Category Archives: Assistant Secretary

Churn News — Conflict & Stabilization Bureau’s Top Official to Step Down

– Domani Spero

 

Secretary Kerry was still on his around the world trip when his office released the following August 13 statement on Rick Barton’s resignation as Assistant Secretary for the Bureau of Conflict and Stabilization Operations (CSO).

After five years in the Administration, the last three as Assistant Secretary for the Bureau of Conflict and Stabilization Operations (CSO), Ambassador Rick Barton has announced his resignation, effective September 30.

Assistant Secretary Barton has provided bold leadership in establishing a new bureau to prevent and respond to conflict and crises worldwide, laying the groundwork for civilian-led efforts to break cycles of violence. Under Rick’s stewardship, CSO took on some of the toughest cases from Syria and Somalia to Honduras, Burma, Kenya and Nigeria. CSO delivered practical solutions through sound management that used the taxpayers’ money efficiently.

Rick will leave behind a legacy of impact and innovation, harnessing data-driven analysis and leveraging partnerships with local groups to tackle the root causes of destabilizing violence. His focus, creativity and optimism have made him a most welcome presence on my team as we work with our allies to resolve seemingly intractable conflicts.

I thank Rick for his vision and leadership, and I look forward to continued partnership with the stabilization team he has built at State.

More information on the Bureau of Conflict and Stabilization Operations is available on Twitter and Facebook. For more background on the State Department’s work on civilian security, democracy, and human rights, follow @civsecatstate or visit www.state.gov/j.

 

Wow, who writes this stuff?

Mr. Barton was actually confirmed on March 29, 2012 as Assistant Secretary of State for Conflict and Stabilization Operations. He assumed office on April 3, 2012. Previous to assuming his CSO position, he was with ECOSOC (See Officially In: Frederick Barton to UN ECOSOC).

His official bio says that in 2013, he received a Distinguished Honor Award from the Department “in recognition of your groundbreaking work to create the Bureau of Conflict and Stabilization Operations, promote peacebuilding and empower women, youth and other change agents seeking peaceful change in their communities and societies.”

In March 2014, the Office of Inspector General released its blistering inspection report (pdf) of the Bureau of Conflict and Stabilization Operations. The report gave us a sad and we blogged about it here. (See QDDR II Walks Into a Bar and Asks, What Happened to the Bureau of Conflict and Stabilization Operations?).  The 2014 OIG report famously noted CSO’s top management philosophy of “churn” to prevent people from staying in CSO for more than 3 years.

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Meet the New Special Representative for Afghanistan and Pakistan – Daniel Feldman

– Domani Spero

 

The State Department recently announced that Daniel Feldman succeeded Ambassador James Dobbins as the U.S. Special Representative for Afghanistan and Pakistan (SRAP).  Ambassador James Dobbins concluded his tenure July 31. The announcement says that SRAP Feldman spent his first official days as SRAP on travel to Kabul, Afghanistan where he “will reinforce President Obama’s message urging both candidates to continue their dialogue on the details of the political framework that they agreed to during Secretary Kerry’s last visit, and to accelerate the ongoing audit of ballots when it resumes August 2.”

 

Below is SRAP Feldman’s official bio via state.gov:

Daniel F. Feldman is the Special Representative for Afghanistan and Pakistan (SRAP). He has served in the S/SRAP office since its creation in 2009, first as deputy and then as principal deputy to Ambassadors Richard Holbrooke, Marc Grossman, and James Dobbins. He has been deeply engaged in all aspects of U.S. policy formulation and implementation for both countries, including overseeing political transition issues, economic growth initiatives, regional integration efforts, international engagement with key partners, strategic communications, and Congressional outreach. For his service in the S/SRAP office, he was awarded the Secretary’s Distinguished Honor Award by Secretary Clinton.

