Category Archives: Assistant Secretary

State Dept Responds to an FOIA Two Years After Request — Confusion and Hilarity Follows

– Domani Spero

One of our blog readers asked us about the Freedom of Information Act  (FOIA). Nope, we don’t know much about it except the (b)(6) exemptions which resulted on the redactions of OIG inspectors names from publicly available reports posted online.  In  October 2013, State/OIG finally started disclosing the names of inspectors in publicly available reports, so yay for that.

But because we’re a curious cat, we wanted to know why he was asking us about the FOIA. It turned out, our reader submitted a FOIA request to the State Department in 2012.  He wanted to know about “Meetings between Jeff Gorsky and the AILA.”  Mr. Gorsky is the Chief of the Legal Advisory Opinion Section of the Visa Office of the Bureau of Consular Affairs and AILA is the American Immigration Lawyers Association (AILA), the national association of more than 13,000 attorneys and law professors who practice and teach immigration law. Our reader, Mr. Requester, shared the confirmation of his FOIA request from 2012:

Screen Shot 2014-04-20

After repeated inquiries and prodding, and after almost two years of waiting, a response finally arrived in Mr. Requester’s mail box this year. Note that the subject of the FOIA request is “Jeff Gorsky and the AILA” and the official State Department response to the FOIA request came from Mr. Gorsky himself. Take a look:

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What the hey?

Is it normal or routine that the subject of the FOIA request is also the signatory of the letter that basically says we found 42 documents but they all contain information that is “personal in nature?”

I don’t know, is it?  Help me out here.  These are presumably from work emails, how can they all be “personal in nature?”

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Note: FOIA Exemption (b)(6) – permits the government to withhold all information about individuals in “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.”

Is it bizarre or is it just totally expected that the responding office (b)(6)’ed just about every name that appears on the documents released?  In handwritten notations that look messy and all?  What’s the use of filing an FOIA if all you get are these scrawny (b)(6)s?  The email above concerns a meeting request on “L1 Visas in Singapore.” So, the names of all  pertinent parties to that meeting are also “personal in nature?”

Processing … processing ….screeeccch bang kaplunga!  Ugh! I don’t get it; I must be, like… like….like, a malfunctioned magnet*.

Folks, the White House publishes online its Visitor Access Records, and heavens help them, there are lots of names listed there; some even include middle names!

On March 16, 2009, just as the new president came to office, the State Department’s Bureau of Administration released an FOIA Guidance from the Secretary of State to the department employees.  In says in part:

On his first full day in office, President Barack Obama signed two memoranda on openness in government – one ushering in a new era of transparency in government, the other ordering a presumption of disclosure in the implementation of the Freedom of Information Act (FOIA). The State Department will be at the forefront of making this commitment a reality.
[…]
As a Department, we should respond to requests in a timely manner, resolve doubts in favor of openness, and not withhold information based on speculative or abstract fears.
[…]
We need every Department employee to manage the challenge of informing the public and protecting information in a way that fulfills the President’s strong commitment to transparency.

Well, what about that, huh?

In any case, the Department of Justice FOIA Guide on Exemption 6 notes that “Personal privacy interests are protected by two provisions of the FOIA, Exemptions 6 and 7(C). … Exemption 6 permits the government to withhold all information about individuals in “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.” (1)

The Guide also says that “In some instances, the disclosure of information might involve no invasion of privacy because, fundamentally, the information is of such a nature that no expectation of privacy exists. (49) For example, civilian federal employees generally have no expectation of privacy regarding their names, titles, grades, salaries, and duty stations as employees (50) or regarding the parts of their successful employment applications that show their qualifications for their positions.” (51)

Also this: “if the information at issue is particularly well known or is widely available within the public domain, there generally is no expectation of privacy. “

You should know that we have no expertise on FOIAs. But the State Department on this FOIA case managed to use the (b)(6) exemption to redact the names of the Assistant Secretary of the Bureau of Consular and that “Desk Officer for Singapore Visa matters.”

Here’s a person of the street question: Why would anyone think that disclosing Janice J. Jacobs‘ name as Assistant Secretary of the Bureau of Consulate Consular Affairs (she is on Wikipedia, by the way) would constitute an “unwarranted invasion of personal privacy?” 

C’mon, folks, you gotta admit, this is totally hilarious!

