Agenda Magasin, an online magazine for political analysis and commentary based in Oslo recently published, “Congress, send Norway an ambassador” by Thor Steinhovden. Below is an excerpt:
Norway has never gone this long without an American ambassador at the U.S. Embassy in Oslo. Norwegians may now face the scary scenario of Donald Trump sending a representative, three years too late.
In September 2013 the American Ambassador to Norway, Barry White, completed his posting and left the country. 840 days later the United States has yet to send a replacement. That’s more than 120 weeks, or over two years and three months. Now, Norway risks having to wait until spring 2017. In other words, our closest ally will then have neglected to send a presidential representative for over three years.
The story behind this failure is complicated, but illustrates a political situation in the U.S. that is crippling the president’s ability to effectively carry out foreign policy. The story includes a failed nomination, “The Nuclear Option”, the P5+1 Iran deal, and not at least, the race for 2016.
For many Norwegians it probably seems both odd and incomprehensible that one of the world’s superpowers cannot manage such a simple task as to deploy an ambassador to a close ally like Norway. It becomes more incomprehensible when one considers the fact that the hold-up is not related to neither the candidate, nor the bilateral relationship.
If Donald Trump or Ted Cruz then occupy the White House, Norway may find itself welcoming a completely different character than Sam Heins. I believe most Norwegians agree with me that it is probably best for all of us if we avoid that scenario. It is time: Congress, send Norway an ambassador!
The article is a pretty good account of what happened to the nominations dating back to 2013 when the initial nominee melted down on C-SPAN.
We don’t know if the Heins nomination will make it through the Senate, but even if it does get a full vote, and Mr. Heins gets to Oslo, this is an election year. There will be a new occupant in the White House come January 2017. All ambassadors –including Mr. Heins if he gets confirmed this year — resign their positions following a change in Administration. The resignations of career ambassadors are typically almost always refused, while those of political appointees are almost always accepted. Which means, unless the nominations of political ambassadorships get confirmed soon, the window of opportunity is winding down. At some point, it becomes a waste of resources to pack and ship an ambassador designate’s household effects if he/she gets to serve as chief of mission for only a few months; that is, only to pack out again after the November 2016 elections. Of course, it can be done, we just can’t recall an example, but would folks really subject themselves to such a relocation for a short-term ambassadorship? We’ll have to wait and see.
The January issue of the Foreign Service Journal is out. The issue is focused on mental health care for the Foreign Service. Dr. Samuel Thielman, a recently retired regional medical officer/psychiatrist for the Department of State writes about how MED’s mental health program has grown and evolved over the years to address the unusual needs of FS employees and their families serving overseas in The Evolution of State’s Mental Health Services. Chantay White, the chief of the Employee Assistance Program with the State Department Employee Consultation Services and Paulette Baldwin, a Licensed Clinical Social Worker write about Mental Health and ECS—What You Should Know. Dr. Stephen A. Young, the director of Mental Health Services for the State department since September 2015, writes aboutThe Face of Mental Health Services Overseas.
One part of the bureaucracy that is glaringly missing here is, of course, Diplomatic Security. A majority of these comments express concern about DS and security clearance. The most instructive part is probably the section on MED/MHS Checkup: Foreign Service Members Weigh In that offers very candid views from people in the field.
The FSJ writes that the compilation includes 45 responses from FS members in Washington, D.C., and overseas, some entry-level and a few retired, from the foreign affairs agencies, primarily State and USAID. The gender split was about even. “Due to the sensitive nature of the topic, and known concerns about privacy, we took the unprecedented step of offering to print comments without attribution,” the editors write.
Some excerpts below, each paragraph selected from a separate FS member response. The last one It’s No Joke is in full; the contributor appears to be part of US Mission Libya following the 2012 attacks. The full comments are available to read here.
“Dealing with the bureaucracy after having sought mental health treatment is itself enough to cause PTSD.”
“Senior officers, in particular, need to set the example by ensuring that their employees understand that a mental health issue, like any ailment, is best addressed early. Until they do, we will all still sign notes like this as… Anonymous.”
“During a rough patch in a relationship, my partner and I sought couples counseling. When my security clearance was up for renewal, I was grilled by the investigator regarding this counseling. I had to defend myself for wanting counseling, and the harsh and critical tone she took for me wanting to do what I needed for my relationship was upsetting. I got the clearance, but it was a stressful process.”
“After service in Iraq, there is no doubt in my mind that I suffered from PTSD. Now (several years later), I see my symptoms as both classic and obvious. At the time I was suffering, however, I hid my symptoms out of fear that knowledge that I suffered from PTSD would harm my career. That concern was heightened by the intense questioning I endured by a Diplomatic Security agent conducting a security clearance update when I was serving in Iraq. When it became known that I had sought mental health care, I was hassled and forced to repeat the content of a private discussion with a mental health professional to a DS agent with zero mental health training. I found the entire episode both distasteful and inappropriate.”