Before reentering government, he was a law partner and co-chair of the international Corporate Social Responsibility group at Foley Hoag LLP, the only such legal practice in the U.S. His previous government experience includes serving as Director of Multilateral and Humanitarian Affairs at the National Security Council in the Clinton Administration, and as Counsel and Communications Adviser to the U.S. Senate Homeland Security and Governmental Affairs Committee.

He was Senior Foreign Policy and National Security Advisor to the Kerry presidential campaign in 2004, communications advisor and recount attorney for the Gore campaign in 2000, and a senior campaign advisor to Senator Mark Warner. He helped to found, and subsequently served on the board of, the National Security Network, and is a life member of the Council on Foreign Relations. He has been appointed a White House Fellow and a Henry Luce Scholar, and was a law clerk on the U.S. Court of Appeals for the Ninth Circuit and on the South African Supreme (Constitutional) Court. He is a graduate of Tufts University, Columbia Law School, and Princeton University’s Woodrow Wilson School.

 

Last month,Alyssa Ayres, a deputy assistant secretary of state for South Asia during 2010–2013 argued that the departure of Ambassador Dobbins was the perfect time to fold SRAP back into the SCA bureau. “A seamless overview of U.S. relations throughout the SCA region, and the impact of the coming drawdown in Afghanistan, would be far easier to accomplish if our focused diplomacy towards Afghanistan and Pakistan was embedded within the South and Central Asia bureau.” SRAP is one of those offices that reports directly to the Secretary of State. Obviously, the SRAP office will remain a separate entity for the next couple of years or the Secretary would not have appointed a new SRAP. Remains to be seen what changes happen after the drawdown, or under a new administration in 2017.

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Confirmations: Wood (USCD), Nealon (Honduras), Shear (DOD/APSA)

– Domani Spero

 

On July 15, the U.S. Senate confirmed the following executive nominations for the State Department:

 

On July 17, the U.S. Senate also confirmed the nomination of Ambassador David Shear as Assistant Secretary of Defense for Asian and Pacific Security Affairs in the Department of Defense. Ambassador Shear was most recently the chief of mission at the U.S. Embassy in Vietnam.

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Swearing-In With JK: Matthew Tueller, Deborah Birx, Daniel Smith, Catherine Novelli, Charles Rivkin

– Domani Spero

Secretary Kerry recently sworn-in the following top officials in Foggy Bottom:

US Ambassador to Yemen – Matthew Tueller

Secretary Swears in Ambassador Tueller With his family looking on, U.S. Secretary of State John Kerry swears in Ambassador Matthew Tueller as the U.S. Ambassador to Yemen, at the U.S. Department of State in Washington, D.C., on May 8, 2014. [State Department photo/ Public Domain]

Secretary Swears in Ambassador Tueller
With his family looking on, U.S. Secretary of State John Kerry swears in Ambassador Matthew Tueller as the U.S. Ambassador to Yemen, at the U.S. Department of State in Washington, D.C., on May 8, 2014. [State Department photo/ Public Domain]

Ambassador-at-Large and Coordinator to Combat HIV/AIDS – Deborah Birx

Secretary Kerry Swears in Ambassador Birx U.S. Secretary of State John Kerry shakes hands with Deborah Birx after swearing her in as Ambassador-at-Large and Coordinator of the United States Government Activities to Combat HIV/AIDS at the U.S. Department of State in Washington, D.C., on April 25, 2014. [State Department photo/ Public Domain]

Secretary Kerry Swears in Ambassador Birx
U.S. Secretary of State John Kerry shakes hands with Deborah Birx after swearing her in as Ambassador-at-Large and Coordinator of the United States Government Activities to Combat HIV/AIDS at the U.S. Department of State in Washington, D.C., on April 25, 2014. [State Department photo/ Public Domain]

