Category Archives: Political Appointees

State Dept Assistant Secretary Positions: How Far Back is “Recent Memory?”

– Domani Spero

 

Recently, the State Department officially rejected criticisms that too many top diplomatic jobs have gone to political appointees rather than to career foreign service officers.  The spokesperson of the State Department, a former political operative and herself, a political appointee, reportedly told Yahoo News via email the following:

“There’s never been a secretary of state more personally connected to the Foreign Service than Secretary (John) Kerry. It’s in his blood. It’s stamped in his DNA. He’s the son of a foreign service officer,” spokeswoman Jen Psaki told Yahoo News by email.

“It’s no accident that he has worked with President (Barack) Obama to build a senior team with more foreign service officers in leading assistant secretary positions than at any time in recent memory, and no accident that he chose a foreign service officer to serve as the State Department’s Counselor for the first time in thirty years,” she added.

See Political Appointee Rejects Criticisms of Too Many Political Picks at the State Department

So, because we’re a tad obsessive, we wanted to find out if what Ms. Psaki told Yahoo News is actually true.  If her “at any time in recent memory” includes only the the Clinton tenure, then sure, Secretary Kerry, indeed, appointed five FSOs career employees (four FSOs and 1 Civil Service) out of seven assistant secretaries, which is two more than former Secretary Clinton who appointed three FSOs out of seven assistant secretary positions at the regional level. (WHA’s Roberta Jacobson is reportedly a CS employee; history.state.gov incorrectly lists her as a foreign service officer). *Corrected graphic below.

Screen Shot 2014-11-10 at 3.24.22 PM

 

Secretary Rice under the second Bush term, appointed five FSOs and three political appointees as assistant secretaries at the geographic level. If we go back all the way to 2001 then, Secretary Kerry has appointed as many FSOs as Secretary Rice but not “more,” at least at the geographic level. If “recent memory” includes the appointments under the Clinton, Rice and Powell tenures, the spox’s claim would not fly.

We hope to look at the functional bureaus separately, time permitting; maybe that’s the appointment universe the spokesperson is talking about?

The Powell appointments at the geographic level are sort of weird. It looks like he inherited one A/S from the previous administration (C. David Welch) and that appointee continue to served until 2002. In all, stats from history.state.gov and Wikipedia indicates that Secretary Powell appointed  three FSOs and seven non-career appointees to the seven geographic bureaus. AF, WHA and IO had two appointees each during the Bush first term.

We should note that if you’re a career FSO, the chance of getting an assistant secretary (A/S) position at the regional level is highest at Near Eastern Affairs (NEA), European Affairs (EUR), African Affairs (AF). Statistics compiled by AFSA from 1975 to-date indicates that 92.3% of all A/S appointments to the NEA bureau were career diplomats.  That percentage of FSO A/S appointment is 75% for the EUR bureau and 58.3% for the African Affairs bureau.

However, if you’re a non-career political appointee, the chance of getting an assistant secretary position at the regional level is highest at International Organization (IO) and East Asia Pacific (EAP).  Statistics compiled by AFSA from 1975 to-date indicates that 80% of all A/S appointments to the International Organization Affairs bureau went to non-career appointees. Ranked a distant second is EAP appointments at 57.1%.  The A/S appointments for South Central Asia Affairs  has been 50/50 according to the AFSA statistics.

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 Updated on 11/10/14 @ 8:52 am to correct listing of appointees during the Powell tenure and to clarify the total between FSOs and non career appointees.

@1531 added clarification that current WHA A/S is a career CS employee.

 

 

 

 

 

 

 

 

 

 

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Filed under Appointments, Assistant Secretary, Foreign Service, FSOs, John F. Kerry, Leadership and Management, Obama, Political Appointees, Realities of the FS, Regional Bureaus, Staffing the FS, State Department

Obama Officially Nominates WH Adviser Tony Blinken as State Dept #2

– Domani Spero

 

On November 3, we blogged this: State Dept’s Wendy Sherman Now Dual-Hatted as “P” and New Acting Deputy Secretary. Four days later, and three days after the midterms, President Obama officially announced his intent to nominate Anthony Blinken as Bill Burns’ successor at the State Department.

The WH released the following brief bio:

Antony Blinken is Assistant to the President and Deputy National Security Advisor, a position he has held since 2013.  From 2009 to 2013, Mr. Blinken was Deputy Assistant to the President and National Security Advisor in the Office of the Vice President.  Previously, he was Staff Director for the U.S. Senate Foreign Relations Committee from 2002 to 2008.  From 2001 to 2002, he was a Senior Fellow at the Center for Strategic and International Studies.  In the Clinton Administration, he served on the National Security Council staff as Special Assistant to the President and Senior Director for European Affairs and as Special Assistant to the President and Senior Director for Strategic Planning and Speechwriting.  He also served as Special Assistant to the Assistant Secretary of State for European Affairs at the Department of State.  Mr. Blinken received a B.A. from Harvard College and a J.D. from Columbia Law School.

Via Twitter:

 

 

 

 

This announcement came at a Friday afternoon, the reaction appears generally positive at this time.  There does not appear to be any reaction that could portend to how this nomination would fare in the lame duck session. Except for one Fox News contributor who boldly tweeted the following:

A side note, if Mr. Blinken is confirmed, there will be a new power couple at State. Right now, current power couple is Heather Higginbottom (D/MR and State Department #3) and spouse Daniel Sepulveda, Deputy Assistant Secretary of State and U.S. Coordinator for International Communications and Information Policy with a rank of ambassador. If confirmed, Mr. Blinken will be State’s #2.  His spouse, Evan M. Ryan is currently Assistant Secretary of State for Educational and Cultural Affairs (ECA). Prior to becoming Assistant Secretary of State, she served as the assistant for intergovernmental affairs and public liaison for Joe Biden; she also worked for the Kerry campaign and served in various capacities for then First Lady Hillary Clinton.