“My mistake—I was told by MED that I’d be given a Class 2 because of seeking continued therapy. I thought that showing that I’d made arrangements for my mental health would ensure a Class 1, but instead that’s what gave me the Class 2. Geez, why be honest with MED—it could have cost me my assignment.”
“I met with a therapist who told me he never wrote anything down because all of his FS clients were terrified of getting caught seeking assistance for their stress-related problems. It’s sad. Concerns about security clearances have a big effect on whether or not I seek mental health care.”
“I feel that if I had declared myself an alcoholic I would have gotten more attention from MED than when I was traumatized and sat in my office working, feeling like an isolated zombie.”
“Once I joined the Foreign Service, I could easily understand why there is an impression that the Service has an alcohol abuse problem—it’s self-medication that is easy to hide from a clearance process. I find that distressing and disturbing and extremely unsupportive.”
“Despite former Secretary of State Hillary Clinton’s message a few years ago telling employees that their clearance will not be affected by seeking mental health treatment, that is not what happens in practice. DS investigators zero in on this, considering it a red flag, as if mental health were any different than physical health.”
“No matter what management says about the importance of mental health, if there are no real changes, then the Foreign Service will continue to be an ineffective and unsupportive mental health environment.”
“You also do not know who the regional psychiatrist’s client really is: you or the State Department? Does a psychiatrist see you as a patient who needs help or just a problem for the Foreign Service best remedied by removing you from post?”
“The mandatory out brief improved between the time I returned from Afghanistan in 2007 and 2012, when I returned from Iraq. However, both times I was told that the symptoms in the PTSD questionnaire are normal for six months and not to worry unless they persist. (And I was offended when taken aside after the briefing and asked how pervasive I thought infidelity was in Baghdad.)”
“During the onward assignments process, MED refused to consider my needs as identified by my therapist, instead assigning me to a post where there was no one in-country who could serve as an appropriate psychiatrist. There, I raised an issue of concern with the health unit nurse, who in turn shared it with the management officer, who then told my supervisor that I was “nuts.” This was not only a violation of my privacy; it reflected total ignorance on the management officer’s part of what PTSD and its symptoms are.”
“I would rate the mental health support at 3 out of 10, with 10 being the best. Working in a high-stress post that was not a “high-threat” post, my colleagues and I were given limited support in a time of crisis.”
“I am grateful for the mental health assistance available to me. If it weren’t for grief counseling, I would have qualms about seeing the RMO/P, because I’d need to disclose this in the five-yearly security update. And while that disclosure might not affect my security clearance, I still think there’s a stigma attached to the fact that I needed mental health assistance.”
“As a veteran of two priority staffing post (PSP) tours—one in Iraq (2007–2008) and the other in Afghanistan (2013–2014)—my experience with transition support has been abysmal. Just getting authorization to attend out briefings and to access mental health services was impossible.”
“I am not concerned about medical and security clearances as they relate to mental health care. Most people have seen a therapist at one time or another, and I don’t think it would affect a security clearance. But corridor reputation is a concern. Even when people need to talk to a mental health professional, they’re more worried about their corridor reputation and often won’t seek help due to the stigma of being “weak.”
“In my final post, when I had finally had enough bullying from my fourth bully boss (three of whom were DCMs and one a GS-15), I worked with the regional psychiatrist who prescribed two anti-anxiety/anti-depressants and a sleeping pill to help me cope. I sought assistance from the ombudsman, but received no help, so I resigned.”
“I had discussed my mental health with the regional psychiatrist during his visits, but he just gave me Xanax and told me panic attacks were normal. He asked me about work-related stress, but reported the results of our meetings with post leadership, contributing to my stress.”
“When State does not actively intervene in cases of abusive behavior, managers are given the impression that they have carte blanche to do whatever they want. Even if victims get mental health care afterwards, the damage has been done. From what I hear, the problem is getting worse and more widespread. It doesn’t have to be this way. Instead of sending out feel-good cables on workplace atmosphere and bullying, put policies in place that have real teeth. A zero-tolerance policy for workplace bullies, administered neutrally and enforced by D.C., would lead to an instant decrease in unacceptable behaviors and the resulting damage they cause.”
It’s No Joke
The first MED-directed mental health intervention that was provided in Tripoli after the Benghazi attacks on Sept. 11, 2012, was a video conference in April 2013, conveniently less than a week before the Director General arrived for a visit to Libya. Prior to that, the only service provided was a discussion with the nurse about “fostering resiliency” several months after the attack…hardly a useful assist.
