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FY17 State Authorization Passes the Congress

 

Dear AFSA Members,

Early Saturday morning before concluding this Congress’s final session, the Senate passed the FY17 Department of State Authorities Act by unanimous consent. Saturday morning's passage marks the first time Congress has sent a State Department authorization bill to the White House in 14 years. 

Over the course of the year, we’ve updated members on provisions within the various drafts of the bill and reported on AFSA’s efforts to walk back and/or improve certain sections that we and a vast majority of our members deemed harmful to the career Foreign Service. In this effort, we met with numerous Congressional members and their staffs in both the House and Senate, and were encouraged to find robust support on both sides of the aisle for maintaining strong American global leadership and appreciation for the critical role that the Foreign Service plays in that effort. 

The final FY17 Department of State Authorities Act contains many provisions on which AFSA had direct input. While we’ve been clear that there were some items that we would have preferred to have more time (and a better process) to work out with the new Congress (e.g., lateral entry into the mid-ranks and authority to suspend duties when a member’s security clearance is suspended), there are many positive elements. What follows is a summary of the issues that AFSA continues to track:

 

Gains

Sec. 410. Report on diversity recruitment, employment, retention and promotion. The State Department must submit a report to Congress every four years on its efforts and the results of said efforts to ensure equal opportunity and inclusion for U.S. employees, especially within the Foreign Service.

Sec. 413. Retention of mid- and senior-level professionals from traditionally underrepresented minority groups. Directs the Secretary to provide attention and oversight to the employment, retention and promotion of traditionally underrepresented minority groups.

AFSA supports both of these provisions, in line with our belief that creating a more welcoming environment and taking proactive steps to develop strong leaders will result in a robust foreign policy that has been enriched by the inclusion of diverse perspectives at every level.

Sec. 414. Employee Assignment Restrictions. The Department shall establish a right and process for employees to appeal any assignment restriction or preclusion; and ensure that a member of the Service is not assigned to, or restricted from, a position at a post in a particular geographic area, or domestically in a position working on issues relating to a particular geographic area, exclusively on the basis of the member's race, ethnicity, or religion. AFSA has long fought for this provision as an important step toward creating an inclusive work environment for all members of the Service. In fact, the Bureau of Diplomatic Security and AFSA have already negotiated such a procedure, which is published in 12 FAM 233.5. We believe these procedures add more transparency to the process and strengthen accountability. 

Sec. 417. Foreign Service Families Workforce Study. Requires the Department to submit a report on workforce issues and challenges to career opportunities pertaining to tandem couples as well as couples for whom only one spouse is in the Foreign Service. While we were grateful for earlier versions of this provision that were aimed at supporting Foreign Service tandem couples, we worked closely with select members of the Congress to expand the study to include couples with only one Foreign Service spouse. One of the chief concerns we hear from members involves the challenges couples face as they attempt to balance dueling careers. AFSA holds that the success of each member of the Foreign Service, and thus of the Service as a whole, is intricately intertwined with the success of Foreign Service families.

Sec. 418. Special envoys, reps, advisors and coordinators of the Department. Requires the Department to submit a report with the names, ranks, positions and responsibilities of all, when they were created, mechanism by which they were created, description of extent to which responsibilities duplicate job responsibilities of other officials, number of staff, etc. AFSA weighed in favorably on this provision, believing that it will serve as an important first step to reining in the proliferation of unnecessary special envoys, representatives, and the like so the policymaking process can be returned, where advisable, to the action offices in the regional and functional bureaus.

Sec. 712. Public availability of reports on nominees to be chiefs of mission. The President is directed to publish on the State Department website reports on the qualifications of nominees to be chief of mission within seven days of submitting them to Congress. AFSA endorsed this requirement. We believe it will bring a measure of transparency into the chief of mission nomination process.

Sec. 714. Sense of Congress regarding coverage of appropriate therapies for dependents with autism spectrum disorder. Expresses the sense of Congress that the Secretary should endeavor to ensure coverage and access, for dependents with ASD of overseas employees, to physical, occupational, speech, and applied behavioral analysis (ABA) therapies. AFSA welcomes this provision, as care of our Foreign Service families, whose contributions are vital to the work and success of the Foreign Service, is one of our highest priorities.

Sec. 112. Local guard contracts abroad under diplomatic security program. The Department will be allowed to award contracts for local guards abroad “on the basis of best value as determined by a cost-technical tradeoff analysis” as described in the Federal Acquisitions Regulations, with reporting requirements for posts that are not high risk, high threat. AFSA celebrates this common sense improvement to security (State is no longer required to take the lowest bid on local guard contracts); this language was included in the FY16 omnibus appropriations package, but has now been made permanent in the FY17 State authorizing language.  

 

Setbacks

Sec. 402. Expansion of Overseas Development Program. The measure would express the sense of Congress that the Overseas Development Program should be expanded to at least 40 positions from 20. It also stipulates further expansion provided an analysis demonstrates that the program’s benefits outweigh the costs. In its discussions with Management (the ODP is the subject of an MOA between AFSA and the Department), AFSA suggested an independent cost-benefit analysis of the Overseas Development Program and that the program’s proposed expansion be delayed until the analysis proves its efficacy, including whether the costs justify the benefits. We asked that expansion be conditioned on clear evidence that the Department can consistently fill the 20 slots already authorized and that the program is meeting its stated goal of developing Civil Service staff who may apply their knowledge gained abroad to their domestic positions. Once Congress took up the issue, AFSA shared these views on the Hill, noting that, to date, the Department has never succeeded in filling all 20 available slots. Given that there is no longer a shortage of mid-level Foreign Service officers—the original impetus for the ODP’s creation—AFSA believes the program is no longer needed.