Assistant Secretary/Intelligence and Research (INR) – Daniel Smith

Secretary Kerry Shares a Laugh With Assistant Secretary Smith U.S. Secretary of State John Kerry shares a laugh with Daniel Smith and his family after swearing him in as the Assistant Secretary of State for Intelligence and Research at the U.S. Department of State in Washington, D.C., on April 24, 2014. [State Department photo/ Public Domain]

Secretary Kerry Shares a Laugh With Assistant Secretary Smith
U.S. Secretary of State John Kerry shares a laugh with Daniel Smith and his family after swearing him in as the Assistant Secretary of State for Intelligence and Research at the U.S. Department of State in Washington, D.C., on April 24, 2014. [State Department photo/ Public Domain]

Under Secretary/Economic Growth, Energy, and the Environment (E) – Catherine Novelli

Secretary Kerry Swears in Under Secretary Novelli U.S. Secretary of State John Kerry swears in Catherine Novelli as Under Secretary for Economic Growth, Energy, and the Environment at the U.S. Department of State in Washington, D.C., on April 22, 2014. [State Department photo/ Public Domain]

Secretary Kerry Swears in Under Secretary Novelli
U.S. Secretary of State John Kerry swears in Catherine Novelli as Under Secretary for Economic Growth, Energy, and the Environment at the U.S. Department of State in Washington, D.C., on April 22, 2014. [State Department photo/ Public Domain]

Assistant Secretary/Economic and Business Affairs (EB) – Charles Rivkin

Secretary Kerry Swears in Ambassador Rivkin as Assistant Secretary With his wife, Susan Tolson, looking on, U.S. Secretary of State John Kerry swears in Ambassador Charles Rivkin as Assistant Secretary for Economic and Business Affairs at the U.S. Department of State in Washington, D.C., on April 15, 2014. [State Department photo/ Public Domain]

Secretary Kerry Swears in Ambassador Rivkin as Assistant Secretary
With his wife, Susan Tolson, looking on, U.S. Secretary of State John Kerry swears in Ambassador Charles Rivkin as Assistant Secretary for Economic and Business Affairs at the U.S. Department of State in Washington, D.C., on April 15, 2014. [State Department photo/ Public Domain]

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Eek! Diplomats Union Opposes Creation of Under Secretary for Security — Badda bing badda boom?!

– Domani Spero

The American Foreign Service Association (AFSA), the Foreign Service union recently released its Security Recommendations from its QDDR Security Working Group.

The recommendations available here includes the following number one item:

“We are opposed to the creation of a new Under Secretary for Security. Cross cutting decisions involving security and achieving other national priorities need to be consolidated, not further divided.”

Whaaaaat?  Here is how the AFSA Security Working Group explains it:

Non-concurrence with Decision to Create new Under Secretary for Security 

The Benghazi ARB, the Report of the Independent Panel on Best Practices, and the OIG Special Review of the Accountability Review Board Process all focus on the need to tighten and better focus responsibility for security at senior levels. The independent panel report recommends the creation of a new undersecretary level position for security. We disagree.

The problem is not just security but finding the balance between risk, resources, and the accomplishment of national foreign policy objectives. The result, as the OIG report notes (pg. 4), is that contrary positions tend to be “represented respectively by the Under Secretary of State for Political Affairs and the Under Secretary of State for Management.” Creating a new undersecretary for security will do nothing to resolve this problem and, in fact, is likely to prioritize security over our reason for being in risky locations in the first place. The need is for a single location to reconcile the two perspectives and take responsibility for the resulting decisions. This could either be in the U/S for political affairs or, as the IG recommends, at the level of the Deputy Secretary level but it should not be in a new U/S devoted exclusively to security.

All three reports note the 14-year failure at consistent implementation of similar recommendations made previously. A significant challenge for Department leadership will be to put in place and maintain effective implementation mechanisms. Almost as important will be to convince its personnel that it continues to pay attention once the political heat dies down.

Can we just say that we disagree with AFSA’s disagreement? You really want the policy folks to have the last say on security?  Really?