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Filed under Nominations, Obama, Officially In, Political Appointees, Politics, State Department

GOP Takes Control of the Senate — Keep Calm But Don’t Pack Your Bags!

– Domani Spero

 

This happened last night, and pretty quickly, too.

 

The Nation lists Staffing the Executive Branch as one of the possible problematic area after the GOP take-over of the U.S. Senate:

For much of the Obama presidency, Republicans in the Senate stymied up literally hundreds of presidential appointments to cabinet slots big and small, as well as nominations to the federal bench. Harry Reid implemented filibuster reform one year ago, and nominations have been handled more quickly—but with Republicans in charge, expect them to grind to a halt. Republicans blocked nominees reflexively under the old filibuster rules, many times without offering a single actual objection, and that’s very likely to resume now.

The recent Yahoo article about the State Department being top heavy with political picks, also include the following nugget:

A top GOP aide, asked what would happen to the stalled “ambassadonor” nominations, signaled that those would-be diplomats shouldn’t pack their bags.

When it comes to confirmations of Obama nominees in a Republican Senate, the aide said dryly, “partisan picks and Obama bundlers won’t be at the top of the list.”

So — in real terms, that means no one can pack their bags or schedule any packout. Maybe, we’ll see some confirmation of career diplomats to ambassadorial positions this year.  Or maybe not. What might be more problematic, of course, would be the confirmation of presidential bundlers nominated as ambassadors to some of our overseas posts. If the clock runs out and none of these nominees get confirmation this year, President Obama will have to resubmit these nominations to the next Congress in January 2015. A GOP-controlled Senate may or may not act on these nominations.

keep-calm-but-don-t-pack-your-bags

The following are the ambassadorial nominees currently pending on the Senate’s Executive Calendar. They have all been cleared by the Senate Foreign Relations Committee but could not get voted on in the full Senate:

Ambassadorial Nominees: Career Diplomats

  • Karen Clark Stanton, of Michigan, to be Ambassador to the Democratic Republic of Timor-Leste
  • Donald Lu, of California, to be Ambassador to the Republic of Albania
  • Amy Jane Hyatt, of California, to be Ambassador to the Republic of Palau
  • Arnold A. Chacon, of Virginia, to be Director General of the Foreign Service
  • Luis G. Moreno, of Texas, to be Ambassador to Jamaica
  • Maureen Elizabeth Cormack, of Virginia, to be Ambassador to Bosnia and Herzegovina
  • Theodore G. Osius III, of Maryland, to be Ambassador to the Socialist Republic of Vietnam
  • Leslie Ann Bassett, of California, to be Ambassador to the Republic of Paraguay
  • George Albert Krol, of New Jersey, to be Ambassador to the Republic of Kazakhstan
  • Marcia Stephens Bloom Bernicat, of New Jersey, to be Ambassador to the People’s Republic of Bangladesh
  • James D. Pettit, of Virginia, to be Ambassador to the Republic of Moldova
  • Allan P. Mustard, of Washington, to be Ambassador to Turkmenistan
  • Erica J. Barks Ruggles, of Minnesota, to be Ambassador to the Republic of Rwanda
  • Earl Robert Miller, of Michigan, to be Ambassador to the Republic of Botswana
  • Judith Beth Cefkin, of Colorado, to be Ambassador to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu
  • James Peter Zumwalt, of California, to be Ambassador to the Republic of Senegal and to serve concurrently and without additional compensation as Ambassador to the Republic of Guinea-Bissau
  • Craig B. Allen, of Virginia, to be Ambassador to Brunei Darussalam
  • Barbara A. Leaf, of Virginia, to be Ambassador to the United Arab Emirates
  • Virginia E. Palmer, of Virginia, to be Ambassador to the Republic of Malawi
  • William V. Roebuck, of North Carolina, to be Ambassador to the Kingdom of Bahrain
  • Pamela Leora Spratlen, of California, to be Ambassador to the Republic of Uzbekistan
  • Donald L. Heflin, of Virginia, to be Ambassador to the Republic of Cabo Verde
  • Robert T. Yamate, of California, to be Ambassador to the Republic of Madagascar, and to serve concurrently and without additional compensation as Ambassador to the Union of the Comoros
  • Gentry O. Smith, of North Carolina, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service
  • Linda Thomas-Greenfield, an Assistant Secretary of State (African Affairs), to be a Member of the Board of Directors of the African Development Foundation for the remainder of the term expiring September 27, 2015
  • Michele Jeanne Sison, of Maryland, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador, and the Deputy Representative of the United States of America in the Security Council of the United Nations
  • Brent Robert Hartley, of Oregon, to be Ambassador to the Republic of Slovenia

 

Ambassadorial Nominees: Non-Career Political Appointees

  • George James Tsunis, of New York, to be Ambassador to the Kingdom of Norway
  • Colleen Bradley Bell, of California, to be Ambassador to Hungary
  • Robert C. Barber, of Massachusetts, to be Ambassador to the Republic of Iceland
  • Mark Gilbert, of Florida, to be Ambassador to New Zealand, and to serve concurrently and without additional compensation as Ambassador to the Independent State of Samoa
  • John L. Estrada, of Florida, to be Ambassador to the Republic of Trinidad and Tobago
  • Brent Robert Hartley, of Oregon, to be Ambassador to the Republic of Slovenia
  • Cassandra Q. Butts, of the District of Columbia, to be Ambassador to the Commonwealth of The Bahamas
  • Noah Bryson Mamet, of California, to be Ambassador to the Argentine Republic
  • Stafford Fitzgerald Haney, of New Jersey, to be Ambassador to the Republic of Costa Rica
  • Charles C. Adams, Jr., of Maryland, to be Ambassador to the Republic of Finland
  • Frank A. Rose, of Massachusetts, to be an Assistant Secretary of State (Verification and Compliance)
  • Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development (currently Under Secretary for State/E)
  • David Nathan Saperstein, of the District of Columbia, to be Ambassador at Large for International Religious Freedom
  • Paige Eve Alexander, of Virginia, to be an Assistant Administrator of the United States Agency for International Development (USAID)
  • Jonathan Nicholas Stivers, of the District of Columbia, to be an Assistant Administrator of the United States Agency for International Development (USAID)

 

We’ll have to see what happens next.