The half-day course for those returning from hardship posts is a joke. I took it after my first (!) unaccompanied tour (UT), and both the instructor and some of the other students made fun of me for enrolling, since at the time my tour was seen as one of the “cupcake UTs,” without an active war going on outside the embassy walls. I refused to take the course after my second UT. No one from HR or my bureau asked if I’d taken it or even how I was doing after the second UT.
An RMO/P made fun of some of my coworkers in a high-stress, high-threat post that happened to be a popular destination for American tourists. He told them that they had no idea what serving in an actually difficult post was like, comparing it to the regional city where he was based. Never mind the fact that almost every person at that highly desirable but still challenging post got there via a tour in Iraq or Afghanistan.
I have neither respect for nor faith in MED’s mental health efforts. As long as MED is staffed with people who see mental health as an inconvenience, supported by State leadership (from the very top down) who barely pay lip service to mental health and a work-life balance, there’s no hope for anyone who suffers in the aftermath of an emotionally catastrophic tour abroad. At least there is solidarity among those who survived terrible times abroad.
Below is an excerpt from Richard E. Thompson’s Oral History interview conducted by Raymond Ewing on April 16, 2001. He had been to every place with a US presence including the longest trip he did as a diplomatic courier to West Africa that took 59 days. Mr. Thompson joined the State Department as a diplomatic courier in 1965. He retired in 1997. We are currently in an upcycle but no doubt, the down cycle is only a few years away.
It was Vice President Gore’s Strategic Management Initiative, SMI, reinventing government. As part of his Strategic Management Initiative our assistant secretary, Tony Quainton, decided that we would cut down the frequency of courier service throughout the world. Sometimes we would cut down where we would have courier service twice a week, we would cut down to once every other week. It was an enormous, enormous slice. And so, as a consequence, we had to change everything around, all of our schedules, everything had to be changed around. So what we did, we sent individually tailored telegrams around to every post in the world, telling them what we intended to do and asking them if they had any input or any objections or any problems with it. We put in the telegram that this was from the highest level, Vice President Gore, that we were mandating this. And we got all of these telegrams back and we made up a series of hypothetical trips to accomplish this downsizing and it took several months. I was involved in meeting with very senior people. I chaired these meetings, explaining to them how this would affect them. Then, as a practical matter, I had to deal with the regional diplomatic courier officers who were afraid that they would not be able to handle such bulk because if you only go every other week instead of twice a week, you are going to have heavy loads, and you already have heavy loads to such an extent that sometimes it couldn’t even get on these airplanes. So we had to establish a series of backup flights and new schedules for the courier service throughout the whole world as a result. So we downsized. We were able to eliminate jobs. We eliminated six jobs in our organization because of this, and we pulled it off quite well, I thought. Sometimes we had to charter planes. We didn’t entirely agree with this because we could see that is was not really going to save a lot of money because we would simply have to move material other ways at more expense. But we accomplished this. Then about two years later, when they had the bombings in Nairobi, they decided to beef up the Bureau of Diplomatic Security again. These things go in cycles. So they decided they were going to increase the frequency of courier service. So, we had to start all over again and start hiring more people and increase the frequency, where before we were going once a week we would go twice a week to some places. So we had a complete switch.
This happened throughout my career in government. You would see these things going on. The interesting thing was that some of the people who took credit for that first downsizing also took credit, these same individuals, also took credit when we increased the service, because they were increasing the efficiency in both cases.
🍗 Happy Thanksgiving Day everyone! Thank you for your continued support this year. I am grateful for your making this blog a part of your day.To our champions, I am here because you were there for me. I am grateful for your unending encouragement. Thank you all for making this year possible!
Below is a round-up of Thanksgiving Day celebrations around the Foreign Service. Giving thanks to the men and women representing America at our diplomatic missions around the world. They have in the past, served meals at community centers, served meals to local embassy and consulate staffers, hosted Peace Corps volunteers away from their homes, and more than a few have cooked/brought meals to Americans incarcerated overseas during the Thanksgiving holidays. — D
US Embassy Wellington, New Zealand
Ambassador Mark Gilbert and staff hosted the traditional Thanksgiving dinner at the Downtown Community Ministry in Wellington.
“Embassy behind the scenes: We just had a Weapon of Mass Destruction exercise at the Embassy, where everyone got to test their gas masks. Security is something we take seriously, but there’s no reason not to smile while practicing our routines.”