We have reached out to AFSA to determine who were the members of this Working Group but have not heard anything back. (Have not heard back because no one wants to hear more questions about The Odd Story of “Vetting/Scrubbing” the Tenure/Promotion of 1,800 Foreign Service Employees in the U.S. Senate?)  We understand from interested readers that AFSA is reportedly saying these are not “policy prescriptions” and that “The papers were reviewed and approved by the AFSA Governing Board before they were submitted to the QDDR office at State.”

What is clear as day is that the diplomats union is now on record not just in non-concurrence but in opposing the creation of a new Under Secretary for Security.

Assistant Secretary of Diplomatic Security Gregory B. Starr was asked about this new position during his confirmation hearing, and here is what he said:

Prior to Mr. Starr’s nomination and subsequent confirmation as Assistant Secretary for Diplomatic Security, he was appointed to a non-renewable term of five years as the United Nations Under-Secretary-General for Safety and Security in 2009. As head of the UN’s Department of Safety and Security (DSS), he reported directly to the UN Secretary-General.

Mr. Starr’s response to the question on elevating Diplomatic Security to an under secretary position is perhaps not totally surprising.  In the org structure DS reports to M; M being one of the six under secretaries in the State Department.  Can you imagine how it would have been received in Foggy Bottom had he publicly supported the creation of the U/S for Diplomatic Security at the start of his tenure?

Meanwhile, Congress which is now on its 4,487th hearing on Benghazi and counting, has also not been a fan of elevating DS to the under secretary level.  Last year, this is what the HFAC chairman said:

“I won’t endorse a new undersecretary position until the State Department provides the committee with a compelling rationale,” Representative Ed Royce, a California Republican who is chairman of the House Foreign Affairs Committee, said. “More bureaucracy is not synonymous with effective security.”

Mr. Starr talks about access to the Secretary and his deputies, Congressman Royce talks about an expanding bureaucracy, and AFSA talks about “consolidation” at “P” or the Deputy Secretary level. The Dems think Pfftt and the GOP is basically still talking about those darn “talking points.”

No one is talking about fixing the “span of control” or the “organizational structure” that needs work.

We’re afraid that we’ll be back talking about this again, unfortunately, at some future heartbreak.

Diplomatic Security: Things were a changin’ in the 1980s

According to history.state.gov, the Department of State, by administrative action, established a Bureau of Diplomatic Security headed by a Director holding a rank equivalent to an Assistant Secretary of State on Nov 4, 1985. The creation of the new Bureau followed recommendations of the Advisory Panel on Overseas Security (the Inman Panel), which studied means of protecting Department personnel and facilities from terrorist attacks. Congress authorized the Bureau, to be headed by an Assistant Secretary of State for Diplomatic Security, in the Omnibus Diplomatic Security and Anti-terrorism Act of Aug 27, 1986 (P.L. 99-399; 100 Stat. 856).

What state.gov does not specifically say on its history page is that the creation of the DS bureau was a direct result of the bombing of the Embassy and Marine Barracks in Beirut, Lebanon in 1983.

This.

President Ronald Reagan (far left) and First Lady Nancy Reagan pay their respects to the caskets of the 17 US victims of the 18 April 1983 attack on the United States Embassy in Beirut. (Photo via Wikipedia from the Reagan Library)

President Ronald Reagan (far left) and First Lady Nancy Reagan pay their respects to the caskets of the 17 US victims of the 18 April 1983 attack on the United States Embassy in Beirut.
(Photo via Wikipedia from the Reagan Library)

In the short history of the bureau, there had been four FSOs appointed as assistant secretary and three non-career appointees.  The current assistant secretary, Mr. Starr is the first career security official to lead the DS bureau. Since its inception, the bureau has been relegated to the administrative and management bureaus.  FSO Robert Lamb who was Administration A/S in 1985 assumed duties as Coordinator of the Office of Security. He was designated Director of the Bureau of Diplomatic Security Nov 4, 1985 and appointed Assistant Secretary of State for Diplomatic Security on March 12, 1987.

