SFRC Clears 11 Ambassador Nominees and 1 Foreign Service List (181 Names)

Posted: 1:54 am EDT

 

On July 29th, the Senate Foreign Relations Committee (SFRC) cleared 11 ambassador nominees for  the State Department,  and two nominees for USAID, including Gayle Smith, nominated as Rajiv Shah’s successor as USAID administrator.  It also cleared 1 Foreign Service list with 181 names.

Sheila Gwaltney, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kyrgyz Republic.

Perry L. Holloway, of South Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Co-operative Republic of Guyana.

Kathleen Ann Doherty, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cyprus.

Hans G. Klemm, of Michigan, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

James Desmond Melville, Jr., of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia.

Peter F. Mulrean, of Massachusetts, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Haiti.

Laura Farnsworth Dogu, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Nicaragua.

Samuel D. Heins, of Minnesota, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway.

Paul Wayne Jones, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Poland.

Michele Thoren Bond, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Consular Affairs), vice Janice L. Jacobs, resigned.

UNITED NATIONS

Sarah Elizabeth Mendelson, of the District of Columbia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador.

Sarah Elizabeth Mendelson, of the District of Columbia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America on the Economic and Social Council of the United Nations.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Gayle Smith, of Ohio, to be Administrator of the United States Agency for International Development, vice Rajiv J. Shah, resigned.

Thomas O. Melia, of Maryland, to be an Assistant Administrator of the United States Agency for International Development, vice Paige Eve Alexander, resigned.

PN573 – 1 FOREIGN SERVICE nominations (181) beginning Maura Barry Boyle, and ending Anthony Wolak, which nominations were received by the Senate and appeared in the Congressional Record of June 10, 2015.

The above ambassador nominees will join nine (9) other nominees previously cleared by the SFRC who are currently waiting for a vote in the full Senate. If these ambassador nominees are not confirmed before the Senate takes its August recess next week, they will be stuck in D.C. until after the Senate returns in early September.

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What if Congress grants the State Dept the Suspension Without Pay (SWOP) hammer?

Posted: 1:44  pm EDT

 

According to the Foreign Affairs Manual, the Act of August 26, 1950 (64 Stat. 476), codified at 5 U.S.C. 7532, “confers upon the Secretary of State the authority, in the Secretary’s absolute discretion, to suspend without pay any civilian officer or employee of the Department (including the Foreign Service of the United States) when deemed necessary in the interest of the national security (see 12 FAM 235.2).”

So when the Senate Foreign Relations Committee passed the Fiscal Year 2016 Department of State Operations Authorization and Embassy Security Act which contains a similar language on security clearance suspension without work and no pay for Foreign Service employees, we were wondering what’s up with that (see S.1635: DOS Operations Authorization and Embassy Security Act, Fiscal Year 2016 – Security Clearance).

Section 610 (2)(c)(1) of S.1635 says that in order to promote the efficiency of the Service, the Secretary may suspend a member of the Service without pay when—

(A) the member’s security clearance is suspended; or

(B) there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.

The new language indicates suspension without pay (SWOP) whenever the security clearance is suspended for whatever reason. Not just for national security reasons anymore, folks.

The most widely reported FSO with a suspended clearance in recent memory is Peter Van Buren whose TS clearance was suspended for about a year. Under this proposed bill, PVB would not have been assigned to a telework position or paid for the duration of his fight with the State Department. Which means he and others like him would have to quit and find a paying job or starve unless he/she has a savings account that can sustain the investigation for a year or years.

Any FS employee who might dissent or engage in whistleblowing activity, any perceived troublemaker for that matter, can be put on SWOP, and that would be it.  An FSO who experienced first hand the suspension of a security clearance put this in very stark terms:

In practical terms they can remove the employee instantly, without telling anyone why until much later, by which time the employee will have resigned unless they can afford to go for months or years without a salary. And once the employee has resigned, the case is closed, the former employee loses their clearance because they resigned, and with it any right to know the reasons for the suspension. If the employee quits, the Department does not have to justify itself to anyone, and if the Department doesn’t have to pay them, 99.9 percent will quit.

We want to look at the numbers of suspension and revocation, unfortunately, this is something that is not publicly available from Diplomatic Security.  A source speaking on background put the numbers very low at less than 30 suspensions a year and of those probably less than 5 are revocations. Another source long familiar with this issue guesstimate the number as closer to 70-80 suspension per year, and the number of revocations probably at15-20 per year. We are unable to verify these numbers independently.  The higher numbers may be due to greater hiring, as well as to the use of “Scattered Castles,” a computer database that lists all prior security clearance determinations by other agencies which may prompt a suspension and re-investigation of the clearance.  But even if we take the higher numbers of 80 suspensions, that is still a small number compared to the total FS workforce.