 

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Let’s compare this to the  emails released under FOIA on the Keystone XL meetings. Also redacted but as you can see on the emails here, the State Department did not use the (b)(6) exemption and instead used (b)(5) which protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” But look how this is marked:

Screen Shot 2014-04-22

Click on image to read the released emails.

The FOIA super ninja we consulted (thanks J!) suggested that an immediate appeal be filed.  Mr. Requester told us he already sent in an appeal.  We just hope the response to his appeal would not take two years, and would not include scrawny (b)(6)s for decorations.

Seriously. Do you realize  that if the State Department continue to slap (b)(6)s on FOIA’ed docs so thoughtlessly like this, that the agency will be at the forefront of making President Obama’s commitment to “transparency in government” and “presumption of disclosure” a laughing matter? Pardon me, it is already a laughing matter?  Well, a  competition then on who will be at the forefront.  

Folks, you need to fix this or we may be forced to start a rock band called Twisted Hilarity.    

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Filed under Assistant Secretary, Govt Reports/Documents, Obama, Questions, State Department, Technology and Work

Diplomatic Security Gets Bill A. Miller as New PDAS and New DSS Director

– Domani Spero

On April 14, 2014, Bill A. Miller was appointed Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service.   In the aftermath of Benghazi, Mr. Miller was appointed DAS for High Threat Posts last year (see State Dept Now Has 27 High-Threat, High-Risk Posts — Are You In One of Them?). Below is a statement from State/DS:

Bill A. Miller Screen Capture via SFRC fotage

Bill A. Miller, Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service
Screen Capture via SFRC video

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service.  Mr. Miller’s previous assignment was Deputy Assistant Secretary of State for High Threat Posts in the Bureau of Diplomatic Security.

His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  For his leadership in guiding the U.S. Government security response to the revolutionary events of the “Arab Spring” in Egypt, Mr. Miller was awarded the Department’s Superior Honor Award.

Mr. Miller served for a year in Baghdad as the Regional Security Coordination Officer for the Coalition Provisional Authority and as the first Regional Security Officer for the newly established U.S. Mission to Iraq.  In addition to assignments in Iraq and Egypt, Mr. Miller has also served tours in Pakistan, Jerusalem, and the Philippines.

Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.  Other domestic assignments have included service as the Regional Director for Contingency Operations, Chief of Counterintelligence Investigations for DSS, the Post Graduate Intelligence program at the Joint Military Intelligence College, almost five years on the Secretary of State’s Protective Detail and, his first assignment, the Washington Field Office.

Prior to entering on duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer.  Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq.  In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

With Mr. Miller moved up, the HTP post went to Doug Allison as new Deputy Assistant Secretary for High-Threat Posts.  The Deputy Assistant Secretary for High-Threat Posts (HTP) is responsible for evaluating, managing, and mitigating the security threats, as well as the direction of resource requirements as high-threat U.S. diplomatic missions. No bio has been posted at this time.

Another new name is Mark Hunter, who succeeded Charlene Lamb as Deputy Assistant Secretary for International Programs.  This is the position responsible for “managing and directing all Bureau of Diplomatic Security programs and policies that protect the Department of State’s international missions and personnel from the threats of terrorism, espionage (human and technical), and crime.” No bio has been posted at this time.

Finally, the position of Director for the Office of Foreign Missions, formerly held by Eric Boswell is no longer vacant. Fredrick J. Ketchem has ben appointed Deputy Assistant Secretary for Diplomatic Security and Deputy Director, Office of Foreign Missions.  This position is responsible for facilitating and regulating the tax, property, motor vehicle, customs, and travel activities of foreign missions in the United States. [see biography]

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Confirmations: Barry Heyman, Puneet Talwar, Dwight L. Bush Sr, Timothy M. Broas , Arun Madhavan Kumar

– Domani Spero

On March 12, the U.S. Senate confirmed the following State Department nominee by voice vote:

  • Bruce Heyman, of IL, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Canada

On March 13, the U.S. Senate confirmed a few more:

  • Puneet Talwar – to be an Assistant Secretary of State (Political-Military Affairs)
  • Dwight L. Bush, Sr – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Morocco
  • Timothy M. Broas – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of the Netherlands
  • Arun Madhavan Kumar – to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service (FCS)

Below is Ambassador Broas in an intro video produced by the State Dept’s Bureau of International Information Programs where he talks about his Dutch ancestry and how he wants to connect with the people of the Netherlands! 