According to this, Diplomatic Security is responsible for this:

Diplomatic Security  protects the lives of approximately 35,000 U.S. employees under Secretary of State and Chief of Mission authority worldwide, as well as the lives of approximately 70,000 family members of these employees. An additional 40-45,000 locally engaged staff (LES) are also protected during working hours. In sum, with 2,000 special agents, and its network of engineers, couriers, civil service personnel and other critical staff, DS successfully protects almost 150,000 employees and family members during business hours, and about 100,000 U.S. employees and family members around the clock. Approximately 275 foreign service posts abroad, comprising thousands of buildings and residences, also fall under the Department’s responsibility and the DS protective security purview.

Currently, the DS bureau is one of thirteen bureaus including Budget and Planning, Human Resources, Overseas Buildings Operations under the “M” family of offices in the Under Secretary for Management. In essence, the top security official at State is not a security official but a management official.

Badda bing badda boom – Reorganization Sorta Done

The State Department has now created a DAS for High Threat Posts.  The State Department could argue that it has done “DS reorganization” with the creation of a new DAS for High Threat Posts.

The new DAS position for High Threat Posts was announced in November 2012, even before ARB Benghazi issued its report. Did it show the State Department’s quick response  ahead of the curve? Absolutely. The ARB report would later call the creation of the DAS HTP as a “positive first step.” 

Congress was partially mollified, something was being done.  

Just because something is being done doesn’t mean what is being done is what is needed or necessary.

We’ve learned in the Nairobi and Tanzania bombings that those missions were not even high threat posts when they were attacked. Also, in the August 2013 closure of posts in the Middle East and North Africa due to the potential for terrorist attacks, only four of 19 were designated as high threat posts.  And when we last blogged about this, six of the 17 reported new high threat posts  have zero danger pay.  

So why an office and a new DAS for HTP?

We think that the creation of a new DAS for HTP was a band-aid solution that everyone could get behind.  It did not encroach on anyone’s turf, no one had to give up anyone or anything, it did not require new money from Congress, it’s a new desk in the same shop, under the same old structure. It could be done cheaply and fast. Add a well-respected DS agent as A/S and tadaaaa — badda bing badda boom – reorganization sort of done!

 

Elevating Diplomatic Security — A 14-Year Old Idea Comes Back

Elevating Diplomatic Security in placement and reporting  within the State Department is not a new idea. The Accountability Review Board following the twin bombings of the the US Embassies in Nairobi and Tanzania recommended  in January 1999 that “a single high-ranking officer [be] accountable for all protective security matters.”

13. First and foremost, the Secretary of State should take a personal and active role in carrying out the responsibility of ensuring the security of US diplomatic personnel abroad. It is essential to convey to the entire Department that security is one of the highest priorities. In the process, the Secretary should reexamine the present organizational structure with the objective of clarifying responsibilities, encouraging better coordination, and assuring that a single high-ranking officer is accountable for all protective security matters and has the authority necessary to coordinate on the Secretary’s behalf such activities within the Department of State and with all foreign affairs USG agencies.

The ARB Nairobi/Tanzania was not talking about an assistant secretary, since that position was already in existence since 1985. It clearly was talking about a higher ranking official accountable for security.

