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S.1635 ‘Department of State Authorities Act Fiscal Year 2017’ Marches to the Finish Line

Posted: 4:03 am ET

 

On December 5, the House passed S.1635, the authorization bill for the State Department that was previously passed by the Senate on April 28, 2016.  [On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 374-16].  The bill’s short title is now the ‘Department of State Authorities Act, Fiscal Year 2017’.  House Foreign Affairs Committee Chairman Ed Royce said that “the House has passed an authorization bill in each of the last six Congresses, but unfortunately, it has been nearly 15 years since this legislation was signed into law.” The version of the bill passed by the House is slightly different from the version passed by the Senate this past spring. Our understanding is that the Senate will now need to approve the House changes and when that is done, the bill will go to the White House for President Obama’s signature.

Some components of DOSAA17 that the SFRC approved on April 28, 2016 for FY2017 (see SFRC Approves the Department of State Authorization Act of 2017 #DOSAA17) have made it to approved House version of S.1635, including a 3-year pilot program that provides for a lateral entry into the Foreign Service. We blogged about this previously here, herehere and here.

Section 415 which covers Security Clearance Suspension also made it to this bill with one important difference — “In order to promote the efficiency of the Service, the Secretary may suspend a member of the Service when—(A) the member’s security clearance is suspended; or (B) there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.” Written notice and appeals are provided for FS members but the suspension without pay language had been deleted. The bill notes that “suspend” and “suspension” means placing a member of the Foreign Service on temporary status without duties.  We blogged about this portion of the bill back in May (see @StateDept may soon get the ‘security clearance suspension without pay’ hammer, it’s a baaad idea).

Title IV—covers personnel and organizational issues including the following:

Section 401 directs the Secretary to establish and implement a prevailing wage rates goal for positions in the local compensation plan that is post-specific and “not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.”

Section 402 expands the Overseas Development Program from 20 positions to not fewer than 40 positions; within one year of the date of the enactment, it requires a cost/benefit analysis and allows the ODP expansion to more than 40 positions if the benefits outweigh the costs identified.

Section 403 requires that the promotion of any individual joining the Service on or after January 1, 2017, to the Senior Foreign Service shall be contingent upon such individual completing at least one tour in—‘‘(i) a global affairs bureau; or‘‘(ii) a global affairs position.

Section 405 provides for reemployment of annuitants and a waiver for annuity limitations if “there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.”  That’s good news for retirees.

Section 409 provides, with exception, for non- career employees who have served for five consecutive years under a limited appointment under this section may be reappointed to a subsequent noncareer limited appointment if there is at least a one-year break in service before such new appointment. The Secretary may waive the one-year break requirement under paragraph (1) in cases of special need.’’ This is also good news for those who are on Limited Noncareer Appointments (LNAs).

Section 414 provides for Employee Assignment Restrictions. “The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion.”

There are a couple of items that FS families would be interested in — this bill requires the Secretary, under Section 417, to submit to Congress 1) a report on workforce issues and challenges to career opportunities pertaining to tandem couples in the Foreign Service as well as couples with respect to which only one spouse is in the Foreign Service; 2) Section 714 includes an item for those with dependents who are on the autism spectrum:  “It is the sense of Congress that the Secretary should endeavor to ensure coverage and access, for dependents with ASD of overseas employees, to the therapies described in subsection (a), including through telehealth, computer software programs, or alternative means if appropriate providers are not accessible due to such employees’ placement overseas.”

Title I includes embassy security and personnel protection.

Section 103 provides for direct reporting — that the Assistant Secretary for Diplomatic Security report directly to the Secretary, without being required to obtain the approval or concurrence of any other official of the Department, as threats and circumstances require.

Section 104 addresses Accountability Review Board recommendations related to unsatisfactory leadership.

Section 112 address local guard contracts abroad under diplomatic security program and allows for the awarding of contracts on the basis of best value as determined by a cost-technical tradeoff analysis.

Section 117 provides that “the Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts in order to establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located.”

Section 121 provides security training for personnel assigned to high risk, high threat posts and Section 122 states the sense of Congress regarding language requirements for diplomatic security personnel assigned to high risk, high threat post.