Three sources informed us that the new CG slated for Istanbul is a newly minted FS-01. For some readers not familiar with Foreign Service ranking, that’s the topmost rank in the Foreign Service below the Senior Foreign Service. An FS-01 is equivalent in rank to a colonel in the U.S. military. Counselor, the lowest rank in the Senior Foreign Service is equivalent in rank to a one star general in the U.S. military. One source put it this way:
While it’s a bit unusual that CDA would grant a senior cede to allow [snip](an FS-01) to take such a high profile SFS job, [snip] was Executive Assistant to the Secretary. I imagine that helped with HR. Some would argue that’s a bit of a scandal (not me though…) but I think we can all agree, even if that is a scandal, it’s a lot less of a scandal, than a political appointee taking that job.
So the good news is that the WH/State Department is not sending an Obama bundler to assume the Consul General’s position in Istanbul. Yo! We can hear your collective sigh of relief all the way here! But we can also hear all the drama going on.
CDA is the Office of Career Development and Assignments at the State Department’s Bureau of Human Resources. Since this is a stretch assignment across the senior threshold (think colonel assigned to a general’s position), this would require what’s called a “senior cede” which HR/CDA/SL usually grants only after determining that no senior employee is seeking the senior position.
Seriously, no senior diplomat of the C, MC or CM kind asked to go to Istanbul? Who believes that? Or perhaps the more interesting question is who drove the John Deere high speed dozer to clear the obstacle path from the 7th Floor to Istanbul?
Here’s the Hiawatha by the way, at a ready in Istanbul for whoever ends up going there.
A separate source informed us that the next Consul General to Istanbul was not only a previous member of Secretary Kerry’s staff, the staffer also worked for an Executive Secretary of the State Department. That Executive Secretary is now the U.S. ambassador to Turkey.
We understand that there was “a ton of drama” associated with this assignment. “Crammed down EUR’s throat,” that is, the Bureau of European and Eurasian Affairs’ throat, we heard. There are apparently, “heartaches” in Foggy Bottom related to this appointment. Another alleged that the assignment was done through “irregular means” and that the “job wasn’t announced in FSBid” among other things.
And just like on teevee, there’s more.
CG Istanbul is a language designated position. That means you either need to already know Turkish or must get the Turkish language level required for the job. Allegations have also surfaced that the State Department has now reportedly waived the language requirement for this position. Language waivers are not unheard of, of course, but … given what’s going on in Turkey ….
Say, is this the best the State Department can do for its diplomatic post and staff in Istanbul?
Our man in Istanbul, Chuck Hunter has been an FSO since 1990, so he has some 25 years of experience in the Foreign Service. He was Public Affairs Officer at the U.S. Embassy in Baghdad, Iraq (2011-12) and served in Damascus as Deputy Chief of Mission and Chargé d’Affaires of the U.S. Embassy to Syria (2009-11). He previously worked in Cairo, Tunis, Muscat and Jerusalem. In addition to various D.C. tours, he also served as the Babil Provincial Reconstruction Team Leader, based in Al-Hillah, Iraq. He speaks Turkish, Arabic and French.
The principal officer in Adana, the smallest constituent post in Turkey (with four direct hire employees) is Linda Stuart Specht who assumed her duties last August. She has been an FSO since 1989. She has spent about 26 years in some difficult and dangerous places around the world. She previously served in positions in U.S. missions in Iraq, Afghanistan, Cameroon, Vietnam, Papua New Guinea, and Suriname. Her most recent previous assignments were as Deputy Director of Pakistan Affairs (2012-2014), Director of the Office of Economic Sanctions and Counter Terrorism Finance (2011-2012), and Deputy Director for Arabian Peninsula Affairs (2009-2011). She speaks Turkish, Dutch, French, and Vietnamese.
We should note that the Consulate General in Istanbul is actually larger than many embassies around the world. So, it looks like next year, an FS-01 will oversee U.S. Government relations in a city that is the commercial, financial, cultural, educational, and media capital of Turkey. The same official will also supervise other FS-01s in Istanbul. The last time we’ve seen a midlevel official successfully appointed to a similar high profile posting was in 2005 when an FS-02 became an Assistant Secretary for Public Affairs.
In any case, back in the fall of 2014, there was also a rumor that a staffer from the Under Secretary for Political Affairs, (the Department’s fourth-ranking official), allegedly wanted the Iran Watcher position in London. (see Is This Iran Watcher London Position Not Bidlisted About to Go to a “P” Staffer?). After a fuss was raised, the job apparently went to an FSO. Another Iran Watcher job was reportedly then created in Amsterdam. But there was an Iran Watcher already in language training whose assignment to Erbil, Iraq was cancelled; that individual eventually ended up with the Amsterdam assignment.