August 1998:  The U.S. Embassy in Dar es Salaam, Tanzania, in the aftermath of the August 7, 1998, al-Qaida suicide bombing. Eleven Tanzanians, including 7 Foreign Service Nationals, died in the blast, and 72 others were wounded. The same day, al-Qaida suicide bombers launched another near-simultaneous attack on the U.S. Embassy in Nairobi, Kenya, which killed 218 and wounded nearly 5,000 others. (Source: DS Records)

August 1998: The U.S. Embassy in Dar es Salaam, Tanzania, in the aftermath of the August 7, 1998, al-Qaida suicide bombing. Eleven Tanzanians, including 7 Foreign Service Nationals, died in the blast, and 72 others were wounded. The same day, al-Qaida suicide bombers launched another near-simultaneous attack on the U.S. Embassy in Nairobi, Kenya, which killed 218 and wounded nearly 5,000 others. (Source: DS Records)

In fact, in the aftermath of the East Africa twin bombings, there was a move to consolidate security and threat intelligence functions under one entity, the Under Secretary for Security, Law Enforcement & Counter Terrorism and having Diplomatic Security report directly to the Secretary of State.

The Cohen-Albright memo proposed combining pertinent security and threat intelligence units into one single unit within the new DS (operational threat intelligence functions of Intelligence & Research (INR), DS Intelligence and Threat Analysis (DS/ITA), and the threat analysis unit of Counter—Terrorism (S/CT). The rationale for this?  That “this will ensure that we have one single entity within the Department responsible for all operational security and threat intelligence, and it also establishes clear, formalized lines of communication and accountability on threat matters with the IC and the Department.”Currently, INR continues to reports directly to the Secretary, CT reports to (J) and ITA remains at DS.

One change that did happen as a result of the twin bombings  was the relocation of RSOs reporting authority from Management Counselors to the Principal Officers at overseas posts.  The (M) at that time, Bonnie Cohen instructed posts that RSOs must now report to, and be evaluated by, DCMS or Principal Officers, rather than their current reporting relationship to administrative counselors. In her memo to Secretary Albright, she wrote: “This will elevate the role of security at posts, ensure that senior post management are engaged in the decision making process of security/threat issues, and establish clear lines of accountability, responsibility and communication. This will correct a number of problems that have arisen by having DS personnel part of the administrative section at post.” See the Cohen to Albright memo here (pdf).

The May 5, 2000 action memo from DS which was approved by Secretary Albright called for placement of  the Bureaus of Diplomatic Security (DS) , International Narcotics and Law Enforcement(INL) and the then Office of the Coordinator for Counter-Terrorism (CT) under this newly created Under Secretary. INL and CT currently reports to the Under Secretary for Civilian Security, Democracy, and Human Rights (J). The new under secretary position proposed and approved in 2000, an election year, never materialized. Secretary Albright was in office until January 19, 2001.  A new administration came into office and in January 20, 2001, Colin L. Powell was appointed Secretary of State by George W. Bush.  See the Carpenter to Albright memo here (pdf).

Similarly, following the Benghazi attacks, the Accountability Review Board Benghazi made the following recommendation in December 2012:

2. The Board recommends that the Department re-examine DS organization and management, with a particular emphasis on span of control for security policy planning for all overseas U.S. diplomatic facilities. In this context, the recent creation of a new Diplomatic Security Deputy Assistant Secretary for High Threat Posts could be a positive first step if integrated into a sound strategy for DS reorganization.

At the Transfer of Remains Ceremony to Honor Those Lost in Attacks in Benghazi, Libya. September 14, 2012. State Department photo by Michael Gross

At the Transfer of Remains Ceremony to Honor Those Lost in Attacks in Benghazi, Libya. September 14, 2012. State Department photo by Michael Gross

 

The Independent Panel on Best Practices was the result of the ARB Benghazi recommendation that the State Department established a Panel of outside independent experts with experience in high threat, high risk areas to support the Bureau of Diplomatic Security, identify best practices from other agencies and countries and regularly evaluate security platforms in high risk, high threat posts.  The panel headed by former USSS Director Mark Sullivan made one thing clear:

“One clear and overarching recommendation, crucial to the successful and sustainable implementation of all of the recommendations in this report, is the creation of an Under Secretary for Diplomatic Security.”

Aaand, we’re back exactly where we were in the late 1990s when  Booz Allen was asked to look under the rocks on all security concerns about the Department cited in the Inman Panel Report and Admiral Crowe’s Accountability Review Boards and tasked with providing recommendations and best practices to the State Department.