A source not authorized to speak on this subject told us that the bulk of security clearance suspensions and revocations involve personal behavior issues ranging from alleged sexual misconduct to alcohol abuse, to failure to report on time a relationship that should be reported. Very few security clearance cases involve a matter that is criminal, so very few result in prosecution.

The question then becomes why? Why would Congress want this? And just as important, why does the State Department support this?

The long history of this section of the bill reportedly dates back to Condoleezza Rice’s term at the State Department. It was allegedly intended to create parity between Foreign Service (FS) and Civil Service (CS) employees.

State can indeed put CS employees on SWOP as soon as clearance is suspended, but the rules also gives CS employees appeal rights to the Merit Systems Protection Board (MSPB). We understand that MSPB records and procedures are public and that it is specifically granted authority to review security clearance cases. The FS employees do not have the same protection with the Foreign Service Grievance Board. The final review adjudicative body, the Security Appeals Panel, not part of FSGB, allegedly does not even keep records of its deliberative process or set precedent for future cases. Currently, the rules on the FAM says: “If the individual is represented by counsel or other representative, the representative does not have a right to have access to or to review any material. However, to the extent authorized by the individual and the Department, the representative may review material that the individual has access to pursuant to subsection (b) above if he or she is properly cleared.”

The numbers of suspension/revocation are low but Congress doesn’t have to talk about the numbers. The members can talk about getting rid of bad apples in the government, which is always popular. In doing so, Congress can look tough on security, tough on the State Department and tough on keeping tabs on government money.

This is not a good idea. If only a quarter of all suspensions end in revocation, isn’t the USG throwing money and lives away? In addition to our concern that this could be use by the State Department to shut-up dissenters or potential whistleblowers, we also have the following concerns:

  • Costs in hiring/training

The USG has a lengthy hiring process for FS employees and typically trains them before sending them to posts overseas. The cost of that investment does not come cheap. Members of the FS also go through language training and spends most of their careers in overseas assignments.The length of time to replace/train/deploy an FS employee is significantly longer than the time to replace a CS employee.

  • FS family logistics

FS members overseas with suspended clearance are normally sent home to a desk job that does not require a clearance or their expertise. Not all FS members have houses to come home to in the WashDC area. They’ll have to pull kids out of schools, and move their entire household. What happens to them in DC if the employee is without work and without pay under this proposal? A suspension in this case would technically be a firing as the FS employee will be forced to find an alternate job that pays. So what happens when the case is resolved without a revocation, will the employee be able to come back? Since the investigation ends when the employee leaves, there is no win here for the employee.

  • Prime targets of hostile intel service

FS employees spends most of their career overseas. By virtue of their positions, they are prime targets of any hostile intel service. They can be subject of a security investigation though no fault of their own.  This is even more concerning with the OPM hack purportedly conducted by a foreign government.  If true that a foreign government now has the personal details of over 20 million security clearance holders, including those in the State Department who used OPM’s e-Qip system, how does one even protect oneself from the potential misuse of that information that can lead to a clearance suspension?

What can you do?

As we have posted earlier, the State Authorization bill was offered as an amendment when the NDAA was debated in the Senate in June but it was not voted on when the NDAA passed on June 18 (That would be H.R. 1735 which passed 215 (71-25)  We understand that both chambers are now starting the process to bring the bill to conference in order to resolve differences.  The State Authorization bill, we are told, will not be part of those discussions.  In order for this to move forward, it will either need to be brought to the floor as a stand alone vote or Corker/Cardin could try again to attach it to another piece of legislation. Given that this is the first authorization bill passed by the SFRC in 5 years, and made it through the committee with bi-partisan support, we suspect that this might not be the end of this bill.

We’re hoping that employees’ fundamental rights and due process do not become casualties particularly in gaining concessions from Congress on the overseas comparability pay (CP) fight. That would be a terrible bargain.  Educate your elected representative on the consequences of this section of the bill. See that AFSA is tracking this matter and talking to Congress.

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Notoriously Disgraceful Conduct: Is it only the little people who are taken to task?

Posted: 12:48 am EDT
Updated: 3:07 pm EDT

 

In March 2012, AFSA’s General Counsel Sharon Papp reported about a State Department proposal related to the “state of affairs” in the Foreign Service ….no, the other kind of affairs:

In 2011, the State Department proposed disciplinary action against a handful of employees for off-duty conduct that it had not sought to regulate in the past (i.e., extramarital affairs between consenting adults). 

