Tick Tock: Ambassador Nominees Cleared by SFRC Still Waaaaaaaiting For Senate Votes

Posted: 12:54  pm EDT

 

The Senate will head out for its five-week August recess this week. According to the calendar, the recess would kick off on August 10 and run through Labor Day. The following nominees are currently waiting for a full Senate vote. Unless they get confirmed this week, they’re stuck in confirmation purgatory for another month.
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Cleared by the SFRC on May 21:

  • Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

Cleared by the SFRC on June 10:

  • Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

Cleared by the SFRC on June 25:

  • David Hale, 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 Islamic Republic of Pakistan.
  • Atul Keshap, of Virginia, 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 Democratic Socialist Republic of Sri Lanka, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Maldives.
  • Alaina B. Teplitz, of Illinois, 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 Federal Democratic Republic of Nepal.
  • William A. Heidt, of Pennsylvania, 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 Kingdom of Cambodia.
  • Glyn Townsend Davies, of the District of Columbia, 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 Kingdom of Thailand.
  • Jennifer Zimdahl Galt, of Colorado, 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 Mongolia.
  • Brian James Egan, of Maryland, to be Legal Adviser of the Department of State, vice Harold Hongju Koh, resigned.

Cleared by the SFRC on July 29

  • 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.
  • 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.

Also cleared by the SFRC are the two USAID nominees and one Foreign Service list with 181 names:

FOREIGN SERVICE

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.

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.

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The Iran Hostages: Long History of Efforts to Obtain Compensation

Posted: 12:22  pm EDT

 

We’ve previously blogged about the Iran hostages here (see Supremes Say No to Appeal from US Embassy Iran HostagesJanuary 20, 1981: The Iran Hostages – 30 Years LaterNovember 4, 1979: Iranian Mob Attacks US Embassy Tehran; Hostages Compensated $50/Day).  The following CRS report dated July 30, 2015  outlines the history of various efforts, including legislative efforts and court cases, and describes one bill currently before Congress, the Justice for Former American Hostages in Iran Act of 2015 (S. 868) on the bid to compensate the hostages.

Excerpted from CRS report via Secrecy News:

Even today, after the passage of more than three decades, the 1979-1981 Iran Hostage Crisis remains an event familiar to most Americans. Many might be unaware that the 52 American mostly military and diplomatic personnel held hostage in Tehran for 444 days or their survivors continue to strive for significant compensation for their ordeal. The former hostages and their families did receive a number of benefits under various civil service laws, and each hostage received from the U.S. government a cash payment of $50 for each day held hostage. The hostages have never received any compensation from Iran through court actions, all efforts having failed due to foreign sovereign immunity and an executive agreement known as the Algiers Accords, which bars such lawsuits. Congress took action to abrogate Iran’s sovereign immunity in the case, but never successfully abrogated the executive agreement, leaving the plaintiffs with jurisdiction to pursue their case but without a judicial cause of action.

Having lost their bids in the courts to obtain recompense, the former hostages have turned to Congress for relief.
[…]
The Justice for Former American Hostages in Iran Act of 2015, S. 868, a bill similar to S. 559 (113th Cong.), was introduced in the Senate at the end of March and referred to the Committee on Foreign Relations. Like its predecessor bill, S. 868 would establish the American Hostages in Iran Compensation Fund in the U.S. Treasury to be funded through a 30% surcharge on penalties, fines, and settlements collected from violators of U.S. sanctions prohibiting economic activity with Iran. The 2015 bill, however, would permit payments from the fund to be administered by the plaintiffs’ representative and principal agent in Roeder I, under the supervision of the Secretary of the Treasury. The surcharge would apply to sanctions administered by Department of State, the Department of the Treasury, the Department of Justice, the Department of Commerce, or the Department of Energy. Surcharges would be required to be paid to the Secretary of the Treasury without regard to whether the fine or penalty is paid directly to the federal agency that imposed it or it is deemed satisfied by a payment to another federal agency.

The purpose of the fund would be to make payments to the former hostages and their family members who are members of the proposed class in Roeder I, as well as to settle their claims against Iran. The proposed class in Roeder I appears to consist of “Representatives, administrators and/or executors of the estates of all diplomatic and military personnel and the civilian support staff who were working at the United States Embassy in Iran during November 1979 and were seized from the United States Embassy grounds, or the Iranian Foreign ministry, and held hostage from 1979 to 1981.”

Accordingly, it is unclear whether all spouses and children of the former hostages qualify for payments from the fund.