Do you get a feeling that we’ve been going round and round in circle here?

 

Under Secretary for Diplomatic Security – Signed, Sealed, Delivered – and Ignored?

We should note here that the  Independent Panel on Best Practices (IPoBP) report is not locatable at the State Department’s website.  The August 2013 report is available here via Al Jazeera. U.S. taxpayers paid for the Panel members to  go look under the rocks, interview hundreds of people, write up their report, and the report is only retrievable from AJAM? Seven months after the report was issued, the State Department’s Deputy Secretary Heather Higginbottom met with members of the Best Practices Panel on March 26, 2014.

These two items tell us the clear importance placed by the bureaucracy on the recommendations of outside independent experts. It’s like — it’s done, now go away.

We suspect that had the Independent Panel on Best Practices report did not make it to AJAM, we may not have been able to read it. A copy was also given to The New York Times by someone who felt it was important to publicize the panel’s findings on diplomatic security.

The Best Practices report says that “crucial to the successful and sustainable implementation of all of the recommendations in this report, is the creation of an Under Secretary for Diplomatic Security.”

If this position is created, it would be the seventh under secretary position at the State Department. It would join two other “Security” bureaus: Arms Control and International Security (T) and Civilian Security, Democracy, and Human Rights (J). It would be at par with its previous home, Management (M). It would be on equal footing with Political Affairs (P). It would control a significant security budget and about 2,000 special agents, and its network of engineers, couriers, civil service personnel , other critical staff and contractors. It could draw bureaus from other under secretaries, similar to the ones approved in 1999 and never implemented, into the DS orbit.  Most importantly, it would report directly to the Secretary of State:  one accountable security official with the authority necessary to manage on the Secretary’s behalf security matters  within the Department of State and with all foreign affairs USG agencies.

That’s a lot of change. There will be tooth and nail fights on lots of corridors.  The new Deputy Secretary Higginbottom will have lots of friends who will borrow her ears. And the bureaucracy will go on self-preservation mode.

One good news if this happens?  There will be no pointing fingers at each other when something horrible happens.  We’ll have one accountable official to drag before Congress.

Speaking of “T” and “J”, a diplomatic security agent asked, “Does that mean we give more importance to ‘international security’ and ‘civilian security’ than we give to our own personnel?”

Does it?

 

DS Doesn’t Need to be in the Room?

At posts overseas, the Regional Security Officer reports to the Ambassador not the Management Counselor (see the Cohen  to Albright memo here).  The Best Practices report notes that this  “direct line of authority from the Ambassador to the RSO, utilizing the Country Team and Emergency Action Committee when necessary, was seen as critical to effective post security management and responding to dynamic threats.”In part, the report says:

[A]t the headquarters level, the same clear lines of authority and understanding of responsibilities are not as well defined or understood. This has led to stove-piped support to posts and lack of understanding of security related coordination requirements among DS, the Under Secretary for Management, and the Regional Bureaus, as noted by the Benghazi ARB. In fact, some senior Foreign Service officers and DS Agents who met with the Panel identified the Under Secretary for Management (M) as the senior security official in the Department responsible for final decision making regarding critical security requirements.
[...]
Among various Department bureaus and personnel in the field, there appeared to be very real confusion over who, ultimately, was responsible and empowered to make decisions based both on policy and security considerations. “
[...]
Diplomatic Security is only one of eleven diverse support and administrative functions reporting to the Under Secretary for Management. This is a significant span of control issue and, if unaddressed, could contribute to future security management failures, such as those that occurred in Benghazi.

 

So moving DS into an under secretary position under S simply mirrors what is already happening at posts overseas. Except that like everything else in a bureaucracy, it’s complicated.