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Filed under Americans Abroad, Appointments, Career Employees, Congress, Elections, Foreign Affairs, Foreign Service, FSOs, John F. Kerry, Obama, Political Appointees, Politics, Realities of the FS, Staffing the FS, State Department, U.S. Missions, USAID

Political Appointee Rejects Criticisms of Too Many Political Picks at the State Department

– Domani Spero

 

The retirement of Deputy Secretary Bill Burns and the attendant task of finding his replacement as the State Department’s No.2 official highlighted the career versus political appointments in the upper ranks of the oldest executive agency in our country. Below via Yahoo News:

Obama has overseen an expansion of political appointments at the State Department. He has chosen fewer career diplomats for ambassadorial postings than his recent predecessors. And his administration has tripled the number of noncareer appointments under so-called “Schedule B authority,” which have soared from 26 to 89 employees between 2008 and 2012 at the senior levels.

The report notes that “just one of the top nine jobs in American diplomacy is held by a career diplomat: Undersecretary for Management Patrick Kennedy.” It further notes that this number rises to 2 out of 10 if State Department Counselor Tom Shannon is included.

The report also quotes AFSA saying, “We’re not rabble-rousers. We’re not going to be burning down the building. [snip] But we are concerned about the growing politicization throughout the State Department.”

For comparison, see this chart to see how the breakdown between career versus non-career appointees have progressively trended towards non-career appointees in the past decades.

Screen Shot 2014-11-01

infographic via afsa.org

Last Friday, the State Department officially rejected criticisms that too many top diplomatic jobs have gone to political appointees rather than to career foreign service officers.  As a sign of the times, the official who rebutted the criticism is the spokesperson of the State Department, a former political operative and herself, a political appointee:

“There’s never been a secretary of state more personally connected to the Foreign Service than Secretary (John) Kerry. It’s in his blood. It’s stamped in his DNA. He’s the son of a foreign service officer,” spokeswoman Jen Psaki told Yahoo News by email.

“It’s no accident that he has worked with President (Barack) Obama to build a senior team with more foreign service officers in leading assistant secretary positions than at any time in recent memory, and no accident that he chose a foreign service officer to serve as the State Department’s Counselor for the first time in thirty years,” she added.

For understandable reason, AFSA wants to see another FSO appointed as a Deputy Secretary.  Congress created the position of Deputy Secretary of State in the Foreign Relations Authorization Act of 1972, approved Jul 13, 1972 (Public Law 92-352; 86 Stat 490), to replace the Under Secretary of State as the second ranking officer in the Department. The Deputy Secretary serves as the principal deputy, adviser, and alter ego to the Secretary of State; serves as Acting Secretary of State in the Secretary’s absence; and assists the Secretary in the formulation and conduct of U.S. foreign policy and in giving general supervision and direction to all elements of the Department. Specific duties and supervisory responsibilities have varied over time.

 

The candidates currently rumored to replace Bill Burns are not career diplomats. That is not at all surprising. According to history.state.gov, of the 17 deputy secretary appointments since the position was created in 1972 only four had been career Foreign Service officers:

 

In this blog’s last two months online, this might actually be an interesting project to look into – and see just how imbalanced are these appointments.  As we have blogged here previously, we readily recognize that the President and the Secretary of State should have some leeway to pick the people they need to support them in doing their jobs. That said, we think that this practice can be done to such an extreme that it can negatively impact the morale and functioning of the organization and the professional service, in this case the State Department and the institution of the Foreign Service.  Not only that, following an election year, it basically decapitates the upper ranks of an agency pending the arrival of new political appointees. In the case of the State Department, 4/5 of the top appointees are political. It will almost be a wholesale turnover in 2017 whether a Democrat or a Republican wins the White House.

So let’s take a look, for a start, at the top organizational component of the State Department.

1. Secretary of State (S): John F. Kerry, Political Appointee 

2. Deputy Secretary (D) - VACANT

3. Deputy Secretary for Management and Resources (DMR): Heather Higginbottom, Political Appointee
She was the Policy Director for the Kerry-Edwards Presidential Campaign in 2004, Policy Director for then Senator Obama’s Presidential Campaign in 2007, and came to the State Department after stints in the White House and OMB. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State from her party.

4. Counselor of the Department (C): Thomas A. Shannon, Jr., Career Foreign Service Officer
Former U.S. Ambassador to Brazil and former Assistant Secretary for Western Hemisphere Affairs.  He is only the seventh Foreign Service Officer to hold the position of Counselor since World War II, and the first in 32 years. Not quite mandatory retirement age in 2017, we expect he would  rotate out of this position for another upper level assignment, unless, he takes early retirement and goes on to a leadership position at some think tank.