Assignments on the 7th floor must be quite hazardous and perilous. One staffer almost end up in London, then Amsterdam, and now one is reportedly going to Istanbul. Who’s next? Secretary Kerry’s pilot as the next Consul General to Bora Bora? Yes, we know there is no CG Bora Bora … well, not yet, anyway.
It’s a good thing that the State Department as an institution has “embraced” what is apparently “an overarching set of Leadership Principles” contained in 3 FAM 1214. This part of the FAM talks about supervisors and managers having “a unique opportunity and responsibility to lead by example.”
“I am proud that I found a constructive way to take a stand on an issue that matters to me. But I can’t help wondering what the department would look like if there were more of us willing to speak up about issues that matter, large and small, regardless of whether or not we think we can actually change anything. Or as one senior officer pointed out to me, we dissent every day—but the difference is whom we dissent to and how far we are willing to go with it. At heart, it’s a question of integrity. Sometimes just adding your voice is enough.”
On August 24, 2015, State Dept. Spokesman John Kirby told CNN: “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email.” Below is the video clip with Mr. Kirby.
Okay, then. Would somebody please get the State Department to sort something out. If there was no prohibition on then Secretary Clinton’s use of a private email, why, oh, why did the OIG inspectors dinged the then ambassador to Kenya, Scott Gration for using commercial email back in 2012? (See OIG inspection of US Embassy Kenya, 2012).
In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business. In addition, OIG identified instances where emails labeled Sensitive but Unclassified6 were sent from, or received by, personal email accounts.
OIG has previously reported on the risks associated with using commercial email for official Government business. Such risks include data loss, hacking, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. Department policy is that employees generally should not use private email accounts (for example, Gmail, AOL, Yahoo, and so forth) for official business.7 Employees are also expected to use approved, secure methods to transmit Sensitive but Unclassified information when available and practical.8
OIG report referenced two cables, we’ve inserted the hyperlinks publicly available online: 11 STATE 65111 and 14 STATE 128030 and 12 FAM 544.3, which has been in the rules book, at least since 2005:
“It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”
This section of the FAM was put together by the Office of Information Security (DS/SI/IS) under the Bureau of Diplomatic Security, one of the multiple bureaus that report to the Under Secretary for Management.
Either the somebodies were asleep at the switch, as the cliché goes, or somebody at the State Department gave authorization to the Clinton private server as an Automated Information System.
In any case, the State Department’s stance on the application of regulations on the use of private and/or commercial email is, not wobbly jello on just this one subject or on just this instance.
One of those eight cases relate to an allegation of soliciting a prostitute.
The Foreign Affairs Manual (FAM) provides that disciplinary action may be taken against persons who engage in behavior, such as soliciting prostitutes, that would cause the U.S. Government to be held in opprobrium were it to become public.1
In May 2011, DS was alerted to suspicions by the security staff at a U.S. embassy that the U.S. Ambassador solicited a prostitute in a public park near the embassy. DS assigned an agent from its internal investigations unit to conduct a preliminary inquiry. However, 2 days later, the agent was directed to stop further inquiry because of a decision by senior Department officials to treat the matter as a “management issue.” The Ambassador was recalled to Washington and, in June 2011, met with the Under Secretary of State for Management and the then Chief of Staff and Counselor to the Secretary of State. At the meeting, the Ambassador denied the allegations and was then permitted to return to post. The Department took no further action affecting the Ambassador.
OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.
Department officials offered different justifications for handling the matter as a “management issue,” and they did not create or retain any record to justify their handling of it in that manner. In addition, OIG did not discover any guidance on what factors should be considered, or processes should be followed, in making a “management issue” determination, nor did OIG discover any records documenting management’s handling of the matter once the determination was made.
The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3
DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.
Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5
OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6 In addition, OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.
In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter.
After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).
During the course of that review, State/OIG said it discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials.
The OIG apparently, found no evidence that any of those inquiries were halted and treated as “management issues.”
Also, have you heard? Apparently, DEA now has an updated “etiquette” training for its agents overseas.
New DEA “etiquette” training for overseas agents: ■ Never call ambassador by his first name. ■ No prostitutes. Etc. pic.twitter.com/aUSZipjtEC
On July 27, 2015, two months short of Year 3 since Mr. Van Buren retired, the State Department without much fanfare released its new 3 FAM 4170 rules in 19 pages. For the “FAM is not a regulation; it’s recommendations” crowd, we hope you folks have great lawyers.
My! Look who’s covered!
