22 USC 4030 - Suitability reviews for Foreign Service Institute instructors

Collapse to view only § 4030. Suitability reviews for Foreign Service Institute instructors

§ 4021. Institution for training
§ 4022. Foreign language requirements
§ 4023. Career development program
§ 4024. Functions of Secretary
§ 4025. Training grants
§ 4026. Career counseling
§ 4027. Visiting Scholars Program
§ 4028. Training for Foreign Service officers
§ 4029. Increased training in multilateral diplomacy
§ 4030. Suitability reviews for Foreign Service Institute instructors

§ 4021. Institution for training

(a) Institution or center for training

(b) Provision of training

(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

(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.)

§ 4022. Foreign language requirements

(a) In general

(b) Training

(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.)

§ 4023. Career development program

(a) Establishment; primary attention and emphasis

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

(d) University degree credit

(e) Institutions conducting training

(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.)

§ 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 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.

(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.)

§ 4025. Training grants

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

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

(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.)

§ 4026. Career counseling

(a) Facilitation of transition from Service

(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

1 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.

(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.)

§ 4027. Visiting Scholars Program

(a) Establishment of 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.

(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.)

§ 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

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

(d) Economic and commercial diplomacy

(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

(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.)

§ 4029. Increased training in multilateral diplomacy

(1) Statement of policy

(2) Personnel

(A) In general

(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

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

§ 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.)