5. Under Secreatry for Arms Control and International Security (T): Rose E. Gottemoeller, Political Appointee
She was the chief U.S. negotiator of the New Strategic Arms Reduction Treaty (New START) with the Russian Federation, which entered into force on February 5, 2011. Prior to the Department of State, she was senior associate with the Carnegie Endowment for International Peace. In 1998-2000, she was the Deputy Undersecretary of Energy for Defense Nuclear Nonproliferation and before that, Assistant Secretary and Director for Nonproliferation and National Security. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

6. Under Secretary for Civilian Security, Democracy, and Human Rights (J):  Sarah Sewall, Political Apppointee
Prior to this position, she served as a Senior Lecturer in Public Policy at the John F. Kennedy School of Government at Harvard University. In 2012, Dr. Sewall was Minerva Chair at the Naval War College and from 2006 to 2009 she served as the Director of Harvard’s Carr Center for Human Rights Policy. She was also Deputy Assistant Secretary for Peacekeeping and Humanitarian Assistance at the Department of Defense from 1993 to 1996. From 1987 to 1996, she served as the Senior Foreign Policy Advisor to U.S. Senate Majority Leader George J. Mitchell. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

7. Under Secretary for Economic Growth, Energy, and Environment (E): Catherine Novelli, Political Appointee
Prior to the State Department, she was Vice President for Worldwide Government Affairs at Apple, Inc.; Prior to her tenure at Apple, Ms. Novelli was a partner in the Washington office of Mayer, Brown, Rowe & Maw LLP where she assisted Fortune 100 clients on issues involving international trade and investment. She was also a former Assistant U.S. Trade Representative for Europe & the Mediterranean. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

8. Management (M): Patrick F. Kennedy, Career Foreign Service Officer
He has been the Under Secretary of State for Management since 2007. From February 2005 to April 2005, he headed the Transition Team that set up the newly created Office of the Director of National Intelligence. In 2001, he was appointed  U.S. Representative to the United Nations for Management and Reform with the Rank of Ambassador. During this period he also served from May 2003 to the end of November 2003 as Chief of Staff of the Coalition Provisional Authority in Iraq, and from May 2004 to late August 2004 as the Chief of Staff of the Transition Unit in Iraq. He joined the Foreign Service in 1973, so he’s been in federal service for at least 40 years.

His Wikipedia page indicates that he is 65 years old, the mandatory retirement age for the Foreign Service. Except that the regs also make exceptions for presidential appointees under  3 FAM 6216.2-2. (With regard to a member of the Service who would be retired under 3 FAM 6213 who is occupying a position to which the member was appointed by the President, by and with the advice and consent of the Senate, the effective date of retirement will not take effect until the end of the month in which such appointment is terminated and may be further postponed in accordance with 3 FAM 6216.2-1 if the Director General determines it to be in the public interest). If he serves out the rest of the Obama term as “M,” he’ll be the under secretary for management for almost a decade (2007-2016), probably the longest serving incumbent in this position.

9. Political Affairs (P): Wendy Sherman, Political Appointee
She is the Department’s current fourth-ranking official. Prior to this position, Under Secretary Sherman served as Vice Chair of Albright Stonebridge Group, a global strategy firm. Yes, that Albright.  Ambassador Sherman served as Counselor for the State Department from 1997 to 2001, as well as Special Advisor to President Clinton and Policy Coordinator on North Korea. From 1993 to 1996, under Secretary of State Warren Christopher, she was Assistant Secretary for Legislative Affairs. On November 3, 2014, she became dual-hatted as the Acting Deputy Secretary of State.  The Cable says that she has been informed that she is not the permanent pick for the job. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State after the 2016 elections.

10. Public Diplomacy and Public Affairs (R): Richard StengelPolitical Appointee
Mr. Stengel was sworn in as Under Secretary of State for Public Diplomacy and Public Affairs on February 14, 2014. As of October 31, 2014, the official directory for the State Department still lists that position as vacant, by the way. Prior to assuming this position, Mr. Stengel was the Managing Editor of TIME from 2006 to 2013. From 2004 to 2006, he was the President and Chief Executive Officer of the National Constitution Center in Philadelphia. We expect that he’ll tender his resignation on/or about January 2017 unless he leaves earlier or is asked to stay on by the next Secretary of State. The average tenure, by the way, for the incumbent of this position is 512 days.

So, as of this writing, a total of ten positions occupy the top ranks of the State Department: one vacant position, two positions encumbered by career diplomats, and seven encumbered by political appointees.

Is that the right balance?

The State Department spox is indeed right; Tom Shannon is the first career FSO in 32 years to serve as counselor of the State Department, and Secretary Kerry deserves credit for that pick. We must also note that Secretary Clinton picked one FSO (Burns) and that Secretaries Clinton and Kerry both inherited a third FSO from Secretary Rice’s tenure (Kennedy).(We’ll look at the assistant secretaries in a separate post).

But.

What message are you sending to a 24,000 career workforce if you cannot find a single one among them to appoint as deputy of their own agency? The political appointees have impressive resumes.  That said, why should any of the career employees aspire for an under secretary position when despite their work experience and  years of sacrifices (and their families’) in all the hellholes in the world, all but one (sometimes all), inevitably go to well-connected political appointees?

Any career advice about picking political horses or how to get on the state-of-the-art bullet elevator to the Seventh Floor?

Maybe  somebody will be brave enough to ask these questions during Secretary Kerry’s next town hall meeting? Yes, even if folks get instructions to ask policy-related questions only. In the next few weeks we will also peek into some of these upper offices within State and go on a journey of institutional discovery. We understand that it’s pretty interesting out there.

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Filed under AFSA, Appointments, Career Employees, Elections, Foreign Service, FSOs, John F. Kerry, Leadership and Management, Obama, Org Life, Political Appointees, Politics, Realities of the FS, Secretary of State, Staffing the FS, State Department, Under Secretary

State Dept’s Wendy Sherman Now Dual-Hatted as “P” and New Acting Deputy Secretary

– Domani Spero

 

On November 3, the State Department’s No. 4 official, the Under Secretary for Political Affairs (P), Wendy Sherman was designated as the acting deputy secretary of state pending the official nomination of Bill Burns’ successor. We do not know how long is this interim period but since the appointment is in an acting capacity, the vacancy at “P” will also be for an acting capacity. If Ms. Sherman is officially nominated as deputy secretary, there will be an official vacancy at “P,” a post traditionally encumbered by a career Foreign Service Officer. If another individual is nominated as deputy secretary of state (White House deputy national security adviser Tony Blinken is rumored to be in the running), Ms. Sherman may just return to her previous assignment at “P.” Place your bets now, folks.