When we reviewed several sex-related grievance cases in 2012, we came to the conclusion that from the agency’s view, widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service. Further, the potential for embarrassment and damaged to U.S. interests seems as weighty as actual embarrassment and damage. See: Sex, Lies, and No Videotapes, Just Cases for the Grievance Board

We recently received the following in our mailbox (edited to remove the most identifying details):

The married DCM at the embassy of a major Middle East ally slept with a married ELO whose husband worked for him. He blamed his alcoholism. As “punishment,” he was assigned as DCM at a significant high risk/high threat post. Next up? One of the top jobs at an embassy located in a Western European country.  Where’s the accountability at State? Is it only the little people that are taken to task? 

Well, that is an excellent question given another allegation we’ve received about another front office occupant involved in domestic violence overseas (another story we hope to write another day).

Extra-marital affairs, of course, are not mentioned anywhere in the Foreign Affairs Manual but below is what the regs say on sexual activity (pdf) and what constitutes, “notoriously disgraceful conduct.” Both sections were last updated in 2012, and applies to Foreign Service employees at State and USAID:

3 FAM 4139.1 Sexual Activity
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

The agencies recognize that, in our society, there are considerable differences of opinion in matters of sexual conduct, and that there are some matters which are of no concern to the U.S. Government. However, serious suitability concerns are raised by sexual activity by an individual which reasonably may be expected to hamper the effective fulfillment by the agencies of any of their duties and responsibilities, or which may impair the individual’s position performance by reason of, for example, the possibility of blackmail, coercion, or improper influence. The standards of conduct enumerated in 3 FAM 4138 are of particular relevance in determining whether the conduct in question threatens the mission of the employing agency or the individual’s effectiveness.

3 FAM 4139.14 Notoriously Disgraceful Conduct
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

Notoriously disgraceful conduct is that conduct which, were it to become widely known, would embarrass, discredit, or subject to opprobrium the perpetrator, the Foreign Service, and the United States. Examples of such conduct include but are not limited to the frequenting of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another (see also 5 CFR 2635) or to create the impression of gaining or giving improper favor. Disqualification of a candidate or discipline of an employee, including separation for cause, is warranted when the potential for opprobrium or contempt should the conduct become public knowledge could be reasonably expected to affect adversely the person’s ability to perform his or her own job or the agency’s ability to carry out its responsibilities. Evaluators must be careful to avoid letting personal disapproval of such conduct influence their decisions.

One might argue that an extra-marital affair between two consenting adults is a private matter.  And in most cases, it is; who wants to be the sex police?  But. If the allegations are true, can you really consider it private, particularly in a case that involves the second highest ranking public official at an embassy and an entry level officer (ELO) assigned under his command? Even if the DCM is not the ELO’s rating or reviewing officer —  how does this not affect the proper functioning of the mission? Can anyone exclude undue influence, potential favoritism or preferential treatment?  Which section chief would give a bad performance review to a junior officer who slept with the section chief’s own reviewing officer? Even if not widely known outside the Foreign Service, can anyone make a case that this is not disgraceful or notorious?  For real life consequences when a junior officer has a “special relationship” and “unrestricted access” to an embassy’s front office occupant, read the walking calamity illustrated in this case FSGBNo.2004-061 (pdf).

Look … if widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service for the lower ranks, why should it be a requirement for the upper ranks?  It’s not? Well, how else can we explain a good number of senior officials who allegedly looked the other way?


Can’t you see I’m busy? Besides I did not/did not see anything!

 

We went and looked up the Foreign Service Grievance Board cases related extra-marital affairs or related to notoriously disgraceful conduct. Here are some quick summaries.