The bill also requires the Department of State to submit to the appropriate congressional committees a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts. Further, it mandates monthly security briefings on embassy security including security tripwires; in coordination with the Secretary of Defense, an evaluation of available United States military assets and operational plans to respond to such posts in extremis; and personnel staffing and rotation cycles at high risk, high threat posts, among other things.

Title II is a stand alone section that covers State/ OIG and USAID/OIG. It looks like Inspector General Steve Linick got almost all the congressional requests he made back in 2015 (see OIG Steve Linick Seeks Legislative Support For Kill Switch on State Dept “Investigating Itself”).

Sec. 201. provides for competitive hiring status for former employees of the Office of the Special Inspector General for Iraq Reconstruction (SIGAR).

Sec. 202. Annually for four year, the Secretary is required to submit a certification of independence of information technology systems of the Office of Inspector General of the Department of State and Broadcasting Board of Governors on files/systems managed by the State Department.

Sec. 203 provides for the protection of the integrity of internal investigations. It amends  Subsection (c) of section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) by adding at the end the following new paragraph: ‘‘(6) REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.— “(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—“(i) Waste, fraud, or abuse in a Department program or operation; “(ii) criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, or GM-15 level or higher; “(iii) criminal misconduct on the part of a Department employee; and “(iV) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a Weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, Warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. “(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than five business days after the date on which the head of such Department entity is made aware of such allegation.”

Section 206 imposes restrictions on USAID/OIG salaries to limit the payment of special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly placed on other criminal investigators within the Federal law enforcement community. “This provision shall be retroactive to January 1, 2013.”

Title III covers international organizations. Section 301 provides for oversight of and accountability for peacekeeper abuses. Section 307. provides for whistleblower protections for United Nations personnel.

Under Title V for Consular Authorities, the bill includes Section 502 which signifies Congressional interest on U.S. passports made in the United States.

Title VI calls for the establishment of the Western Hemisphere Drug Policy Commission including membership, powers, and staffing.

Title VII contains miscellaneous provisions including Section 713 that directs “The Secretary shall make every effort to recruit and retain individuals that have lived, worked, or studied in predominantly Muslim countries or communities, including individuals who have studied at an Islamic institution of higher learning.” Section 707 calls for a GAO report on Department critical telecommunications equipment or services obtained from suppliers closely linked to a leading cyber-threat actor.  Section 710 address the strategy requirement to combat terrorist use of social media. And Section 712 calls for the public availability of reports on nominees to be chiefs of mission. State/HR already posts publicly the nominees’ Certificates of Competency but this provision makes clear that the posting of these certificates on a public website is a requirement “Not later than seven days after submitting the report required under section 304(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign Relations of the Senate, the President shall make the report available to the public, including by posting the  report on the website of the Department in a conspicuous manner and location.” 

List of contents (this version does not appear to be available at congress.gov at this time:

TITLE I—EMBASSY SECURITY AND PERSONNEL PROTECTION

Subtitle A—Review and Planning Requirements

Sec. 101. Designation of high risk, high threat posts.
Sec. 102. Contingency plans for high risk, high threat posts.
Sec. 103. Direct reporting.
Sec. 104. Accountability Review Board recommendations related to unsatisfactory leadership.

Subtitle B—Physical Security and Personnel Requirements

Sec. 111. Capital security cost sharing program.
Sec. 112. Local guard contracts abroad under diplomatic security program.
Sec. 113. Transfer authority.
Sec. 114. Security enhancements for soft targets.
Sec. 115. Exemption from certain procurement protest procedures for non-competitive contracting in emergency circumstances.
Sec. 116. Sense of Congress regarding minimum security standards for temporary United States diplomatic and consular posts.
Sec. 117. Assignment of personnel at high risk, high threat posts.
Sec. 118. Annual report on embassy construction costs. Sec. 119. Embassy security, construction, and maintenance.

Subtitle C—Security Training

Sec. 121. Security training for personnel assigned to high risk, high threat posts.
Sec. 122. Sense of Congress regarding language requirements for diplomatic se- curity personnel assigned to high risk, high threat post.

Subtitle D—Expansion of the Marine Corps Security Guard Detachment Program

Sec. 131. Marine Corps Security Guard Program.