The Secretary has requested and the President has designated Wendy R. Sherman to assume all authorities and responsibilities of the Deputy Secretary, effective November 3, 2014.

Ambassador Wendy R. Sherman was sworn in as Under Secretary of State for Political Affairs on September 21, 2011, a position she will retain during the interim period.

Prior to this position, Under Secretary Sherman served as Vice Chair of Albright Stonebridge Group, a global strategy firm, and a member of the Investment Committee of Albright Capital Management, an affiliated investment advisory firm focused on emerging markets.

Ambassador Sherman served as Counselor for the State Department from 1997 to 2001, as well as Special Advisor to President Clinton and Policy Coordinator on North Korea. From 1993 to 1996, under Secretary of State Warren Christopher, she was Assistant Secretary for Legislative Affairs.

Ambassador Sherman served as Chair of the Board of Directors of Oxfam America. She also served on the U.S. Department of Defense’s Defense Policy Board, a group tasked with providing the Secretary of Defense with independent, informed advice and opinion concerning matters of defense policy.

In 2008, Ambassador Sherman was appointed by Congressional Leadership to serve on the Commission on the Prevention of Weapons of Mass Destruction, Proliferation and Terrorism.

Ambassador Sherman attended Smith College, and received a B.A. cum laude from Boston University and a Master’s degree in Social Work, Phi Kappa Phi, from the University of Maryland.

Just curious —  is there at all, any career diplomat,being considered or is in the running for the D or P positions?

Originally posted as State Dept Gets a New Acting Deputy Secretary; Hurry, Now Vacancy for “Acting  P.”

Update:  The Cable’s John Hudson is reporting that an internal notice went out to employees today informing them  that Ms. Sherman will “assume all authorities and responsibilities of the Deputy Secretary,” effective immediately. At the same time, she will apparently continue to hold the position of undersecretary of state for political affairs and operate out of her same office.  The same report also says that President Barack Obama reportedly now favors the nomination of Deputy National Security Advisor Tony Blinken for deputy secretary of state, the No. 2 position in Foggy Bottom and that “Ms. Sherman has been informed that she is not the permanent pick for the job.” Information is sourced from multiple unnamed sources.

Maybe this is all true, or maybe it’s an effort to shore up support for the “D” candidate floated around, and/or see what kind of Hill reaction surfaces.   Makes one wonder one thing though, if Blinken is now the top pick, how come the White House has not made an official announcement.  Instead, what we have are anonymous talks about Blinken as the WH preferred candidate. Is the WH waiting to make an announcement after the election or after a new Congress is seated?  Hold on, maybe, the WH is waiting for President Obama to actually make up his mind?

As a side note, given the nature of the two jobs, we can’t imagine that Ms. Sherman can remain dual-hatted as “D” and “P” for a lengthy period. The John Hudson report also cited a State Department staffer saying that the Sherman “promotion” was in part prompted by “the bureaucratic need to have “D-level” signatures sign off on important State Department business, such as contracts.” Wait, what?  If the deputy secretary of state (“D”)  actually need to sign contracts, what’s the Deputy Secretary of State for Management and Resources for?

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Filed under Appointments, John F. Kerry, Leadership and Management, Obama, Political Appointees, Realities of the FS, Secretary of State, Staffing the FS, State Department, Under Secretary

State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s Not

– Domani Spero

 

In June last year, CBS News’ John Miller reported that according to an internal State Department Inspector General’s memo, several recent investigations were influenced, manipulated, or simply called off at the State Department. The memo obtained by CBS News cited eight specific examples.

Memos showed that probes included allegations of:

  • A State Department security official in Beirut “engaged in sexual assaults” on foreign nationals hired as embassy guards
  • Members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries” — a problem the report says was “endemic.”
  • An “underground drug ring” was operating near the U.S. Embassy in Baghdad and supplied State Department security contractors with drugs.
  • The case of a U.S. Ambassador who held a sensitive diplomatic post and was suspected of patronizing prostitutes in a public park.
  • Investigation into an ambassador who “routinely ditched … his protective security detail” and inspectors suspect this was in order to “solicit sexual favors from prostitutes.”
  • “We also uncovered several allegations of criminal wrongdoing in cases … some of which never became cases,” said Aurelia Fedenisn, a whistleblower and former investigator for the Inspector General.

You may revisit that CBS News report here. At that time, State/OIG told us that “On its own initiative, OIG’s Office on Investigations has been conducting an independent review of allegations referred to it by our Office of Inspections.” In a statement to CBS News, State/OIG also said about the investigation: “We staffed it independently and appropriately and they were people hired specific for this review at the end of 2012. They are on staff. We staffed it with the best people we can find at hand to do the job.”

We’ve blog about this previously:

Yesterday, State/OIG finally released its long-awaited report to this investigation, excerpt below:

The allegations initially related to eight, high-profile, internal investigations. [...]

In three of the eight internal investigations, OIG found that a combination of factors in each case created an appearance of undue influence and favoritism by Department management. The appearance of undue influence and favoritism is problematic because it risks undermining confidence in the integrity of the Department and its leaders.

This review assesses the Department’s handling of those eight investigations. OIG did not reinvestigate the underlying cases. In conducting this review, OIG interviewed Department employees, examined case files, and reviewed 19,000 emails culled from the Department’s electronic communications network. OIG’s findings are not necessarily indicative of systemic issues affecting all DS cases. However, they reveal issues with current Department policies and procedures that may have significant implications regarding actual or perceived undue influence.