The updated FAM, same as the old FAM, is divided into two meaty parts — official capacity public communication and personal capacity public appearances and communications. The new version of 3 FAM 4170 is all encompassing, covering the following (not exhaustive list):
— all personnel in the United States and abroad who are currently employed (even if in Leave Without Pay status) by the Department of State and the United States Agency for International Development (USAID), including but not limited to Foreign Service (FS) employees, Civil Service (CS) employees (including schedule C appointees and annuitants returning to work on temporary appointments on an intermittent basis, commonly referred to as “While Actually Employed (WAE)” personnel), locally employed staff (LE Staff), personal service contractors (PSCs), employees assigned to fellowships or details elsewhere and detailees or fellows from other entities assigned to the Department, externs/interns, and special government employees (SGEs).
— Former Department of State employees (including former interns and externs) must seek guidance from A/GIS/IPS for applicable review process information. Former USAID employees (including former interns and externs) must consult the Bureau for Legislative and Public Affairs for applicable review process information.
— Employee testimony, whether in an official capacity or in a personal capacity on a matter of Departmental concern, may be subject to the review requirements of this subchapter. Employees should consult with the Department of State’s Office of the Legal Adviser or USAID’s Office of the General Counsel, as appropriate, to determine applicable procedures.
In practical terms, we think this means that if you get summoned to appear before the House Select Benghazi Committee and is testifying in your personal capacity as a former or retired employee of the State Department, these new regulations may still apply to you, and you may still need clearance before your testimony.
Convince us that we’re reading this wrong, otherwise, somebody poke Congress, please.
Also, does this mean that all retired FSOs who contribute to ADST’s Oral History project are similarly required to obtain clearance since by its definition, “online forums such as blogs” and “a person or entity engaged in disseminating information to the general public” are considered media organizations under these new rules?
Institutional interest vs. public interest
We are particularly interested in the personal capacity publication/communication rules because that’s the one that can get people in big trouble, as shown in the Van Buren case. Here’s the equivalent of our bold Sharpie.
3 FAM 4176.4 says: “A principal goal of the review process for personal capacity public communications is to ensure that no classified or other protected information will be disclosed without authorization. In addition, the Final Review Office will evaluate whether the employee’s public communication is highly likely to result in serious adverse consequences to the efficiency or mission of the Department, such that preventing those consequences outweighs the employee’s presumptively high interest in communicating and the public’s interest in receiving the communication.”
Institutional interest trumps public interest? Where do you draw the line? You can still write a dissent cable as the “3 FAM 4172.1-3(D). No Review of Dissent Channel Communications” included in the 2009 version of the FAM survives as 3 FAM 4171 (e) in the current rules:
Views on matters of Departmental concern communicated through methods of internal communication (including, for example, the Department’s internal dissent channel) or disclosures made pursuant to 5 U.S.C. 2302(b)(8)(B) are not subject to the review requirements of this subchapter.
Which is fine and all, except — who the heck gets to read your dissent cable except the folks at Policy Planning? The State Department is not obligated to share with Congress or with the American public any dissenting opinions from its diplomats. One might argue that this is appropriate, after all, you can’t have diplomats second guessing in public every foreign policy decision of every administration. So, the American public typically only hears about it when a diplomat quits. But given the two long wars in Iraq and Afghanistan, is the American public best served by this policy? And by the way, candid opinion like the case of the six-page memo, entitled “The Perfect Storm,” in the lead up to the Iraq War, is still classified. Why is that?
The new regs also say this:
“To the extent time and resources allow, reviewers may assist the employee in identifying possible modifications or other adjustments to avoid the inclusion of non-classified but otherwise protected information, or the potential for adverse consequences to the Department’s mission or efficiency (including the employee’s ability to perform his or her duties effectively in the future).”
If we weigh the Van Buren book against these parameters, how much of the book’s 288 pages would survive such “modifications” or “adjustments.”
There goes the book, We Meant Well in Afghanistan, Also.
The Peter Van Buren Clause
We’ve come to call “3 FAM 4172.1-7 Use or Publication of Materials Prepared in an Employee’s Private Capacity That Have Been Submitted for Review“ as the Peter Van Buren clause. Below is the original language from the 2009 version of the FAM:
An employee may use, issue, or publish materials on matters of official concern that have been submitted for review, and for which the presumption of private capacity has not been overcome, upon expiration of the designated period of comment and review regardless of the final content of such materials so long as they do not contain information that is classified or otherwise exempt from disclosure as described in 3 FAM 4172.1-6(A).