TITLE II—OFFICE OF INSPECTOR GENERAL OF THE DEPART- MENT OF STATE AND BROADCASTING BOARD OF GOVERNORS

Sec. 201. Competitive hiring status for former employees of the Office of the Special Inspector General for Iraq Reconstruction.
Sec. 202. Certification of independence of information technology systems of the Office of Inspector General of the Department of State and Broadcasting Board of Governors.
Sec. 203. Protecting the integrity of internal investigations.
Sec. 204. Report on Inspector General inspection and auditing of Foreign Service posts and bureaus and other offices of the Department. Sec. 205. Implementing GAO and OIG recommendations.
Sec. 206. Inspector General salary limitations.

TITLE III—INTERNATIONAL ORGANIZATIONS

Sec. 301. Oversight of and accountability for peacekeeper abuses.
Sec. 302. Reimbursement of contributing countries.
Sec. 303. Withholding of assistance.
Sec. 304. United Nations peacekeeping assessment formula.
Sec. 305. Reimbursement or application of credits.
Sec. 306. Report on United States contributions to the United Nations relating to peacekeeping operations.
Sec. 307. Whistleblower protections for United Nations personnel.
Sec. 308. Encouraging employment of United States citizens at the United Nations.
Sec. 309. Statement of policy on Member State’s voting practices at the United Nations.
Sec. 310. Qualifications of the United Nations Secretary General.
Sec. 311. Policy regarding the United Nations Human Rights Council.
Sec. 312. Additional report on other United States contributions to the United Nations.
Sec. 313. Comparative report on peacekeeping operations.

TITLE IV—PERSONNEL AND ORGANIZATIONAL ISSUES

Sec. 401. Locally—employed staff Wages.
Sec. 402. Expansion of civil service opportunities.
Sec. 403. Promotion to the Senior Foreign Service.
Sec. 404. Lateral entry into the Foreign Service.
Sec. 405. Reemployrnent of annuitants and Workforce rightsizing.
Sec. 406. Integration of foreign economic policy.
Sec. 407. Training support services.
Sec. 408. Special agents.
Sec. 409. Limited appointments in the Foreign Service.
Sec. 410. Report on diversity recruitment, employment, retention, and promotion.
Sec. 411. Market data for cost-of-living adjustments.
Sec. 412. Technical amendment to Federal Workforce Flexibility Act.
Sec. 413. Retention of mid- and senior-level professionals from traditionally under-represented minority groups.
Sec. 414. Employee assignment restrictions.
Sec. 415. Security clearance suspensions.
Sec. 416. Sense of Congress on the integration of policies related to the participation of Women in preventing and resolving conflicts.
Sec. 417. Foreign Service families workforce study.
Sec. 418. Special envoys, representatives, advisors, and coordinators of the Department.
Sec. 419. Combating anti-Semitism.

TITLE V—CONSULAR AUTHORITIES

Sec. 501. Codification of enhanced consular immunities.
Sec. 502. Passports made in the United States.

TITLE VI—WESTERN HEMISPHERE DRUG POLICY COMMISSION

Sec. 601. Establishment.
Sec. 602. Duties.
Sec. 603. Membership.
Sec. 604. Powers.
Sec. 605. Staff.
Sec. 606. Sunset.

TITLE VII—MISCELLANE OUS PROVISIONS

Sec. 701. Foreign relations exchange programs.
Sec. 702. United States Advisory Commission on Public Diplomacy.
Sec. 703. Broadcasting Board of Governors.
Sec. 704. Rewards for Justice.
Sec. 705. Extension of period for reimbursement of seized commercial fishermen.
Sec. 706. Expansion of the Charles B. Rangel International Affairs Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program.
Sec. 707. GAO report on Department critical telecommunications equipment or services obtained from suppliers closely linked to a leading cyber-threat actor.
Sec. 708. Implementation plan for information technology and knowledge management.
Sec. 709. Ransoms to foreign terrorist organizations.
Sec. 710. Strategy to combat terrorist use of social media.
Sec. 711. Report on Department information technology acquisition practices.
Sec. 712. Public availability of reports on nominees to be chiefs of mission.
Sec. 713. Recruitment and retention of individuals who have lived, worked, or studied in predominantly Muslim countries or communities.
Sec. 714. Sense of Congress regarding coverage of appropriate therapies for dependents with autism spectrum disorder (ASD).
Sec. 715. Repeal of obsolete reports.
Sec. 716. Prohibition on additional funding.

(Roll no. 603). (text: CR H7160-7172)

 

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