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Filed under Ambassadors, Assistant Secretary, Confirmed, Congress, Nominations, State Department, U.S. Missions, Uncategorized

Asst Secretary for Consular Affairs Janice Jacobs to Retire Effective April 3

– Domani Spero

The State Department’s Assistant Secretary of State for Consular Affairs Janice Jacobs announced last week her retirement from from the State Department effective April 3.  Ambassador Jacobs was appointed  to the CA Bureau on 2008. Previous to this appointment, she was the U.S. Ambassador to Guinea Bissau, accredited at the same time to Senegal and was a resident in Dakar.  Excerpt from the announcement email sent to CA folks:

“It has been a wonderful thirty-plus years with the Department of State, serving in many different roles and in

English: Janice L. Jacobs

English: Janice L. Jacobs (Photo credit: Wikipedia)

many different locations around the world. As many of you have heard me say, my almost six years as Assistant Secretary has been the most enjoyable and the most rewarding of all the positions I have held.  I am extremely proud of the role the Bureau has played as a trailblazer in the area of leadership, and now, management.  Our team is recognized by counterparts throughout the Department for our balanced approach, our smart goal-setting, and our wise use of resources.  I am confident that you all will continue to innovate to provide the best of government service.” 

Ambassador Jacob’s two immediate predecessors, Maura Harty and Mary Ryan were both career Foreign Service officers, but seven of the twelve appointees since 1953 had been non-career appointees.

A quick summary of this top CA position via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs”. From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

Here are the previous appointees.

The last political appointee assigned to the CA Bureau as Assistant Secretary was Elizabeth Tamposi under President George H. W. Bush . If you don’t remember the Bill Clinton passport files scandal, the NYT covered it here and here. More reading  here (Berry v. Funk) for some background and a separate judgement here, where the court granted monetary award to Ms. Tamposi for reimbursement of attorneys’ fees and expenses.

If you  have time to spare, you might also want to read Sherman Funk’s Oral History interview here; he was the IG at that time.  All Oral History interviews referenced to here are available via the Association for Diplomatic Studies and Training.

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Filed under Ambassadors, Assistant Secretary, Consular Work, FSOs, Political Appointees, Retirement, State Department, Visas

Confirmations: Smith, Sherman, Novelli, Kaidanow, Gardner

– Domani Spero

 

On February 12, 2014, the U.S. Senate confirmed the following executive nominations for the State Department:

  • Anthony Luzzatto Gardner, of New York, to be Representative of the United States  of America to the European Union, with the rank and status of Ambassador Extraordinary and Plenipotentiary.
  • Tina S. Kaidanow, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large (State/CT)
  • Catherine Ann Novelli, of Virginia, to be an Under Secretary of State (Economic Growth, Energy, and the Environment) State/E
  • Robert A. Sherman, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Portuguese Republic.
  • Daniel Bennett Smith, of Virginia, to be an Assistant Secretary of State (Intelligence and Research) State/INR

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Filed under Ambassadors, Appointments, Assistant Secretary, Confirmed, Congress, State Department, U.S. Missions

Confirmations: Baucus, Rivkin, Sewall, Stengel

– Domani Spero

 

On February 11, the U.S. Senate confirmed the following executive nominations for the State Department:

Previously on February 6, the Senate also confirmed the nomination of Max Sieben Baucus, of Montana, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People’s Republic of China.

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Filed under Ambassadors, Appointments, Assistant Secretary, Confirmed, Congress, State Department

Stephanie Kinney: Wither the Foreign Service? — Wham! Read Before You Go-Go

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– Domani Spero

On its home page, the Association for Diplomatic Studies and Training shares a funny ha!ha! joke that the Foreign Service has undergone major reforms and tinkering over the past century so much that people often say that if you didn’t like the current system, just wait a few years and it would change.  One of the fascinating periods of change at the State Department occurred during the tenure of William Crocket, the Deputy Under-Secretary of State for Administration from 1963-1967. He  was responsible for bringing Chris Argyris to write a report on the Foreign Service, now only available to read at the State Department library (anyone has a digital copy?).  He did T-groups, organizational development and such.  When Mr. Crockett retired in 1967 many of the programs he started were barely alive or already buried and forgotten.  He was never credited for some that still lives on.  He felt he was an outcast from the Foreign Service and left a disillusioned man. He tried to change the service, and it wasn’t quite ready for him (see pdf of oral history).