AFSA says that creating a new under secretary for security will not resolve the contrary positions that typically resides between Management (M) and Political Affairs (P) and would “likely result in prioritizing security” over the reason for being in risky locations in the first place.

A DS agent who supports the creation of a U/S for DS explained it to us this way:

“What they really mean is that security considerations raised by a DS U/S would have to be given equal  weight to the other reasons for being in a risky location.”

What we’re told is that all the other under secretaries and assistant secretaries have to do right now is convinced “M” that they need to be at location X.  They do not need to work with DS at all. “When  D is getting briefed, DS doesn’t even have to be in the room.” 

Now, that might explain why DS professionals have very strong feelings about this.

So what if it’s going to be a three-way bureaucratic shootout?

You might have heard that Benghazi has flared up once more.  Take a look at this screen grab from one of the emails recently released via FOIA by the State Department to Judicial Watch.  Who’s missing from this email?

Screen Shot 2014 email fogarty

A Staff Assistant to the Secretary, received an update from the A/S NEA about Benghazi and passed on the update to the senior officials in Foggy Bottom. You’d expect an update from a diplomatic security official, but as you can see in the email header, neither the sender nor the source of this email is even Diplomatic Security.

One more thing –we have occasionally heard what goes on at posts before it goes on evacuation. At one post, the Front Office did not want to go on evac because it was concerned it would become an “unaccompanied post” and thereafter limit the quality of bidders it would get during the assignment season. The decision whether post should go on authorized or ordered departure does not reside with the security professionals but with management and geographic officials.

So basically, if this  U/S for Security position becomes a reality, instead of a bureaucratic shootout between P and M, there would be a three-way shootout between P, M and DS.  In addition to policy  and resource consideration, the bureaucracy will be expected to give security considerations equal  weight when standing up a presence in a risky location or on any matter with a security component.  If the three could not sort it out, the Deputy Secretary or the Secretary would have the last say.

The Best Practices Panel says that “An effective security function must be co-equal to the other organizational
components and have a “seat at the table” to ensure strategic accountability, common understanding of risk, and corresponding mitigation options and costs.

Frankly, we cannot find a reason to argue with that, can you?

Are we doing this again in 2025?

Here is a blast from the past:

The Under Secretary would coordinate on your behalf all operational threat intelligence and security issues with other USG agencies.[...] This reorganization offers better command, control and accountability of Departmental security functions and responsibilities; streamlines the flow of security and threat intelligence information with DS as the focal point for the intelligence agencies; sends a strong signal to the Hill and others that we are taking security seriously by this reorganization; addresses the ARBs‘ findings; and institutionalizes the security apparatus at State to reflect a robust, progressive and disciplined approach to security, which is unaffected by political or personal preferences.

 That reorganization was never implemented. And here we are back to where we were some 14 years ago.

Are we going to do this again in 2025?

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P.S. We’d be happy to put together the top ten reasons for and against the creation of an Under Secretary of  for Security. Send your contributions here by this Friday. The names of contributors, for obvious reasons, will not be published. If we get enough submissions, we’ll blogit.

 

Related items:

Report of the Accountability Review Boards on the Embassy Bombings in Nairobi and Dar es Salaam on August 7, 1998 | January 1999: http://www.fas.org/irp/threat/arb/accountability_report.html

Accountability Review Board (ARB) Report on Benghazi Attack of September 11, 2012 (pdf) (Unclassified) December 2012 | More documents here: http://www.state.gov/arbreport/

The Independent Panel on Best Practices | August 2013 (pdf) via Al Jazeera

 

 

 

 

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Filed under AFSA, Assistant Secretary, Diplomatic Attacks, Diplomatic Security, Evacuations, Foreign Service, Functional Bureaus, Govt Reports/Documents, Leadership and Management, Lessons, Realities of the FS, Secretary of State, Security, State Department, U.S. Missions, Under 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:

Screen Shot 2014-04-21

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!

 

Screen Shot 2014-04-20

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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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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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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