Handling “management issues” relating to a U.S. 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.
[...]
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 (underlined for emphasis)

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

But the footnotes!

2* 3 FAM 4322.2 states that incidents or allegations involving Chiefs of Mission that could serve as grounds for disciplinary action and/or criminal action must be immediately referred to OIG or DS to investigate. This section further states that “[i]n exceptional circumstances, the Under Secretary for Management…may designate an individual or individuals to conduct the investigation.” No guidance exists describing what factors to consider in determining what constitutes “exceptional circumstances.”

3* 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.

4* 3 FAM 4322.3.a provides that a management official “must initially determine whether he, she, or another management official should be the investigating official, or whether the matter should be referred to” OIG or DS for further action. This section further provides that if the official determines that the “alleged misconduct is relatively minor, such as leave abuse or failure to perform assigned duties, that official or another management official may handle the administrative inquiry” and need not refer the matter to OIG or DS.

5* 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)).

6* During the course of this review, OIG 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. OIG found no evidence that any of those inquiries were halted and treated as “management issues.”

OIG to M’s “exceptional circumstances”  – what the heck is that?

“…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.

Well, it’s shocking that M, DS and the Legal Adviser could not agree on a simple thing. We do think the OIG is exactly right here. Why have an oversight and investigation arm if some higher up can declare no investigation necessary under an “exceptional circumstances”clause, that’s not even spelled out.

The Inspector General is ranked equivalent to an Assistant Secretary.  According to the regs, he reports directly to the Secretary, the Board, the Commissioner and the head of any other organization for which the OIG is assigned oversight responsibility, or to the extent such authority is delegated, to the officer next-in-rank. But 1 FAM 053.2-2 Under Secretary for Management (M) (CT:ORG-312; 07-17-2013)  put in place before the current OIG assumed office, also has this to say:

The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action.

We’ll have to watch and see how this turns out.  Must add that nowhere in the Foreign Affairs Manual does it say that the Inspector General may not/not investigate matters considered “management issues” under  “exceptional circumstances.”

 

Related item:

-09/30/14   Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01)  [685 Kb] Posted on October 16, 2014

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VPOTUS Swears-In Jane Hartley as Ambassador to France and Monaco

– Domani Spero

 

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President Obama announced his intent to nominate Ms. Hartley on June 6, 2014. The WH released the following brief bio at that time.

Jane D. Hartley is the Chief Executive Officer of Observatory Group, LLC, a position she has held since 2007.  From 1994 to 2007, Ms. Hartley worked for the G7 Group, serving as its Chief Executive Officer from 1995 until her departure. From 1987 to 1989, Ms. Hartley served as Vice President and Station Manager at WWOR-TV in Secaucus, New Jersey. From 1985 to 1987, Ms. Hartley was Vice President of Marketing of MCA Broadcasting (Universal). She was Vice President of Corporate Communications at Westinghouse Broadcasting from 1983 to 1985, and Vice President of New Markets Development at Group W Cable from 1981 to 1983. From 1978 to 1981, Ms. Hartley served as Associate Assistant to the President in the Office of Public Liaison at the White House, and was Director of Congressional Relations at the Department of Housing and Urban Development from 1977 to 1978. Ms. Hartley was the Executive Director of the Democratic Mayors’ Conference for the Democratic National Committee from 1974 to 1977. She has served as a Member of the Board of Directors of the Corporation for National and Community Service since 2012. She is a Member of the Board of Directors of Heidrick and Struggles and a member of the Board of Directors and Overseers of Memorial Sloan Kettering Cancer Center. Ms. Hartley is also on the Executive Committee of the John F. Kennedy School of Government at Harvard University. She is a former Vice Chairman and member of the Executive Committee of the Economic Club of New York, and a member of the Council on Foreign Relations. Ms. Hartley received a B.A. from Boston College (Newton College).

Ms. Hartley had her Senate Foreign Relations Committee confirmation hearing on July15, 2014. On September 16, 2014, the U.S. Senate confirmed her as U.S. Ambassador to France and Monaco. This is one of those nominations that went through the process rather quickly; something that’s becoming a rarity in Washington these days.

The published Certificate of Competency says (via-Hartley, Jane D. – French Republic – July 2014):

Jane Hartley, currently the Chief Executive Officer of Observatory Group, LLC in New York City and a Member of the Board of Directors of Heidrick and Struggles in Chicago, has been the CEO of macroeconomic and political advisory firms for the past two decades. She is known for her critical analyses of the G7 countries and her depth of knowledge of French political and economic policies. A vibrant, experienced leader, Ms. Hartley will bring key skills to the task of furthering bilateral relations with the Government of France, a critical U.S. ally in the European Union and around the globe.[...] Ms. Hartley earned a B.A. at Boston College (Newton College). She speaks conversational French.

Ms. Hartley will replace businessman, Charles Rivkin who was chief of mission at US Embassy Paris from 2009–2013 (he is currently the Assistant Secretary at State’s Bureau of Economic and Business Affairs (EB)). Since the 1960s, all ambassadorial appointments to Paris had been political appointees except for one.

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How to Join the U.S. Diplomatic Service Without Taking the Foreign Service Exam

– Domani Spero

 

Yup, it can be done, if you have some expertise lacking in the Foreign Service, say a nuclear physicist needed in Japan. Or  we imagine, if you’re a tattoo artist who can decipher ISIS tattoos, there maybe work for you (seriously, is there?).  It can also happen if you or your folks know the right people in WashDC.  Or technically, if you’re in the right spot at the right moment, and there is an “urgent need,” it just might be you.