We recently just read ADST’s oral history interview with Stephanie Kinney.  We have previously quoted her in this blog in 2009 and are familiar with her ideas for change.  Ms. Kinney is a former Senior Foreign Service Officer, one of the first “tandem couples” (i.e., both are FSOs), and winner of the Department of State’s Lifetime Achievement Award, as well as the American Foreign Service Association (AFSA) Harriman Award for her leadership role in creating the Department’s Family Liaison Office (FLO). She was interviewed by Charles Stuart Kennedy in 2010 for ADST.

Below is an excerpt from her 2010 interview.  Check out her full oral history interview here.

[T]he problem at the State Department, I believe, is its lack of institutional leadership and its lack of a single, unified and vibrant corporate cultures. Its culture is still fundamentally 20th century and divided between Foreign Service and Civil Service and the growing overlay of short-term, Schedule C [political appointees] leadership. There are people, pockets of people, working to change that, but it is an uphill battle.
[...]
The drafters of the 1980 Act did not believe in a generalist Foreign Service officer corps. Bill Backus and I argued about “generalists” versus “specialists” ad nauseam; he wanted to create a Foreign Service more like the Civil Service, of which he was a part. He and the other drafters wanted to tie the Foreign Service to the Civil Service and create an equivalency that has never existed because the two personnel systems and cultures are so different. They also created something called LCEs, Limited Career Extensions, which seriously corrupted the Senior Foreign Service through their abuse, and then created an infamous senior surplus, the cost of which was the gutting of a generation of largely 01, political officers in the mid 1990’s. [Note: An FS-01 is equivalent to a GS-15 and is the level before entering the Senior Foreign Service.]

So today what do we have at the State Department? The vast majority of our FSOs have less than five years experience. You have officers expecting to be promoted to 01 who have done only their obligatory consular tour, maybe a tour in their cone, and one or two others.

Another pattern is that many entry level officers now have to do two consular tours, then return to the Department for a desk job and then go to Iraq or Afghanistan, where they do ops with the military. They have never done the first lick of what you would call mainstream diplomacy. One wonders what the impact of this will be on the system?

Now this is not to say that what they have been doing is not a kind of diplomacy; it is and it is utterly essential to the 21st century. But their experience to date is not a kind of work that has prepared them to come back into the civilized world and maintain proper relations and perform with long standing successful states and cultures. These more established states—be they developed or “emerging” like the BRICs [Brazil, Russia, Indonesia, and China], all value tradition and diplomatic savoir faire more than we, and they far outstrip the value and importance of either Iraq or Afghanistan.
[...]
The people to whom you have referred as the high flying “staffers,” have taken no interest in their own institution, which is the base of their power and their work. It is the nature of a profession that it is involved in its own institutions. Otherwise, it is not a profession.

I could not sustain the assertion today that diplomacy is a profession at the Department of State. I think it can be. I think it should be. I am working to move it in that direction, but there is no evidence that the current culture and conditions and leadership are encouraging and helping the younger generation assume the responsibilities and take the measures needed to improve the situation….

But minus strong leadership that seeks to instill common ethics and standards and professional pride, there seems to be growing concern that what we are getting is a group of people for whom little matters beyond one’s own interests. If the Foreign Service culture is all about stepping on someone else to get to the next rung, it is not going to work. You are going to hang separately, because, in my view, that is how it has gotten us where we are.
[...]
When I came to State, there was no such thing as a Schedule C Assistant Secretary. Jimmy Carter took eight FSOs—well they were almost all FSOs under the age of 38 who had resigned over Vietnam, such as Dick Holbrook and Tony Lake—and he made them Assistant Secretaries. They were known as the Baby Eight. So when Ronald Reagan came in he said, “Oh, I will pocket those eight, and I also want a DAS in every bureau,” and so the Deputy Assistant Secretaries became politicized. Today it goes down to the Office Director level. (Note: see this graphic – pdf)
[...]
The politicization, along with Secretaries of State who also have no sense of responsibility for or interest in the Department as an institution, continues to sap the  institution of vitality. That in my view is one of the primary reasons that the institution has fallen on such hard times.

What’s remarkable is that Mr. Crockett in his oral history interview (pdf) conducted in 1990 said practically the  same thing:

“The absence of Secretarial interest in the operations of the Department and many of its functions is often pointed out as one of State’s major deficiencies. Most Secretaries, when faced with the choice of being part of the policy development process or managers of a Cabinet Department, opt for the first to the detriment, I believe, of the second. I am sure it is far more attractive to run around the world like Shultz did–involved in diplomatic activities–that staying at home managing a fairly large organization–certainly a complex one. State is unique among Cabinet Departments in that regard because a Secretary can get by without paying much attention to the management of his Department.”