  • In 2011, the State Department handed down a 30-day suspension to a junior officer for “off-color and offensive emails about women he dated, which were widely disseminated” after his private email account was hacked.  State said this constituted “notoriously disgraceful conduct.” (pdf)
  • Another case in 2011 involves an FSO who was told by the State Department: “Given the nature of Foreign Service life, you are aware that you are on duty 24/7. These multiple extramarital affairs involving sexual relations with an estimated 13 women during two separate assignments overseas without your spouse’s knowledge show poor judgment for a Foreign Service Officer.” (pdf) (note: two separate assignments could mean 4-6 years; untenured tours at 2 years, tenured tours typically at 3 years).
  • A Diplomatic Security (DS) Special Agent was suspended for three days for Notoriously Disgraceful Conduct arising from a domestic violence incident with his spouse. (pdf)
  • A married FP-04 Information Management Specialist (IMS), received a 20-day suspension, subsequently reduced to 10 days, for improper personal conduct and failure to follow regulations. The employee served at a critical threat post, and admitted having an extramarital relationship with a local embassy employee as well as engaging in sexual relations with two “massage techs.” (pdf)
  • An untenured FP-04 Diplomatic Security (DS) agent was disciplined for poor judgment and improper personal conduct. The employee brought a  woman to his hotel room and engaged in sex with her. Although the employee voluntarily disclosed the incident and asserted that the woman was not a prostitute, the Department contends that the incident at a minimum gave the appearance of engaging in prostitution and as such violated 3 FAM 4139.14 or Notoriously Disgraceful Conduct. (pdf)
  • A married FS-02 Information Management Officer (IMO) with seventeen years in the Department, with numerous awards and no disciplinary record, was found in his personal vehicle that was parked in an isolated area, and in a dazed condition with injuries suggesting he had been assaulted. He stated that during the prior night he had picked up a woman unknown to him, shared wine with her while driving, pulled over to the side of the road and then had no recollection of what followed, presumably because she had introduced a substance into his drink. During the ensuing investigation, the employee revealed he had picked up four or five women on previous occasions over a four-month period and had sex with them without the knowledge of his wife.  As a result, the Department proposed a ten-day suspension based on the charges of Poor Judgment and Notoriously Disgraceful Conduct. (pdf)
  • An FP-04 Diplomatic Security (DS) agent was given a five-day suspension without pay on the charge of Improper Personal Conduct. The charge is based on an incident in a criterion country in which employee (an unmarried person) engaged in consensual sex with a local woman and gave her $60.00 after the sexual activity had concluded. There was no evidence that the woman was a prostitute and there were no witnesses to their encounter. The employee self-reported the incident immediately to his supervisors, who took no disciplinary action. Eighteen months later, the Department opened an investigation and eventually suspended the employee. The deciding official concluded that employee’s conduct had violated two regulations governing behavior subject to discipline: 3 FAM 4139.1 (Sexual Activity) and 3 FAM 4139.14 (Notoriously Disgraceful Conduct). (pdf)

So —

We have so far been unable to locate FSGB cases of “notoriously disgraceful conduct” involving senior Foreign Service officials; certainly nothing at the DCM or COM level. It could be that 1) our search function is broken; 2) the folks are so risk-aversed and discreet that there are no cases involving a single one of them, or 3) potential such cases were swept under the rug, nothing makes it to the public records of the Foreign Service Grievance Board.

Which.Is.It? Will accept breadcrumbs …

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Required Reading on Hostage Cases: And when not/not to write, “Please enjoy your day!”

Posted: 3:39 am EDT

Lawrence Wright is an author, screenwriter, playwright, and a staff writer for The New Yorker magazine. He is the author of eight books, including The Looming Tower: Al-Qaeda and the Road to 9/11, which spent eight weeks on The New York Times best seller list and was awarded the Pulitzer Prize for General Nonfiction.  Last month, he wrote a piece about the civilian effort to save the five ISIS hostages.

Excerpt:

The State Department appointed Carrie Greene, in the Office of Overseas Citizens Services, to be a liaison with the families. She seemed impatient with their independent investigations. “You really shouldn’t be talking to these terrorists,” she warned. “It’s against the law.” Viva Hardigg responded, “Excuse me, Carrie, but we are well acquainted with U.S. laws, and if someone you love is being held by terrorists, with whom else should you talk?” Greene ended her e-mails with “Please enjoy your day!”

When Peter Kassig was kidnapped, his parents got a call from a State Department official. Paula recalls, “She basically said, ‘We know your son has been taken in Syria. We don’t have an embassy in Syria. We don’t have people on the ground in Syria. We don’t have a diplomatic relationship with them, so we can’t do anything to help you.’ ” In May, 2014, the families had a joint meeting with Daniel Rubinstein, a special envoy appointed to handle affairs in Syria. “He was nice, but when we asked how to contact him we were told not to e-mail or phone him,” Diane Foley says. In order to talk with him on the phone, the families had to travel to a local F.B.I. office, so an agent could dial Rubinstein’s number for them.

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The Best Lines From “10 Ways to Fix America’s Ailing State Department”

Posted: 1:56 am EDT

 

Joseph Cassidy served 25 years in the Foreign Service. He joined the Service in 1989 and previously served in Georgetown, Nairobi, Windhoek, OSCE, USUN and Baghdad. He also served at IO, DRL, the WH, and as Special Assistant to P, INR and the Executive Secretariat. His most immediate assignment prior to retirement this past spring is Director of Policy and Regional and Functional Organizations at the Bureau of International Organizations.  He pens 10 fixes for America’s ailing State Department in Foreign Policy’s Argument column.