That section of the FAM appears to survive under the current 3 FAM 4174.3 Final Review Offices, underlined for emphasis below.
c. To ensure that no classified information is improperly disclosed, an employee must not take any steps to proceed with a public communication (including making commitments to publishers or other parties) until he or she receives written notice to proceed from the Final Review Office, except as described below. If, upon expiration of the relevant timeframes below, the Final Review Office has not provided an employee with either a final response or an indication that a public communication involves equities of another U.S. Government entity (including a list of the entity or entities with equities), the employee may use, issue, or publish materials on matters of Departmental concern that have been submitted for review so long as such materials do not contain information described in 3FAM 4176.2(a) and taking into account the principles in 4176.2(b). When an employee has been informed by the Final Review Office that his or her public communication involves equities of another U.S. Government entity or entities, the employee should not proceed without written notice to proceed from the Final Review Office. Upon the employee’s request, the Final Review Office will provide the employee with an update on the status of the review of his or her public communication, including, if applicable, the date(s) on which the Department submitted the employee’s communication to another entity or entities for review. Ultimately, employees remain responsible for their personal capacity public communications whether or not such communications are on topics of Departmental concern.
The Van Buren clause appears to survive, until you take a closer look; italicized below for emphasis:
3 FAM 4176.2 (a) Content of Personal Capacity Public Communications
a. When engaging in personal capacity public communications, employees must not:
(1) Claim to represent the Department or its policies, or those of the U.S. Government, or use Department or other U.S. Government seals or logos; or
(2) Disclose, or in any way allow the public to access, classified information, even if it is already publicly available due to a previous unauthorized disclosure.
3 FAM 4176.2 (b) Content of Personal Capacity Public Communications
b. As stated in 3 FAM 4174.2(c)(1), a purpose of this review process is to determine whether the communication would disclose classified or other protected information without authorization. Other protected information that is or may be subject to public disclosure restrictions includes, but is not limited to:
(1) Material that meets one or more of the criteria for exemption from public disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), including internal pre-decisional deliberative material;
(2) Information that reasonably could be expected to interfere with law enforcement proceedings or operations;
(3) Information pertaining to procurement in violation of 41 U.S.C. 2101-2107;
(4) Sensitive personally identifiable information as defined in 5 FAM 795.1(f); or
(5) Other nonpublic information, when used in a manner as prohibited by 5 CFR 2635.703.
Can one make the case that the conversations between the writer and his boss in the Van Buren book are “internal pre-decisional deliberative material?” Or that any conversation between two FSOs are deliberative? Of course. State can make a case about anything and everything. Remember, it did try to make the case that the book contained classified information. (see “Classified” Information Contained in We Meant Well – It’s a Slam Dunk, Baby!). Also, we should note that documents marked SBU or sensitive but unclassified are typically considered nonpublic information. Under these new rules, it’s not just classified information anymore, anything the agency considers deliberative material or any nonpublic material may be subject to disclosure restrictions.
3 FAM 4174.2 Overview (2015): Waving the ‘suitability for continued employment’ flag
c. Employees’ personal capacity public communications must be reviewed if they are on a topic “of Departmental concern” (see 3 FAM 4173). Personal capacity public communications that clearly do not address matters of Departmental concern need not be submitted for review.
(1) The personal capacity public communications review requirement is intended to serve three purposes: to determine whether the communication would disclose classified or other protected information without authorization; to allow the Department to prepare to handle any potential ramifications for its mission or employees that could result from the proposed public communication; or, in rare cases, to identify public communications that are highly likely to result in serious adverse consequences to the mission or efficiency of the Department, such that the Secretary or Deputy Secretary must be afforded the opportunity to decide whether it is necessary to prohibit the communication (see 3 FAM 4176.4).
(2) The purposes of the review are limited to those described in paragraph (1); the review is not meant to insulate employees from discipline or other administrative action related to their communications, or otherwise provide assurances to employees on matters such as suitability for continued employment (see, e.g., 3 FAM 4130 for foreign service personnel and 5 CFR 731 for civil service personnel). Ultimately, employees remain responsible for their personal capacity public communications whether or not such communications are on topics of Departmental concern.
More 3 FAM 4170 Fun: Not meant to insulate employees from discipline or other administrative action
3 FAM 4176.1(e) General
e. As stated in 3 FAM 4174.2(c)(1), the review process is limited to three purposes. (See also 3 FAM 4176.4.) Therefore, completion of the review process is not a Department “clearance” or “approval” of the planned communication, and is not meant to insulate employees from discipline or other administrative action related to their communications, including for conducting personal capacity public communications that interfere with the Department’s ability to effectively and efficiently carry out its mission and responsibilities, by, for example, disrupting operations, impairing working relationships, or impeding the employee from carrying out his or her duties. Ultimately, employees remain responsible for their personal communications whether or not the communications are on topics of Departmental concern.