What’s that they say about change — the more things change, the more they stay the same?

In related news, Secretary Kerry is on travel, this time to Seoul, Beijing, Jakarta, and Abu Dhabi, from February 13-18, 2014. On his first year as Secretary of State, he was on travel 152 days, to 39 countries, travelling 327,124 miles.  If he keep at this, he will break Secretary Clinton’s travel record.  He may also go down in the history books as the Secretary of State who was almost never home.

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Filed under Assistant Secretary, Career Employees, Foreign Service, FSOs, John F. Kerry, Leadership and Management, Org Culture, Political Appointees, Realities of the FS, Reform, Staffing the FS, State Department

Burn Bag: Yo! A Shout-out From the Starr Man?

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– Domani Spero
Updated @0850

Received entry for the Burn Bag:  “Congrats to Diplopundit on the shout-out from DS’ Assistant Secretary during his latest volun-mandatory town hall meeting.  Notably absent from A/S Starr’s rant was anything related to accountability, transparency, or responsibility…”

Um, thanks?!  A shout-out is usually good, but rants are usually bad. Unless he was ranting raves, which could also be good and bad.  Pardon me? Stop over-thinking it?  Oh, right.   Here’s the Starr man who may or may not have given us gave a shout-out behind the wall – a fairly neutral one, we’re told, like –  “and there’s Diplopundit” in referring to social media and informal news about DS.  Thank you, that’s us, dudes, where do I bow?  We did not hold anyone hostage to get a mention, honest.   To our friends at DS, we have an offer for you — check back tomorrow!

As his wife looks on, Gregory B. Starr (left) is congratulated by U.S. Secretary of State John F. Kerry (right) immediately after Mr. Kerry swore him in as Assistant Secretary for Diplomatic Security during a ceremony at State Department headquarters in Washington D.C., January 8, 2014.  Mr. Starr is the first Diplomatic Security special agent to hold the position of Assistant Secretary. (U.S. Department of State photo)

As his wife looks on, Gregory B. Starr (left) is congratulated by U.S. Secretary of State John F. Kerry (right) immediately after Mr. Kerry swore him in as Assistant Secretary for Diplomatic Security during a ceremony at State Department headquarters in Washington D.C., January 8, 2014. Mr. Starr is the first Diplomatic Security special agent to hold the position of Assistant Secretary. (U.S. Department of State photo)

Also, folks, we understand that an energizer bunny has mirrored Diplopundit’s Burn Bag behind the firewall. Is that  true or is that something we should treat as #RUMINT?

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Kerry Swears-in Higginbottom as Deputy Secretary for Management, Good News for State/OIG — Wait, What?

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– Domani Spero

On January 30, 2014, Secretary Kerry sworn-in Heather Higginbottom as Deputy Secretary of State for Management and Resources. Ms. Higginbottom is the third appointee to this position. She was preceded by Jack Lew , now Treasury Secretary and Tom Nides  who is now back at Morgan Stanley.

Secretary Kerry Swears in Heather Higginbottom as Deputy Secretary of State U.S. Secretary of State John Kerry swears in Heather Higginbottom as the Deputy Secretary of State for Management and Resources, at the U.S. Department of State in Washington, D.C., on January 30, 2014. [State Department photo/ Public Domain]

Secretary Kerry Swears in Heather Higginbottom as Deputy Secretary of State
U.S. Secretary of State John Kerry swears in Heather Higginbottom as the Deputy Secretary of State for Management and Resources, at the U.S. Department of State in Washington, D.C., on January 30, 2014. [State Department photo/ Public Domain]

Ssecretary Kerry made some remarks at her swearing-in ceremony (excerpt below):

Heather now is the first woman to hold the title of Deputy Secretary of State.  (Applause.)  That’s a statement in and of itself, as you have all just recognized, and it’s important.  But I want you to know that no one ever said to me about this job, “I’m so glad you found a woman.”  They have said to me, “I’m really glad you gave this job to Heather,” or “Heather is the right person for this job.”  And we are here because – I know many of you have worked with Heather either in her role on Capitol Hill or over at OMB.  Some of you worked on the campaign trail with her in 2004 and 2008, where she served in 2008 as President Obama’s Policy Director.  Many of you worked with her in the White House where she was serving as the Deputy Director for the Domestic Policy Council and then Deputy Director of OMB.