Here are the best lines, in no particular order, from his FP piece; in technicolor font, of course, because, why not?

1. “[I]t’s not clear what authority remains for State, other than delivering the diplomatic mail.”

2. “The regional bureau assistant secretaries occupy sixth floor offices beneath the secretary, and the functional bureau assistant secretaries fight like cats in a bag for the next best real estate.”

Image from xlestatx72.tumblr.com via buzzfeed

Image from xlestatx72.tumblr.com via buzzfeed

3. “There are certain exceptions to the rule that upper floors are closer to God (including some temporarily semi-powerful special envoys slumming it on the lower floors), but employees below the sixth floor can’t help but feel like passengers berthed in steerage on the Titanic.”

4. “This centralization of diplomatic interactions by senior officials who are not subject matter experts is a particular temptation at State because high-level diplomacy is, well, fun.”

5. “It is no wonder that senior officials are reticent, even if unconsciously, to devolve responsibility down, or that too many “kiss-up, kick-down” style mid-level managers covet that high-level life and manage as if their subordinates exist only to make them look good.”

6. “Limiting their numbers, and cutting the large number of semi-independent special envoys, can help restore a more sustainable hierarchy, instead of what we have now, which is like fielding a soccer team with nine strikers clustered around the opponent’s goal, and a goalie and single defender lonely in the backfield.”

7. “If the intent is to simultaneously demonstrate haughty disdain and weaselly incompetence, the midday press briefing ritual — badgering reporters cornering a backpedaling, defensive State spokesperson — is the perfect vehicle.”

YouTube is littered with fine examples

8. “[D]ecisions by the sorting hat don’t always match an officer’s interests and experience. And, like trying to move from Hufflepuff to Ravenclaw, changing one’s cone can be as unpleasant as the semiofficial department term for it: “conal rectification.”

9. “The department does have senior leaders with broad talents. But we also have too many who write beautifully but couldn’t organize a grade school lunch line. Others can speak authoritatively, but lack reporting experience beyond writing an annual holiday card, or can balance a budget but possess diplomatic skills more likely to produce enemies than allies for the United States.”

10. “Gryffindor’s quidditch team didn’t operate on the principle of “One Team, Multiple Systems” and neither should State.”

11. “Like the pack dogs in the movie Up constantly distracted by squirrels, too many senior officials spend too much time preoccupied with the urgent rather than the important.”

12. “State’s organizational culture is antiquate and inefficient, concentrating decisionmaking in the hands of a few extremely overburdened top officials.”

via Canadian FS Problems

via Canadian FS Problems

13.  “Every large organization should be on guard against groupthink among key leaders and morale problems stemming from their isolation from average employees.”

14. “We need to unlearn the harmful axiom that only senior State officials with broad mandates can and should think strategically.”

Read the full article at FP here (registration maybe required).

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Some reaction via Twitter:

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Photo of the Day: Special-Purpose Marine Air-Ground Task Force Conducts Embassy Reinforcement Training

Posted: 12:27 am EDT

 

via Marines.mil

A U.S. Marine with Special-Purpose Marine Air-Ground Task Force Crisis Response-Africa emplaces a machine gun on the roof of a notional American Embassy during a training exercise in the urban training facility in Baumholder, Germany, July 6, 2015. More than 78 Marines and sailors conducted the full-mission rehearsal, which demonstrated the unit’s ability to rapidly deploy and conduct embassy reinforcement. (Photo from marines.mil)

U.S. Marines and sailors with Special-Purpose Marine Air-Ground Task Force Crisis Response-Africa (SPMAGTF) from Sigonella, Italy, conducted a training exercise at an Army training facility in Baumholder, Germany serving as a simulated American Embassy on July 6-9, 2015.

According to marines.mil, the full-mission rehearsal demonstrated the unit’s ability to deploy to conduct embassy reinforcement and validate the communications capability of the platoon. More than 78 members of the SPMAGTF patrolled the urban training facility, and set up communication and defenses to protect the notional American personnel and assets.

“This is the type of mission is what we’ve been training to since before we deployed to Sigonella,said Staff Sgt. Edward Erdmann, the platoon sergeant. “The training was a good test for the Marines because they didn’t know what to expect, and the unexpected is what we need to train to.” A team of Army Green Berets provided the opposing force for the Marines securing the embassy.

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State Dept Authorization Bill Mandates Security Breach Reporting, NSA Consultations –Can PenTest Be Far Behind?