The State Department has updated the categories of non-Foreign Service employees it is able to assign to diplomatic missions overseas this past spring, adding ” Urgent, Limited Need” as a seventh category to the list. Foreign Affairs Manual 3 FAM 2293 (pdf) spells out the rules for appointing not just Department Civil Service employees but also “other individuals” from outside the Foreign Service under a limited non-career appointment (LNA). This is how post may end up with a political ambassador’s chief of staff who has never worked in the Foreign Service, or a speechwriter who is not a Foreign Service officer. Or how posts overseas get their Security Protective Specialists (SPS) who are all hired under LNAs.

3 FAM 2293 TYPES OF LIMITED NONCAREER APPOINTMENTS UNDER SECTION 303 OF THE FOREIGN SERVICE ACT (CT:PER-726; 04-18-2014) (State Only) (Applies to Foreign Service and Civil Service employees)

a. Consistent with Section 502 of the Foreign Service Act (22 U.S.C. 3982), the Department’s goal is to ensure that positions designated as Foreign Service positions are filled by assignment of career and career-conditional members of the Foreign Service.

b. Pursuant to Sections 303 and 309 of the Foreign Service Act, the Department appoints Civil Service employees and other individuals from outside the Foreign Service to LNAs as:

(1) Hard-to-Fill (HTF) Candidates: Positions that have not attracted sufficient bidders through the Foreign Service assignments process and thus may be filled by Department Civil Service employees. The procedures and eligibility requirements applicable to HTF positions as well as the scope and frequency of available positions may vary from year to year. Each HTF program will be announced by an ALDAC after consultation with the Foreign Service’s exclusive representative;

(2) Expert Candidates: For these positions, bureaus are to request temporary FTE from the Office of Resource Management (HR/RMA) before presenting an Action Memorandum to the Director, HR/CDA. For example, expert LNAs include, but are not limited to, positions that cannot normally be filled with Foreign Service personnel, such as certain attorney positions at embassies and missions that are filled by lawyers from the Office of the Legal Adviser, and a nuclear physicist position that was temporarily required in Japan.

(3) Developmental Assignment Candidates: These assignments provide experience and exposure to Foreign Service operations for Civil Service personnel through two methods–bureau candidate only advertised positions, for example, A Bureau positions at ELSO and Overseas Development Program positions advertised via CS merit promotion announcements.

(4) Volunteer Cable Candidates: Volunteer cables are sent, as agreed annually with the exclusive representative in the Bidding Instructions, when there are no qualified bidders for a vacancy that has been advertised. The regional bureaus initiate the volunteer cable exercise as a request to HR/CDA to send such a cable based on Foreign Service need. If a Civil Service candidate is selected, the Director General must prepare a Certificate of Need in accordance with 3 FAM 2295 (see also 3 FAM Exhibit 2295 for an example of this certificate);

(5) Schedule C and Other Outside-Hire Candidates: These appointments include, but are not limited to, chief-of-mission office management specialists, eligible family members, and other outside hires;

(6) Exceptional Circumstance Candidates: The Department’s Director General of the Foreign Service and Director of Human Resources (Director General) may designate certain positions to be filled under an “exceptional circumstance” category (see 3 FAM 2294 below).

(7) Urgent, Limited Need: These limited non-career appointments support specific or exceptional mission-critical needs that existing Foreign Service personnel cannot meet. These needs are considered to be of limited duration, not justifying the creation of a new category of a career Foreign Service employee. HR/RMA will authorize the FTE for these positions. Every two years, the Director General or designee will review each category of LNA falling under this paragraph in consultation with the Foreign Service’s exclusive representative, to determine whether the specific need still exists and existing Foreign Service personnel cannot meet the need.

NOTE: The seven categories in 3 FAM 2293, subparagraphs b(1) through b(7), are the only categories by which a Civil Service employee or other individual from outside the Foreign Service may be appointed to the Foreign Service pursuant to an LNA under Section 303 of the Foreign Service Act. The Department’s procedures for appointing Civil Service employees and other individuals from outside the Foreign Service as LNAs outside these categories are subject to negotiations between the Department and the Foreign Service’s exclusive representative, prior to institution of further categories.

 

The regulations note that “In the event that no bids for exceptional circumstance positions are received from members of the Foreign Service after the positions have been advertised for the required 15 working days, or the Director General determines that the member(s) of the Foreign Service whose bid is (are) not suited to the assignment, the Department may select a Department Civil Service employee or other candidate for appointment to an LNA for assignment to this position, based on a Certificate of Need signed by the Director General in accordance with 3 FAM 2295.”

However, the FAM does not explain fully how the “Urgent, Limited Need” or ULN appointments will be handled. Will these positions be advertised or will it be as painless as the Director General (DGHR) designating the positions as ULNs?  The brief explanation under this category says that “These needs are considered to be of limited duration, not justifying the creation of a new category of a career Foreign Service employee.” And yet, it also says that the DGHR will review LNAs under this category every two years.  How many reviews will be required before a determination needs to be done to justify a regular position?  Will the DGHR similarly be required to issue a “Certificate of Need?” Currently, the FAM only says that a “Certificate of Need” is required when the Department fills a position with an exceptional circumstance candidate or fills a volunteer cable position with a Civil Service employee, but silent when the position is filled under the “Urgent, Limited Need” category.

Most important of all, who is tasked with making a determination that an Urgent, Limited Need exists — the 7th floor, the functional bureau, the regional bureau, post management, the ambassador, a special envoy, a special rep, any top gun in the alphabet soup?

Or would your fairy godfather works just as well?

We must note that according to the regs, LNAs are normally limited to the duration of the specific assignment for which the candidate is hired and normally may not exceed five years in duration. But — the DGHR may propose to extend the limited appointment beyond five years.  Similarly, only the DGHR is tasked with the issuance of a “Certificate of Need.” We are sure that DGHR has the statistics on how many LNAs have been hired under these seven different categories, or for that matter, how is it that two decades on, the temporary Hard-To-Fill category has now become part of normal staffing, but —  those numbers are not for public consumption.