Ms. Higginbottom gave her own remarks (excerpt):

For me, balancing our presence in Asia, to making peace in Syria, to rolling back Iran’s nuclear program, to embracing our friends in this hemisphere, to the many crises we cannot begin to predict, the people at the State Department and USAID will confront tremendous challenges and opportunities in 2014 and beyond.  In this role, I’ll share in the global responsibility for U.S. foreign policy, but I’ll also seek to drive institutional reforms.
[...]
A top priority for my team will be working to ensure our posts and people are safe and secure.  We need our diplomats fully engaged wherever our vital national interests are at stake, and that means we must constantly improve the way we protect our people and our posts.  I’ll also work to ensure that we use taxpayer resources wisely and efficiently.  As you all know, America’s investment in diplomacy and development is critical to our global leadership, to our national security, and to our nation’s prosperity.  It’s one of the very best investments we can make for our country and it’s the right thing to do.

But we must do everything we can to increase the return on that investment.  That’s why I’ll focus on management reform and innovation.

Excellent!  There’s a small matter that folks might want to bring up to the new D/MR’s attention in terms of reform — a recent change on the Foreign Affairs Manual concerning State/OIG, updated just weeks after the nominee for OIG was announced:

1 FAM 053.2-2 Under Secretary for Management (M)
(CT:ORG-312; 07-17-2013)
The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action. See 1 FAM 056. 1, Impasse paragraph.

Look at this nice org chart for the DOD IG:

via DODIG.mil

via DODIG.mil

It’s not like the State Department does not have a Deputy Secretary of State for Management and Resources, right?  And because we can’t keep this straight in our head, we have to wonder out loud, how is this delegated authority going to work if the IG had to review “M” and half the building that reports to “M”?  We asked, and we got an official response from State/OIG:

“Per the IG Act of 1978, as amended, and the FAM (1 FAM 052.1  Inspector General – (CT:ORG-312;   07-17-2013), the IG reports directly to the Secretary and Congress.  IG Steve Linick has access to the Secretary and meets regularly with the Deputy Secretaries and other high officials, as needed.”

Okay, but the State Department is the only federal Cabinet-level agency with two co-equal Deputy Secretaries. And yet, “M”, the office with the most number of boxes in the org chart among the under secretaries is the Secretary of State’s designated top management official responsible for OIG audit and inspection?

Let’s see how this works.

In late January, State/OIG posted its  Compliance Follow-up Audit of the Bureau of Oceans, International Environmental and Scientific Affairs’ Administration and Oversight of Funds Dedicated to Address Global Climate Change (AUD-ACF-14-16):

In 2012, the Office of Inspector General (OIG) performed an audit of OES’ administration and oversight of funds dedicated to address global climate change to be responsive to global developments and the priorities of the Department.

In March 2013, OIG closed eight of these recommendations (Nos. 2, 5, 6, 7, 8, 9, 14, and 15) after verifying evidence that OES had provided showing that final corrective actions had been completed. At that time, OIG considered the remaining 10 recommendations resolved, pending final action.

Following initial discussions with OES and A/OPE officials on the status of the open recommendations from AUD/CG-12-40, OIG expanded its original scope to include an assessment of the Department’s actions on all open recommendations from the report.

Consequently, OIG incorporated the intent of AUD/CG-12-40 Recommendation 18 into a new recommendation (No. 9) to the Under Secretary for Management (M) to assign authority and responsibility for the oversight, review, and approval of nonacquisition interagency agreements that will ensure compliance with applicable Federal regulations and Department policies governing them.

As of December 31, 2013, neither A/OPE nor M had responded to the IG’s draft report.

Well, okay there you go, and what happens then?

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According to history.state.gov, in 1957 the Department of State elevated the position of Chief of the Foreign Service Inspection Corps to that of Inspector General of the Foreign Service. Between 1957 and 1980, the Secretary of State designated incumbents, who held rank equivalent to an Assistant Secretary of State. The Foreign Service Act of 1980 (Oct 17, 1980; P.L. 96-465; 94 Stat. 2080) made the Inspector General a Presidential appointee, subject to the advice and consent of the Senate, and changed the title to “Inspector General of the Department of State and the Foreign Service.”The two most recent OIG for State are  Clark Kent Ervin (2001-2003) and Howard J. Krongard (2005-2008). State did not have a Senate-confirmed OIG from 2009 to much of 2013.

