H.R. 9086

Foreign Service Modernization Act

Sponsor: Michael Lawler

3 cosponsors
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Official summary

Written by the Congressional Research Service.

Foreign Service Modernization Act

This bill requires or authorizes certain actions related to U.S. Foreign Service (FS) management and operations, including an increased focus on expeditionary diplomacy (a concept that emphasizes diplomats conducting direct diplomacy in high-risk environments outside of the embassy), expanded hiring pathways, and additional training requirements.

For example, the bill requires the Department of State to establish

  • a team to develop a plan to improve the capability and willingness of FS members and leaders to engage in expeditionary diplomacy;
  • a program to recruit qualified veterans and separating military personnel into the FS, including by integrating FS recruitment into military transition programs; and
  • a Diplomatic Reserve Corps pilot program to assess the feasibility and effectiveness of a trained reserve cadre providing a surge workforce to support foreign affairs contingencies.

Additionally, the State Department is authorized to establish a structured training framework that is integrated into normal career progression with protected training periods (similar to the Armed Forces' professional military education model). 

The bill specifies that FS members

  • must successfully complete specified leadership and management training prior to assuming leadership assignments;
  • who participate in approved external training, education, or details shall have certain employment protections (such as eligibility for promotions and pay increases on the same basis as those not on such assignments); and
  • who undergo full-time, department-funded language training for more than six months must serve at least three consecutive tours in positions requiring proficiency in that language, with assignments beginning immediately after such language training.

Text of the bill

Expand all

I General provisions

II Management of Service

III Appointments

IV Classification of Positions and Assignments

Sec. 401. Protection of external training, education, and details Since introduced

Chapter 5 of title I (22 U.S.C. 3981 et seq.) is amended by adding at the end the following:

Text this section adds to the law

506. Protection of external training, education, and details

(a) Definitions. In this section—

(1) the term ‘external training or education’ means training, education, or fellowship programs conducted by entities other than foreign affairs agencies, including—

(A) other Federal departments or agencies;

(B) the Legislative branch;

(C) State, local, Tribal, or territorial governments;

(D) international organizations;

(E) accredited academic institutions; and

(F) other entities approved by the head of the foreign affairs agency concerned; and

(2) the term ‘external detail’ means a temporary assignment, fellowship, or detail to an entity described in paragraph (1).

(b) Authorization. A member of the Service may, with the approval of the head of the foreign affairs agency concerned, participate in external training, education, or details when such participation is determined to be in the interest of the United States.

(c) Uniform career protections. A member of the Service participating in an approved external training, education, or detail—

(1) shall retain Service status, grade, and appointment;

(2) shall continue to accrue time-in-class, time-in-service, tenure eligibility, and retirement credit as if serving in a domestic assignment or an assignment in a foreign country;

(3) shall remain fully eligible for promotion, pay increases, tenure, and awards on the same basis as members not on such assignments;

(4) shall not be disadvantaged in assignments, bidding, performance evaluations, or career progression solely because of such participation; and

(5) shall not be required to resign, accept a limited appointment, or otherwise relinquish Service status as a condition of participation.

(d) Performance evaluation requirements. Each foreign affairs agency shall ensure that members on approved external training or detail receive—

(1) timely and meaningful performance evaluations;

(2) evaluation standards and promotion precepts that recognize the nature and value of external service; and

(3) written guidance to supervisors outside foreign affairs agencies regarding evaluation responsibilities.

(e) Reentry and assignment rights. Upon completion of an approved external training or detail, a member—

(1) shall be eligible for reassignment to positions consistent with the member’s grade and professional qualifications; and

(2) shall not be required to compete for reentry into the Service or otherwise be treated as a new entrant.

(f) Limitation on waivers. The protections of this section may not be waived except by statute.

(g) Regulations. Not later than one year after the date of the enactment of this section, the head of each foreign affairs agency—

(1) shall issue regulations implementing this section, which shall be consistent across agencies to the maximum extent practicable.

(2) shall revise applicable regulations, evaluation precepts, and personnel policies to ensure full implementation of this section.

(h) Rule of construction. Nothing in this section may be construed to conflict with the requirements of section 504 or the regulations to implement such section.

V Promotion and retention

VI Career development, training, and orientation

VII Other matters