3 FAM 4176.3 Employee must disclose his/her identity to Department reviewers
a. PA reviews all personal capacity public communications on matters of Departmental concern by senior officials at the Assistant Secretary level and above, including Chiefs of Mission. For all other employees wishing to communicate publicly in their personal capacity on matters of Departmental concern, there are two review processes available:
(1) Individuals may, as a first step, submit their requests for review to the Final Review Office (as described in 3 FAM 4174.3(a)). For employees submitting a request to PA, such requests should be submitted via PAReviews@state.gov. The Final Review Office will then consult with the employee’s immediate supervisor(s) and any other offices concerned with the subject matter in accordance with 3 FAM 4176.4(c). The Final Review Office will then make the final determination; and
(2) Alternatively, employees may initially submit their requests for review to their immediate supervisor(s), the Public Affairs Office in their bureaus or posts, and any other Department offices concerned with the subject matter. The materials must then be submitted to the Final Review Office, noting all such reviewers and any comments received. The Final Review Office will then verify those reviews, assess whether other reviews are needed, and make the final determination.
b. Supervisors, Public Affairs Offices, or any other offices involved in the review process must flag for the Final Review Office any view that the proposed public communication may:
(1) Contain classified or other protected information;
(2) Result in serious adverse consequences to the efficiency or mission of the Department; or
(3) Be or become high impact or high profile, for example communication that is controversial, or otherwise involves a sensitive Department priority; and
(4) The Final Review Office will then apply the standard described in 3 FAM 4176.4(a).
c. In all cases, an employee must disclose his or her identity to the relevant Department reviewers.
d. If another U.S. Government entity seeks Department review of a personal capacity public communication by that entity’s employee, the Department office in receipt of such request must coordinate with PA.
3 FAM 4177 Noncompliance may result in disciplinary action, criminal prosecution and/or civil liability.
a. Failure to follow the provisions of this subchapter, including failure to seek advance reviews where required, may result in disciplinary or other administrative action up to and including separation. Violations by USAID employees may be referred to the Deputy Administrator for Human Resources or USAID’s Office of the Inspector General (see 3 FAM 4320). Disciplinary action will be pursued consistent with applicable law, including 5 U.S.C. 2302
b. Publication or dissemination of classified or other protected information may result in disciplinary action, criminal prosecution and/or civil liability.
This is the part where we must remind you that what the former State Department spokesperson said about the FAM being recommendations is a serious bunch of hooey!
Oh, hey, remember the 2-day clearance for tweets …’er scandal?
We wrote about it here and here, and the “ain’t gonna happen 2-day clearance” for social media posting is now part of the Foreign Affairs Manual. Apologies if the 2-working day review timeframe below for social media postings is too shocking for 21st century statecraft innovation purists. These are the rules, unless you can get the current State Department spokesperson to say from the podium that these are merely recommendations that employees/retirees/interns/charforce are free to ignore. We must add that the 2009 version of these rules, required that materials of official concern submitted in the employee’s private capacity must “be submitted for a reasonable period of review, not to exceed thirty days.” The old rules made no distinction whether the submitted material is a book manuscript, an article, a blogpost or a tweet.
screen grab from 3 FAM 4170
Yo! What’s Missing?
The new regs emphasized the need for official clearance for official and private communication “to ensure that no classified information is improperly disclosed.” It however, does not include any guidance on the use of a private server for emails and social media postings where classified information could be improperly disclosed.
A Much Better FAM Version, Hey?
From the organizational perspective, some folks would say that this is a “much better” version of the FAM. We’d call this a much better plug. An insider could argue that this is a “very fine sieve.”
Okeedokee, but what do you think will be its consequences for the rank and file? No one will officially admit this as the intent, but after reading this new version of 3 FAM 4170, this is what we think it really says:
The updated regs also says that “In light of the rapid pace with which many social media platforms are used, all offices, sections, or employees who routinely post to such platforms in their official capacity are encouraged to seek advance blanket authorization to engage for their social media communications, in accordance with 3 FAM 4175.1(c).”
The blanket authorization as far as we can tell only applies to those who are engaged in social media platforms in their official capacities, it makes no similar provision for employees in social media platforms in their private capacities.
Fun With Fido or Grumpy Cat
The new regs helpfully notes that “Employees who, in their personal capacity, wish to communicate publicly on matters that are clearly not “of Departmental concern” (see 3 FAM 4173) need not seek Department review under the procedures outlined herein, and need not use the personal capacity disclaimer discussed below in paragraph (b).”
So, basically, if you blog, tweet or write a book about Kitty Kat or Fidodog, or about their travels and adventures in Baghdad, Kabul, Sanaa, and all the garden spots, you don’t need to seek Department review. That is, as long as Kitty Kat is not secretly arming the rodent insurgents and tweeting about it and Fidodog is not flushing government money down the toilet and blogging about it.