Sec. 404. Lateral Entry into the Foreign Service. The State Department is required to create a three-year pilot program to recruit and place mid-career civil servants and private sector workers with “extremely valuable” skills and experience into the Foreign Service at non-entry level grades. The department will have to report annually to Congress on the pilot, including tracking the career progression of participants. AFSA strongly opposes parachuting new entrants into the already full mid-level officer ranks. We are, however, eager to work with Congress to address underlying concerns about preserving the appeal of joining the Foreign Service, and we recognize the need for mid-level entry into certain specialist tracks.

Sec. 415. Security Clearance Suspensions. The Department is authorized to suspend the duties of a Foreign Service member when: (1) the member's security clearance is suspended, or (2) reasonable cause exists to believe that the person has committed a crime for which a sentence of imprisonment may be imposed. Such person is entitled to: (1) written notice stating the specific reasons for the proposed suspension; (2) reasonable time to respond orally and in writing; (3) representation; (4) a final written decision, including the specific reasons for such decision; and (5) file a grievance. AFSA expressed concern about this provision and succeeded in removing language that would have permitted suspension “without pay.” AFSA’s legal team is preparing a message to members on the ramifications of section 415—watch for it later this week.  

 

Others

Sec. 117. Assignment of personnel at high risk, high threat posts. The State Department would, to the extent practicable, assign personnel to high risk, high threat posts for “sustained periods of time” to build institutional knowledge and situational awareness, and to ensure proper security procedures are maintained.

Sec. 121. Security training for personnel assigned to high risk, high threat posts. Beginning on the date of enactment, personnel assigned permanently or for long-term temporary duty at posts designated as high risk, high threat would receive mandatory security training to “improve basic knowledge and skills,” including recognizing and avoiding or responding to potential terrorist situations, detecting surveillance, providing emergency medical care and using firearms. Starting a year after the bill’s enactment, high-ranking Foreign Service officials, or other government employees or contractors performing similar duties, assigned to high risk, high threat posts would receive additional training to better evaluate threats and effectively use security resources to mitigate them. Requirements within this provision have already been instituted with the FACT Course and other high threat training requirements for DS agents.

Sec. 122. Sense of Congress regarding language requirements for DS personnel assigned to high risk, high threat posts. The measure would express the sense of Congress that diplomatic security personnel assigned permanently or on a long-term temporary basis to high threat, high risk posts should receive language training before starting in the position, to allow the personnel to speak and read in the relevant language “on subjects germane to security.”

Sec. 403. Promotion to the Senior Foreign Service. Starting Jan. 1, 2017, legislation requires at least one tour in a global affairs bureau—defined as any bureau under the responsibility of the under secretaries for Economic Growth, Energy and Environment; Arms Control and International Security Affairs; Management; Public Diplomacy and Public Affairs; and Civilian, Security, Democracy and Human Rights; or the Assistant Secretary for International Organizations—or position funded with amounts appropriated to the Department under the heading “Diplomatic Policy and Support”—to be eligible for promotion into the Senior Foreign Service, unless the Secretary certifies that an otherwise qualified candidate hasn’t had reasonable opportunity for such an assignment.

Sec. 405. Reemployment of Annuitants. Extends waiver authority for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.

Sec. 701. Foreign Relations Exchange Programs. Authorizes the Secretary to establish exchange programs under which officers or employees of the State Department may be assigned, for not more than one year, to a position with any foreign government or international entity that permits an employee to be assigned to a position with the Department of State.

Sec. 706. Expansion of Rangel, Pickering and Payne Fellowship Programs. Directs the Secretary to increase the number of Rangel and Pickering fellows selected each year by 10 each and the number of Payne Fellows by five beginning in FY17.

 

This list is not exhaustive, and we encourage you to read the legislation to know the full extent of issues covered by the new authorization.

It is important to note that the impact of this legislation will in many cases not be immediate. Some provisions calling for new programs (such as lateral entry) cannot move under a continuing resolution, which affords us a window in early 2017 to build on our work from this year to influence State appropriations. For the most problematic issues, we continue to engage Congress to ensure they understand the potential detrimental ramifications of such provisions and to look for ways to either roll them back or mitigate unintended negative consequences.

We are encouraged by our most recent conversations on the Hill that have suggested room to work on a set of measures that could address the concerns underlying the proposal to create a lateral entry pilot program in the first place—namely preserving the appeal of joining the Foreign Service at the entry level. That is a goal AFSA supports 100%; we see significant potential to find common ground and make the Foreign Service stronger in the process.     

Now that the 114th Congress has wrapped up, we are actively reaching out to members of the incoming 115th Congress. Several allies of the Foreign Service are returning to Capitol Hill in the New Year; and we are looking forward to engaging with and supporting the many new members who expressed a deep commitment to U.S. global leadership and diplomacy on the campaign trail.

One of AFSA’s highest priorities in the coming year is for the new Congress to recognize that protecting American interests abroad requires us to preserve, protect and invest in one of our primary national security tools—the American Foreign Service. AFSA stands firm in its conviction that any consideration of legislation that would affect or alter the integrity of the current Foreign Service personnel system be done through a transparent, orderly and deliberative process that includes ample time for consultation with key stakeholders. This is the best way to ensure a strong and effective U.S. diplomacy on behalf of the American people.

American Foreign Service Association
2101 E Street NW
Washington DC 20037
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