, religious freedom, and human trafficking training(1) In generalThe 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 generalIn 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 curriculumIn 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 sharingThe 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) RefugeesThe 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 soldiersThe 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 diplomacyThe 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 generalThe 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 trainingMembers 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.

22 U.S.C. § 4028a Per diem allowance for newly hired members of the Foreign Service

(a) Per diem allowance(1) In generalExcept as provided in paragraph (2), any newly hired Foreign Service employee who is in initial orientation training, or any other training expected to last less than 6 months in the Washington, D.C. area before transferring to the employee’s first assignment overseas or domestically outside the Washington, D.C. area shall, for the duration of such training, receive a per diem allowance at the levels prescribed under subchapter I of chapter 57 of title 5. (2) Limitation on lodging expensesA newly hired Foreign Service employee may not receive any lodging expenses under the applicable per diem allowance pursuant to paragraph (1) if that employee—(A) has a permanent residence in the Washington, D.C., area (not including government-supplied housing during such orientation training or other training); and (B) does not vacate such residence during such orientation training or other training. (b) DefinitionsIn this section—(1) the term “per diem allowance” has the meaning given such term in section 5701 of title 5; and (2) the term “Washington, D.C., area” means the geographic area within a 50-mile radius of the Washington Monument.

22 U.S.C. § 4029 Increased training in multilateral diplomacy

(1) Statement of policyIt 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 generalThe 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 SecretaryThe 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 employeesThe 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.

22 U.S.C. § 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.

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