We understand that during the Powell tenure at State, OIG reported to Secretary Powell through Deputy Secretary Armitage. We could not confirm this but it makes sense to us that the inspector general reports above the under secretary level. It demonstrates the importance the Secretary of State place on accountability — the IG reports directly to him through his Management and  Resources deputy; the only D/MR in the whole wide world.  What’s not to like about that?

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Diplomat Drops “Fuck the EU” in Private Chat — Cover Your Ears, It Might Ruin You Forever!

– Domani Spero

The State Department’s Assistant Secretary of State for European Affairs, Victoria Nuland was caught on tape with Geoffrey Pyatt, the U.S. Ambassador to Ukraine working the diplomatic sausage over the Ukraine crisis.  The private conversation was recorded and uploaded to YouTube by an anonymous user/s who made an effort to include a photo collage of the individuals referred to in the conversation. The leaked recording is available here and has been viewed 485,122.

The State Department spokeswoman was asked if this call is “an authentic recording of an authentic conversation between Assistant Secretary Nuland and Ambassador Pyatt?”  As can be expected, Ms. Psaki replied:

“Well, I’m not going to confirm or outline details. I understand there are a lot of reports out there and there’s a recording out there, but I’m not going to confirm private diplomatic conversations.”

Hilarious exchange followed:

QUESTION: As related to Assistant Secretary Nuland’s comments about the European Union, do – are the United States and the EU on the same page on what to deal – how to deal with the situation in Ukraine and how best to resolve the crisis?
MS. PSAKI: Well, let me first say, obviously, we work incredibly closely with the EU and with representatives of the EU, and Assistant Secretary Nuland certainly does as it relates to Ukraine. And she’s been in close contact with EU High Representative Ashton. Also, let me convey that she has been in contact with her EU counterparts, and of course, has apologized. But –
QUESTION: What did she apologize for?
MS. PSAKI: For these reported comments, of course.
QUESTION: So you’re not confirming that the comments are accurate? She’s –
MS. PSAKI: I’m just not going to speak to a private diplomatic conversation, Arshad, but I’m obviously speaking to the content of the reports.

Ukraine’s Security Service has reportedly declined to comment on a leaked recording of this telephone conversation.

The Guardian says that Germany condemns the comments made by Assistant Secretary Nuland:

The German spokeswoman Christiane Wirtz said Merkel appreciated the work of Catherine Ashton, the EU’s foreign policy chief, who had tried to mediate between the Ukrainian president, Viktor Yanukovych, and protesters who have taken to the streets. “The chancellor finds these remarks totally unacceptable and wants to emphasise that Mrs Ashton is doing an outstanding job,” Wirtz said.

Meanwhile, Polish Minister of Foreign Affairs Radosław Sikorski tweeted his support:

@sikorskiradek  Critics of @VictoriaNuland worldwide: let him who has never used strong language in private cast the first stone.

In Kiev, Assistant Secretary Nuland also refused to comment “on a private diplomatic conversation” except to say “It was pretty impressive tradecraft. [The] audio quality was very good.” And so here we are:

GIF_prettyimpressivetradecraft

Check out Bloomberg View’s James Gibney (@jamesgibney) with count your blessing, that’s not one of our bumbling hacks – but:

And as to those who are shocked, just shocked, by the U.S. attempt to manipulate Ukraine’s opposition, this is exactly what diplomats at higher levels try to do: All the foreign ambassadors in Washington worth their pensions have salty, Machiavellian conversations with their superiors and colleagues about how to shape votes of the U.S. Congress. If you’re an American, be glad that pros such as Nuland are on the job, and hope that your other diplomats aren’t sitting around munching cucumber sandwiches in between demarches.

That said, here is one scandal that this intercepted call does point to, however: Were Nuland and Pyatt speaking, as they should have been, on the kind of encrypted phone designed for such discussions? If not, that’s a major diplo-no-no. If they were, and some foreign power still managed to crack the code, then Uncle Sam needs to invest in some new phones ASAP.

Continue reading Sometimes Diplomacy Needs the F-Word.

This is a congressional hearing just waiting to happen.  Where did you learn such language?  Who did what, where, when with these phones and how come you did not know that you were bugged?  Congress is always curious about those things.

Now, please do us a favor and stop sending us hate mail for Ms. Nuland.

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