Posted: 12:27 am EDT
Updated: 11:23 am PDT

 

Update: A source on the Hill alerted us that the State Authorization bill was offered as an amendment when the NDAA was debated in the Senate last month but it was not voted on and the NDAA passed on June 18 (That would be H.R. 1735 which passed 215 (71-25)  We understand that both chambers are now starting the process to bring the bill to conference in order to resolve differences.  The State Authorization bill, we are told, will not be part of those discussions.  In order for this to move forward, it will either need to be brought to the floor as a stand alone vote or Corker/Cardin could try again to attach it to another piece of legislation. Given that this is the first authorization bill passed by the SFRC in 5 years, and made it through the committee with bi-partisan support, we suspect that the senators will not just easily forget about this. — DS

On June 9, 2015, U.S. Senators Bob Corker (R-Tenn.) and Ben Cardin (D-Md.), the chairman and ranking member of the Senate Foreign Relations Committee, applauded the unanimous committee passage of the Fiscal Year 2016 Department of State Operations Authorization and Embassy Security Act. The SFRC statement says that it has been five years since the Senate Foreign Relations Committee passed a State Department Authorization bill and 13 years since one was enacted into law.  This State Department Authorization bill has been offered as an amendment to the National Defense Authorization Act, which currently is on the Senate floor. It is quite lengthy so we’re doing this in installments.

Below is the section on information technology system security that mandates security breach reporting, as well as making State Dept systems and networks available to the Director of the National Security Agency (NSA) and any other such departments or agencies to carry out necessary tests and procedures.

The State Department’s Consular Consolidated Database (CCD) as of 2011 contains over 137 million American and foreign case records and over 130 million photographs and is growing at approximately 40,000 visa and passport cases every day. If the CCD is compromised, it would be a jackpot for hackers that would make the OPM hack severely pales in comparison.

If this bill passes, will the penetration test by NSA on one of the world’s largest data warehouses finally happen?

Via govtrack:

Section 206.Information technology system security

(a)In general

The Secretary shall regularly consult with the Director of the National Security Agency and any other departments or agencies the Secretary determines to be appropriate regarding the security of United States Government and nongovernment information technology systems and networks owned, operated, managed, or utilized by the Department, including any such systems or networks facilitating the use of sensitive or classified information.

(b)Consultation

In performing the consultations required under subsection (a), the Secretary shall make all such systems and networks available to the Director of the National Security Agency and any other such departments or agencies to carry out such tests and procedures as are necessary to ensure adequate policies and protections are in place to prevent penetrations or compromises of such systems and networks, including by malicious intrusions by any unauthorized individual or state actor or other entity.

(c)Security breach reporting

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, in consultation with the Director of the National Security Agency and any other departments or agencies the Secretary determines to be appropriate, shall submit a report to the appropriate congressional committees that describes in detail—

(1)all known or suspected penetrations or compromises of the systems or networks described in subsection (a) facilitating the use of classified information; and

(2)all known or suspected significant penetrations or compromises of any other such systems and networks that occurred since the submission of the prior report.

(d)Content

Each report submitted under subsection (c) shall include—

(1)a description of the relevant information technology system or network penetrated or compromised;

(2)an assessment of the date and time such penetration or compromise occurred;

(3)an assessment of the duration for which such system or network was penetrated or compromised, including whether such penetration or compromise is ongoing;

(4)an assessment of the amount and sensitivity of information accessed and available to have been accessed by such penetration or compromise, including any such information contained on systems and networks owned, operated, managed, or utilized by any other department or agency of the United States Government;

(5)an assessment of whether such system or network was penetrated by a malicious intrusion, including an assessment of—

(A)the known or suspected perpetrators, including state actors; and

(B)the methods used to conduct such penetration or compromise; and

(6)a description of the actions the Department has taken, or plans to take, to prevent future, similar penetrations or compromises of such systems and networks.

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Related Post:
S.1635: DOS Operations Authorization and Embassy Security Act, Fiscal Year 2016 – Security Clearance

Amb. Charles Ray: America Needs a Professional Foreign Service (via FSJ)

Posted: 12:18 am EDT

Charles A. Ray retired from the Foreign Service in 2012 after a 30-year career that included ambassadorships to Cambodia and Zimbabwe. Ambassador Ray also served as deputy assistant secretary of defense for prisoners of war/missing personnel affairs, deputy chief of mission in Freetown and consul general in Ho Chi Minh City, among many other assignments. Prior to joining the Foreign Service, Amb. Ray spent 20 years in the U.S. Army. He was the first chair of AFSA’s Committee on the Foreign Service Profession and Ethics, and does freelance writing and speaking. He blogs at http://charlesaray.blogspot.com; his Amazon author page is here. Below is an excerpt from FSJ:

Via Speaking Out, Foreign Service Journal, July/August 2015:

If the Foreign Service is to adequately serve the American people now and in the future, it is imperative that it become the professional service intended by legislation over the past 91 years. This is not an easy task. It requires political will from elected leadership to provide the necessary direction and resources. It also requires action on the part of every member of the Foreign Service.

