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

Page 1472 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4027 istrator of the United States Agency for Inter- national 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 imple- ment such measures as the Secretary considers nec- essary 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 in- troductory provisions, was executed by making the substitution for ‘‘The Secretary may facilitate the em- ployment 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 di- rected amendment of subpar. (C) to read as follows: ‘‘es- tablishing a program for assisting eligible family mem- bers in accessing employment and education opportuni- ties, as appropriate, including by exercising the au- thorities, in relevant part, under sections 1784 and 1784a of title 10 and subject to such regulations as the Sec- retary 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), redesig- nated 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 ‘‘Ca- reer counseling and related services provided pursuant to this chapter shall not be construed to permit an as- signment that consists primarily of paid time to con- duct 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 sec- tion] shall be effective 180 days after the date of the en- actment 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. § 4027. Visiting Scholars Program (a) Establishment of program There is authorized to be established at the in- stitution a program whereby selected scholars would participate fully in the educational and training activities of the institution. This pro- gram may be referred to as the ‘‘Visiting Schol- ars 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 ex- tended 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 mem- bers 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 ‘‘in- stitution’’ for ‘‘Foreign Service Institute’’ and ‘‘Insti- tute’’ 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 Ambas- sador 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 docu- ments and United States policy in human rights, which shall be mandatory for all members of the Service having reporting re- sponsibilities relating to human rights and for chiefs of mission; (B) instruction on the internationally rec- ognized right to freedom of religion, the na- ture, activities, and beliefs of different reli- gions, and the various aspects and mani- festations of violations of religious freedom; (C) instruction on international docu- ments and United States policy on traf- ficking 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 rel- evant civil society organizations, instruc- tion on recognizing patterns of escalation and early warning signs of potential atroc- ities, and methods of preventing and re- Page 1473 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4028 sponding to atrocities, including conflict as- sessment methods, peacebuilding, mediation for prevention, early action and response, and appropriate transitional justice meas- ures 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 train- ing on religious freedom for all Foreign Service officers, including all entry level of- ficers, all officers prior to departure for posting outside the United States, and all outgoing deputy chiefs of mission and am- bassadors. Such training shall be included in— (i) the A–100 course attended by all For- eign 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, re- ligious 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 recommenda- tions 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 viola- tions of international religious freedom harm fundamental United States interests, how the advancement of international reli- gious freedom can advance such interests, how United States international religious freedom policy should be carried out in prac- tice by United States diplomats and other Foreign Service officers, and the relevance and relationship of international religious freedom to United States defense, diplo- macy, development, and public affairs ef- forts. The Secretary of State should ensure the availability of sufficient resources to de- velop and implement such curriculum. (C) Information sharing The curriculum and training materials de- veloped 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 poli- cies; (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 reli- gious persecution to each individual seeking a commission as a United States consular officer. The Secretary shall also ensure that any mem- ber 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 addi- tion 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 mis- sion, 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 sub- stance 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 re- lated 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 Cor- poration, the Trade and Development Agency, the Department of the Treasury, the United States Agency for International Development, and the United States International Develop- ment 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 inter- national organizations and other multilat- eral institutions; and (B) broad-based multilateral negotiations of international instruments. (2) Required training Members of the Service, including appro- priate chiefs of mission and other officers who are assigned to United States missions rep- resenting the United States to international organizations and other multilateral institu- Page 1474 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4028a tions or who are assigned in other positions that have as their primary responsibility for- mulation of policy related to such organiza- tions and institutions, or participation in ne- gotiations of international instruments, shall receive specialized training in the areas de- scribed 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 assign- ment. (Pub. L. 96–465, title I, § 708, as added and amend- ed 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, re- ferred to in subsec. (a)(1)(C), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified prin- cipally 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 Amend- ment 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), in- serted headings. 2008—Subsec. (c). Pub. L. 110–457 added subsec. (c). 2006—Subsec. (a). Pub. L. 109–164 inserted ‘‘, the Di- rector of the Office to Monitor and Combat Traf- ficking,’’ after ‘‘section 6411(b) of this title’’ in intro- ductory provisions and added par. (3). 2002—Subsec. (a). Pub. L. 107–132 inserted ‘‘George P. Shultz’’ after ‘‘director of the’’ in introductory provi- sions. 1998—Pub. L. 105–292, § 602(b), designated existing pro- visions 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 as- sess training needs across the economic and commer- cial 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 para- graph (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 rep- resenting United States interests at these institutions and organizations.’’ § 4028a. Per diem allowance for newly hired members of the Foreign Service (a) Per diem allowance (1) In general Except 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 pre- scribed under subchapter I of chapter 57 of title 5. (2) Limitation on lodging expenses A 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 gov- ernment-supplied housing during such ori- entation training or other training); and (B) does not vacate such residence during such orientation training or other training. (b) Definitions In 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. (Pub. L. 118–159, div. G, title LXXI, § 7109, Dec. 23, 2024, 138 Stat. 2525.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act for Fiscal Year 2025, and also as part of the Servicemember Quality of Life Improve- ment and National Defense Authorization Act for Fis- cal Year 2025, and not as part of the Foreign Service Act of 1980 which comprises this chapter.