First in 14 years: State Department authorization bill passes Senate

WASHINGTON, D.C. — On April 28, U.S. Senators Bob Corker (R-Tenn.) and Ben Cardin (D-Md.), the chairman and ranking member of the Senate Foreign Relations Committee, applauded Senate passage of the first State Department authorization bill in 14 years.

The 2016 U.S. Department of State authorization bill, which was approved unanimously by the committee in June of 2015, initiates various reforms to diplomacy programs and core operations of the State Department. The bill also includes embassy security provisions to improve protection of U.S. diplomatic facilities and foreign service personnel.

Earlier on April 28, the committee approved State Department authorization legislation for 2017.

“For the first time in 14 years, the Senate today approved a bipartisan State Department authorization bill that meets critical oversight responsibilities on behalf of taxpayers,” Corker said. “This legislation prioritizes security upgrades for U.S. personnel at high-threat posts and lays the groundwork to streamline State Depart-ment operations and make them more effective. With enactment of this legislation and the bill that was reported out of committee earlier today, it is my hope that we will restore the annual practice of assuring the American people that funding for the State Department is being used responsibly to further U.S. interests.”

Key provisions

This year’s legislation emphasizes using U.S. leadership at the United Nations (UN) to end sexual abuse and exploitation by peacekeepers, improving the efficiency of certain personnel and management practices at the State Department, and restructuring State’s consular fees system to ensure these services are self-supporting.

Last year the committee approved an authorization bill for the first time in five years. A State Department authorization bill has not been passed by Congress and signed into law since 2002.

Key provisions of the FY2017 legislation include:

U.S. participation in international organizations.

Oversight and accountability for peacekeeper abuse: Requires the State Department to develop a comprehensive strategy and implementation plan for using U.S. influence at the UN to reduce sexual exploitation and abuse (SEA) by peacekeeping forces. The bill clarifies that existing U.S. prohibitions on funding for foreign military units that are responsible for gross human rights abuses also applies to peacekeeping operations and authorizes the State Department to withhold bilateral military assistance based on a pattern of SEA violations.

U.S. contributions to the UN: Requires an annual report from the Office of Management and Budget (OMB) on all U.S. contributions to the United Nations and a study from the Government Accountability Office (GAO) on reforming the assessment formula for peacekeeping missions. The president also must seek reimbursement of all surplus U.S. peacekeeping contributions to the U.S. Treasury rather than allowing those funds to remain at the UN.

Whistleblower protection: Makes permanent an annual 15 percent withholding requirement on funding for U.S. contributions to international organizations that fail to properly protect individuals from punishment for disclosing allegations of impropriety.

State Department personnel and management.

Reforming local staff wages: The bill requires the State Department to use recruiting, retention and labor market conditions as the basis for determining wages of locally employed staff at U.S. diplomatic facilities.

Pay levels must at least meet the 50th percentile of the prevailing wage for comparable employment in the area, rather than the current 60th percentile.

Personnel flexibility: Establishes a pilot program for personal service contractors to meet surge requirements and address workforce shortfalls. The bill also expands flexible personnel authorities for employees that support the department’s language training program and extends limited non-career appointments beyond five-years under certain circumstances while mandating a one-year break between those appointments.

Leadership accountability for security incidents: Unsatisfactory leadership can justify disciplinary action following security incidents under Accountability Review Board (ARB) review.

Facilitating Diplomatic Security investigations: Grants Diplomatic Security (DS) agents the authority to issue subpoenas when investigating passport and visa fraud or performing their protective duties.
The bill also authorizes DS agents to investigate identity theft, document fraud, and federal offenses within the special maritime and territorial jurisdiction of the United States. Furthermore, it permits arrest authority in response to physical security incidents in the U.S.

Consular authorities.

Consular fee restructuring: Restructures the consular fee system so passport, visa and other consular service fees cover the cost of providing those services with any excess revenue directed to the Treasury Department’s general fund.