Here are some of the actions I believe are necessary.

Establish a system of professional education for the Foreign Service. Develop a long-term academic training program in diplomacy—either at the Foreign Service Institute or through a cooperative agreement with a university or universities in the Washington, D.C., area—designed to prepare members of the Foreign Service for senior diplomatic responsibilities.

There should be training opportunities post-tenuring and at the mid-level designed to increase individual skills in primary career tracks, while also offering education in diplomacy and leadership.

Every member of the Foreign Service should be required to complete a year of academic study relevant to his or her career track before being eligible for promotion to the Senior Foreign Service.

The department should create a true “training float” of 10 to 15 percent above the level required to staff all authorized positions, to allow Foreign Service personnel to take long-term training without posts and bureaus having to suffer long gaps. This will require a commitment by the department’s leadership not to use these positions to meet future manpower requirements—a practice that consumed the two previous authorizations.

Ensure opportunities for professional development through assignments. In coordination with the White House, the department should ensure that an adequate number of senior positions (assistant secretary, ambassador, deputy assistant secretary, etc.) are designated to be filled by Foreign Service personnel.

Priority should also be given to assignment of Foreign Service personnel to lower-level positions, such as regional office directors and desk officers, as much as possible.

Reconcile the differences between Foreign Service and Civil Service personnel systems. The department must recognize that while both are essential to the success of our mission, the Foreign Service and Civil Service personnel systems are inherently different.

Attempts to obliterate the differences benefit neither, and do not contribute to national security in any meaningful way. Action needs to be taken to improve career prospects within both systems.

Consideration should be given to creating a position of Director of Human Resources responsible for Civil Service personnel, and having the Director General of the Foreign Service responsible only for Foreign Service personnel, as envisioned by the 1946 Act that created the position.

In addition, the Director General should be given more authority over discipline and career development of Foreign Service personnel.

Establish a formal code of ethics for the Foreign Service. An essential element of any career personnel system is a mechanism to provide basic standards and rules and to protect it from political abuse.

The American Foreign Service Association established a Committee on the Foreign Service Profession and Ethics in 2012 with the primary mission to develop such a code. I had the honor of being the first chair of the PEC and am happy to report that significant progress has been made on this during the past three years.

Working with the Institute of Global Ethics, the PEC conducted a worldwide survey of Foreign Service personnel and then began creating a draft code. Information on the PEC’s work can be found on AFSA’s website at www.afsa.org/ethics. Details on the results of the survey on professionalism and ethics can be found at www.bit.ly/1L1LoJq.

Read in full here.

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We’re Hosting a Q&A With FSO Mark D. Perry of CorridorRep.com — Saturday, July 18, 7pm EST

Posted: 2:23 pm EDT
Updated: 8:41 pm EDT
Updated: 12:43 pm EDT

 

On July 7, I did a blogpost about CorridorRep.com, a website owned by Transparency In Government Performance, LLC. (See “Corridor Reputation” Gets a Makeover, And OMG …. It’s Now Online!)

CorridorRep.com’s site administrator is Foreign Service Officer Mark D. Perry. (Note: he is not the Mark Perry on LinkedIn). We requested a short bio and here is what he sent us:

Mark D. Perry is a consular-coned Foreign Service Officer who has served overseas in Monterrey, Cairo, and Lima.  He is currently working in a domestic assignment at the Buffalo Passport Agency.  He enjoys chocolate and looking for ways to make life better through the use of technology. Prior to joining the service, he worked in corporate HR for Tyco International, Ltd.

We cannot give you firsthand assessment of the site but readers writing this blog seems split between “this is great, yay!” or this is a terrible idea.

Mr. Perry told us via email that he has been thinking about this idea for years and floated it to a number of trusted friends. “Some said wow this is great and others said you are crazy,” he writes.

Another feedback we got is along the line of — hey, it only took a minute to figure out who runs this site; if he’s not good at protecting himself … what about my information?

We asked Mr. Perry about that and he explained that he created the LLC not to hide his identity, but to provide some additional legal protection.  That is true enough as LLC owners are protected from personal liability for business debts and claims.