We suspect that Schedule C hires, as well as candidates for Exceptional Circumstance and Urgent, Limited Need categories need not have to bother with usajobs.gov like regular people; that’s the job site for applicants who do not know anybody traveling on the special lanes. And really, if you have the right names on your digital Rolodex, this system works perfectly in your favor.  Ugh! Why bother filling out the KSAs (knowledge, skill, ability) when you can take the short cut.

These new changes bear paying attention to in light of news that a son of a Democratic donor, who was a former WH volunteer snared in the Cartagena Prostitution Scandal is now a full-time policy adviser in the Office on Global Women’s Issues for the U.S. State Department.

We can imagine a time in the future when Schedule C and other non-career appointees may proliferate at the Front Office level. It’s already happening at HQ level, how long before it starts showing up at missions X, Y and Z. Who’s going to say “no” if a political ambassador ask that his/her chief of staff or social media advisor, or speechwriter be designated as a Schedule C or an “Urgent, Limited Need” position?

For those not too familiar with staffing lingo, Schedule C positions are excepted from the competitive service because “they have policy-determining responsibilities or require the incumbent to serve in a confidential relationship to a key official.” According to OPM, appointments to Schedule C positions require advance approval from the White House Office of Presidential Personnel and OPM, but appointments may be made without competition. OPM does not review the qualifications of a Schedule C appointee — final authority on this matter rests with the appointing official.

Are we wrong to presume that final authority on the hiring of Urgent, Limited Need appointee also rests with the appointing official?

Now, we think this is a challenge for the Foreign Service — FS personnel is worldwide available, which means they can be sent anywhere in the world where they are needed. In practice, with the exception of the first two tours upon entering the Service, employees typically only go where they “bid” to go; they are not “directed” or “forced” to go anywhere they don’t want to go.  Even employees who pick assignments in the war zones are volunteers (or voluntold). Better to have volunteers than draftees.

But the world is changing right before our eyes, and the State Department’s personnel and org systems are not changing fast enough to adapt to the needs of our times.  We are convinced that ULN is not going to be the last category on the FAM list and that the State Department will continue to expand the categories of non-career personnel “joining” the Foreign Service under an excuse of not having enough qualified people to send there, wherever there may be. Whether that is actually true or not is hard to say.

For instance, Diplomatic Security’s High Threat directorate reportedly has gaps in its staffing. That’s totally expected given that assignments are dole out a year in advance. What about standing up a new office with the Global Coalition Against ISIL under General Allen?

Not long ago, we’ve heard that several rounds of directed assignments weren’t enough to fill all the vacancies on the S Detail.  Is that reflective of service discipline?  Perhaps. But if you have difficulty filling in the slots for the Secretary’s security detail, one has to start asking the hard questions. And ‘would these positions qualify for urgent, limited need category,’ should not be the main question. Go do a root cause exercise.

We’ve also heard that Office Management Specialists (OMS) has a high attrition rate and that a good number of Civil Service OMS are in the front offices at embassies overseas instead of FS OMS. But surely, you’ve all heard about the FS OMS complaints of lack of a career path?  Go do a root cause exercise.

If the QDDR should have some concrete utility this year, it ought to take a look foremost at the personnel systems of the State Department and how it can make the institution stronger and adapt to the needs of our times.  And perhaps the time has come to seriously look at a unitary personnel system that is agile, and flexible, if we want to see State as our lead foreign affairs agency in fact, not just in name.

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VPOTUS Swears In Ambassador-Designate to Ireland Kevin O’Malley

– Domani Spero

 

 

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Photo of the Day: First Parent-Daughter Assistant Secretary of State

– Domani Spero

 

 

President Obama announced Ms. Crocker’s nomination in October 2013. The WH released a brief bio at that time:

Bathsheba N. Crocker is the Principal Deputy Director in the Office of Policy Planning at the Department of State (DOS), a position she has held since 2011.  Previously at DOS, she served as Chief of Staff to the Deputy Secretary of State from 2009 to 2011.  From 2008 to 2009, Ms. Crocker was a Senior Policy and Advocacy Officer for International Affairs at the Bill & Melinda Gates Foundation.  She was the Senior Advisor to the Assistant Secretary-General for Peacebuilding Support at the UN Peacebuilding Support Office from 2007 to 2008.  From 2005 to 2007, Ms. Crocker was the Deputy Chief of Staff to the UN Special Envoy at the Office of the UN Special Envoy for Tsunami Recovery.  Ms. Crocker worked at the Center for Strategic and International Studies on the Post-Conflict Reconstruction Project as a Fellow and Co-Director from 2003 to 2005 and as an International Affairs Fellow at the Council on Foreign Relations from 2002 to 2003.  Ms. Crocker was an Attorney-Adviser for the Office of the Legal Advisor at DOS from 2001 to 2002 and from 1997 to 1999.  From 2000 to 2001, she was Deputy U.S. Special Representative for Southeast Europe Affairs at the U.S. Embassy in Rome, Italy.  From 1999 to 2000, Ms. Crocker was Executive Assistant to the Deputy National Security Advisor for the National Security Council at the White House.  She has served as an adjunct professor at Johns Hopkins University, George Washington University, and American University.  Ms. Crocker received a B.A. from Stanford University, an M.A. from Fletcher School of Law and Diplomacy, and a J.D. from Harvard Law School.

Ms. Crocker’s father, Chester Crocker is a career diplomat who served as Assistant Secretary of State for African Affairs from 1981 to 1989 in the Reagan administration.  Click here for his ADST oral history interview (pdf).

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