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

Page 1466 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4013 1 So in original. Probably should be followed by a period. 2 So in original. Probably should be ‘‘institution’’. (c) Availability Amounts shall be deposited in the fund annu- ally and are authorized to be available until ex- pended. (d) Expenditures from fund Amounts deposited in the fund shall be avail- able for expenditure to make separation pay- ments to foreign national employees in coun- tries in which such pay is legally authorized. (Pub. L. 102–138, title I, § 151, Oct. 28, 1991, 105 Stat. 672.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and not as part of the Foreign Service Act of 1980 which com- prises this chapter. § 4013. Department awards The President shall establish a system of awards to confer appropriate recognition of out- standing contributions to the Nation by mem- bers of the Service or Civil Service. The awards system established under this section shall pro- vide for presentation by the President and by the Secretary of medals or other suitable com- mendations for performance in the course of or beyond the call of duty which involves distin- guished, meritorious service to the Nation, in- cluding extraordinary valor in the face of danger to life or health. Distinguished, meritorious service in the promotion of internationally rec- ognized human rights, including the right to freedom of religion, shall serve as a basis for granting awards under this section. (Pub. L. 96–465, title I, § 614, formerly § 613, Oct. 17, 1980, 94 Stat. 2099; renumbered § 614, Pub. L. 103–236, title I, § 181(a)(1), Apr. 30, 1994, 108 Stat. 416; amended Pub. L. 105–292, title V, § 504(b), Oct. 27, 1998, 112 Stat. 2811; Pub. L. 117–81, div. E, title LIII, § 5308(a), Dec. 27, 2021, 135 Stat. 2362.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, § 5308(a)(1), amended section catchline generally, substituting ‘‘Department awards’’ for ‘‘Foreign Service awards’’. Pub. L. 117–81, § 5308(a)(2), inserted ‘‘or Civil Service’’ after ‘‘the Service’’ before period at end of first sen- tence. 1998—Pub. L. 105–292 inserted at end ‘‘Distinguished, meritorious service in the promotion of internationally recognized human rights, including the right to free- dom of religion, shall serve as a basis for granting awards under this section.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out under section 3901 of this title. THE RICHARD C. HOLBROOKE AWARD FOR DIPLOMACY Memorandum of President of the United States, Dec. 22, 2010, 77 F.R. 75507, provided: Memorandum for the Secretary of State To honor the legacy of one of America’s greatest dip- lomats and to reaffirm our commitment to diplomacy, I hereby direct you to establish the Richard C. Holbrooke Award for Diplomacy, to be awarded annu- ally. You are authorized to take all necessary steps to establish an appropriate award program under the aus- pices of your department to recognize distinguished Americans who have made especially meritorious con- tributions to diplomacy. Sixty days prior to presenting the award, you shall present to me a list of nominees, from which I will se- lect up to five individuals or groups of individuals to receive this award. In preparing your list of nominees, you may consider the recommendations of appropriate individuals and groups, coordinate your nominations in consultation with other executive agencies as appro- priate, and may include recommendations for post- humous awards. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER VII—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION § 4021. Institution for training (a) Institution or center for training The Secretary of State shall maintain and op- erate an institution or center for training (here- inafter in this subchapter referred to as the ‘‘in- stitution’’), 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 instruc- tion in the field of foreign relations to members of the Service and to employees of the Depart- ment and of other agencies. The institution shall be headed by a Director, who shall be ap- pointed by the Secretary of State. The institu- tion 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 sub- chapter 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 ap- proved by the Congress. (d) Training and instruction of employees of for- eign governments (1) The Secretary of State is authorized to pro- vide 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 Page 1467 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4021 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 em- ployees of foreign governments, priority consid- eration 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 lan- guage 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 pro- vided 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 pri- mary mission of training employees of the De- partment 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 na- tional 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 Ju- diciary (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 partici- pate, on a reimbursable basis, in training pro- grams offered by the institution. (3) Reimbursements collected under this sub- section shall be credited to the currently avail- able applicable appropriation account. (4) Training under this subsection is author- ized only to the extent that it will not interfere with the institution’s primary mission of train- ing 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, re- ferred 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, ef- fective 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), effec- tive Oct. 1, 2002, was repealed by Pub. L. 107–228, effec- tive 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 di- rected the redesignation of subsec. (g) as (d)(4), effec- tive Oct. 1, 2002, was repealed by Pub. L. 107–228, effec- tive Sept. 30, 2002. Pub. L. 105–277, § 2205(a)(1)(A), redesignated subsec. (d)(4) as (g). 