We also asked about some readers’ concerns on data security, and here is his response:

I can understand the concerns about data security but I think the potential benefits outweigh these risks. Anything posted here could also be overheard in a cafe or sent by personal email to a friend or already on someone’s Facebook page. All of these are also easy targets for collection. This is nothing new. The site might make it marginally easier but I really do not see much risk in that aspect.

One reader asked about an “opt-out” so we also put that question to Mr. Perry.

[T]here really is not [a] way to prevent someone from  rating you. Preventing someone from being rated would be technically  close to impossible. Anyone can delete or edit the ratings they have  entered for others but could not delete ratings from others about  themselves. Anyone can choose not to visit the site so I guess that is one way one could opt out.

The site itself says that “you now have access to honest 360 reviews.”  One of the screencaps on the site is a section that says “Will work again with You” with the following options:  1) Supervisor, 2) Subordinate, 3) Colleague, 4) Other and 5) All.  We should note that the State Department has been using the 360 degree feedback for years primarily as a placement tool during the assignments process, and as far as we know, not as a developmental tool. See update below.

So think Yelp, Trip Advisor, Amazon and other online rating sites out there, except that the employee is now the rated brand/product.  Or perhaps the closest ones would be the student rating sites for teachers/professors performance.  Online reviews are popular and have grown prevalent in recent years.  There are even online reviews written by ex-convicts!  These online reviews have also grown controversial, of course, with some allegations of manipulation (and some real) orchestrated by companies to trick potential customers. The Harvard Business review last year, however notes that “voracious information-seeking has become deeply ingrained in many consumers, and we can envision no scenario in which they will see traditional marketing as a better provider of product information.”

In some ways, corridorrep.com is probably more like glassdoor.com, a career community that depends on everyone being able to share an inside look at a company they know.  Corridorrep.com depends on everyone being able to share an inside look about each other; it’s success certainly depends on the participation of enough individuals rating each other. Its stated goal is to have 5,000 reviews. Since we posted about the site, the online reviews have gone from 26 to 83, averaging about six reviews a day in the last 9 days.  That’s not a significant number at this time but if the number of posts continue at this rate, we estimate that the site will reach its goal in slightly over a couple of years.  The question now is how many of the Foreign Service’s 13,908 employees are willing to participate? Will Civil Service employees and Foreign Service Nationals, who all have state.gov emails also participate?

We understand that the site has become fairly controversial within the FS community. We are sure there are many more questions out there for corridorrep.com. We have offered to host a Q&A at our forum and Mr. Perry has accepted the invitation.  He will answer your questions on Saturday, July 18, 7pm EST. This forum is set as “open” so non-registered members of the forum and readers of the blog will be able to post questions of interest. You may post your questions ahead of time here: http://forums.diplopundit.net/?forum=457155.

See you at the forum!

Update:  We received the following nugget from an FSO with clarification on current use of 360 at State; our correspondent is not sure if there is a similar process for the Civil Service:

“State’s mandatory leadership and management training that everyone in the Foreign Service has to take each time they are promoted to the next level (at least for promotions to 02, 01 and into the SFS, not sure about below that) has a 360 component. You have to submit 10-15 names to review you anonymously, inlcuding subordinates, peers and bosses (the bosses are not anonymous). The results and comments are shared with you and the FSI instructors and I’ve found it quite useful. You also do one for yourself and seeing the similarities or differences between your self-image of your strengths and weaknesses and how others view you is very instructive.”

A Consular Officer also sent us the following details on the use of 360s at State/CA:

The Bureau of Consular Affairs also uses 360s as a development tool. Its CBAT program collects 360s for bidders and shares the report of the assessors’ input with the bidder. There are fewer questions than on the leadership training 360s mentioned above, but the CBAT does ask “would you work with this employee again?” and offers free text fields for assessors to say whatever they want. In general, the new (2 years old) CBAT process has been received pretty well, although I think some officers have been surprised by frank feedback.  And on the leadership training you mentioned, that is also open to Civil Service employees. I think it is mandatory at GS-13/14/15.

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Related posts:

 

 

US Embassy N’Djamena: Travel Restrictions and Security Review in Chad

Posted: 2:17 am  EDT

 

July 7 Security Message: Due to the bombings in N’Djamena on Monday, June 15, and Monday, June 29, U.S. Embassy staff is restricted from visiting public, open-air markets at any time, and may not attend or visit public events or venues not held at US government residences.

Photo by discovery.state.gov

US Embassy N’Djamena, Chad — image from discovery.state.gov

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