1994—Pub. L. 103–415 made technical amendment re- lating 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 head- ing, substituted ‘‘an institution or center for training (hereinafter in this subchapter referred to as the ‘insti- tution’)’’ for ‘‘the Foreign Service Institute (herein- after in this subchapter referred to as the ‘Institute’),’’, and substituted ‘‘institution shall’’ for ‘‘Institute shall’’. Subsec. (b). Pub. L. 103–236, § 126(3), substituted ‘‘in- stitution’’ 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, pro- vided 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 Af- fairs 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) [amend- ing 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 pro- vided that the amendment made by section 2205(a)(3) was effective Oct. 1, 2002, was repealed by Pub. L. Page 1468 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4021 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 Sec- retary’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 Fed- eral agencies, should take the lead in this inter- agency 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 manage- ment and coordination of Federal foreign language resources. ‘‘(b) FOREIGN LANGUAGE RESOURCES COORDINATOR.— ‘‘(1) The Secretary of State should appoint a For- eign Language Resources Coordinator (in this sub- section referred to as the ‘Coordinator’) who shall be responsible— ‘‘(A) for coordinating the efforts of the appro- priate agencies of Government— ‘‘(i) to strengthen mechanisms for sharing of foreign language resources; and ‘‘(ii) to identify Federal foreign language re- source requirements in the areas of diplomacy, military preparedness, international security, and other foreign policy objectives; and ‘‘(B) for making recommendations to the Sec- retary of State as to which Federal foreign lan- guage assets, if any, should be made available to the private sector in support of national global eco- nomic competitiveness goals. ‘‘(2) All appropriate United States Government agencies maintaining and utilizing Federal foreign language training and related resources shall cooper- ate 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, pro- vided that: ‘‘(a) PURPOSE.—The purpose of this section is to pro- mote comprehensive training to meet the foreign rela- tions and national security objectives of the United States and to provide facilities designed for that pur- pose to assure cost efficient training. ‘‘(b) CONSTRUCTION OF TRAINING FACILITIES.—The Ad- ministrator of General Services may construct a con- solidated training facility for the Foreign Service In- stitute 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 De- partment of State. The Administrator of General Serv- ices 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 Af- fairs’ 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, ar- chitectural, 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 ‘Adminis- tration of Foreign Affairs’ to the Administrator of Gen- eral 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 Af- fairs’, a total not to exceed $70,000,000 may be trans- ferred 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 Transpor- tation of the House of Representatives and the Com- mittees 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 ad- journment of Congress sine die; and ‘‘(B) the days on which either House is not in ses- sion 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 commit- tees, such submittal shall be deemed to have been sub- mitted on the first succeeding day on which both Houses are in session. If all such committees do not re- ceive 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 con- structed 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, ALTER- ATION, 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 Histor- ical 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 alter- ations and repairs to the facility constructed pursuant to this section, provided the facility is used by the Sec- retary 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) Ex- cept as provided in paragraph (2), the Department of State shall be exempt from the charges required by sec- tion 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, re- pairs, 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 au- thority under section 701 of the Foreign Service Act of 1946 [former section 1041 of this title] in order to in- Page 1469 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4023 crease 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 Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 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 ap- propriate language training of members of the Service by the institution or otherwise in order to assist in meeting the requirements estab- lished 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 Re- lations of the Senate and the Committee on Inter- national 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 ‘‘Janu- ary 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 ‘‘institu- tion’’ for ‘‘Institute’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs 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 empha- sis The Secretary shall establish a professional development program to assure that members of the Service obtain the skills and knowledge re- quired 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 ap- proach eligibility for entry to the Senior For- eign Service, to enhance and broaden their qualifications for more senior levels of responsi- bility in the Service. Training for other mem- bers of the Service shall emphasize programs de- signed to enhance their particular skills and ex- pert knowledge, including development of the management skills appropriate to their occupa- tional 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, negoti- ating, 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 de- velopment should be designed to provide mem- bers of the Service with the opportunity to ac- quire skills and knowledge relevant to clearly established professional standards of expected performance. Career candidates should satisfac- torily complete candidate training prior to at- tainment of career status. Members of the Serv- ice should satisfactorily complete midcareer training before appointment to the Senior For- eign Service. (d) University degree credit In formulating programs under this section, the Secretary should establish a system to pro- vide, insofar as possible, credit toward univer- sity 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 gov- ernmental 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 seek- ing entry into the Senior Foreign Service participate in professional development described in subsection (c).