Payments would be made in the following amounts and according to this order of priority:

(A) To each living former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage [$4.44 million per former hostage].

(B) To the estate of each deceased former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage [$4.44 million per estate of a former hostage].

(C) To each spouse and child of a former hostage identified as a member of the proposed class described in subsection (a)(1) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage [$2.22 million per qualifying spouse or child of a former hostage].

The bill would not appear to provide compensation for former hostages who were released from captivity prior to 1981.

Under the bill, once a class member consents and receives payments from the fund, the recipient would be barred from bringing a lawsuit against Iran related to the hostage crisis. Once all payments are distributed according to the above plan, all such claims against Iran would be deemed waived and released.

Read in ful here: CRS R43210: The Iran Hostages: Efforts to Obtain Compensation.

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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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SFRC: Iran Nuclear Agreement Review, July 23, 10am – With Kerry, Moniz, and Lew

Posted: 4:24  am EDT
Updated: 4:21 pm EDT

 

Date: Thursday, July 23, 2015
Time: 10:00 AM
Location: Senate Dirksen G50
Presiding: Senator Corker

Witnesses

  1. The Honorable John F. Kerry
    Secretary Of State
    U.S. Department of State
    Washington , DC
  2. The Honorable Ernest Moniz
    Secretary
    U.S. Department of Energy
    Washington , DC
  3. The Honorable Jacob Lew
    Secretary
    U.S. Department of the Treasury
    Washington , DC

Prepared statements and video of SFRC hearing should be available here on July 23.

Update: Here is the Secretary of State:

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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

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

Posted: 6:17 pm EDT
Updated: 11:31 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 this is not the end of this bill. We hope to write a follow-up post on the security clearance component of this legislation.
— 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.

“Our committee has a responsibility to ensure limited federal resources for the State Department are used in a cost-effective manner to advance U.S. interests,” said Corker. “This effort takes a modest but important step toward reestablishing oversight of the State Department through an annual authorization, which hasn’t been enacted into law since 2002. In addition to prioritizing security upgrades for U.S. personnel at high threat posts, the legislation lays the groundwork to streamline State Department operations and make them more effective.”

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 will chop this down in bite sizes.

Below is the part related to the suspension of security clearance. If this bill passes,  it means placing a member of the Foreign Service in a temporary status without duties and without pay once a determination to suspend clearance has been made. Diplomats with suspended clearances are typically given desk jobs or telecommuting work that require little or none of their expertise; looks like this bill changes that. The bill does not say what happens (does he/she gets back pay?) if the suspension of clearance does not result in revocation and the employee is reinstated. Or if suspended employees with no work/no pay will be allowed to take temporary jobs while waiting for the resolution of their suspended clearances.

Section 216. Security clearance suspensions

(a)Suspension

Section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended—

(1)by striking the section heading and inserting the following:

610.Separation for cause; suspension

; and

(2)by adding at the end the following:

(c)

(1)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.

(2)Any member of the Foreign Service for whom a suspension is proposed under this subsection shall be entitled to—

(A)written notice stating the specific reasons for the proposed suspension;

(B)a reasonable time to respond orally and in writing to the proposed suspension;

(C)representation by an attorney or other representative; and

(D)a final written decision, including the specific reasons for such decision, as soon as practicable.

(3)Any member suspended under this subsection may file a grievance in accordance with the procedures applicable to grievances under chapter 11.

(4)If a grievance is filed under paragraph (3)—

(A)the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and

(B)the Board may not exercise the authority provided under section 1106(8).

(5)In this subsection:

(A)The term reasonable time means—

(i)with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

(ii)with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.

(B)The terms suspend and suspension mean placing a member of the Foreign Service in a temporary status without duties and pay.

More here: Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016. This old article (pdf) on security clearance and knowing your rights might also be a useful to read.

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Gayle Smith For USAID Gets a Confirmation Hearing, a Protestor, an Open Letter to End Famine

Posted: 12:13 pm  PDT

 

On June 17, the Senate Foreign Relations Committee held a confirmation hearing on the nomination of Gayle Smith as the next USAID Administrator:

Ms. Gayle Smith Of Ohio,
To Be Administrator Of The United States Agency For International Development
Download Testimony (pdf)

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Then this happened:

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SFRC Clears Five Ambassadorial Nominees and Six Foreign Service Lists

Posted: 1:07 am EDT

 

On May 21st, the Senate Foreign Relations Committee (SFRC) cleared the following nominations:

  • Paul A. Folmsbee, of Oklahoma, 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 Mali.
  • Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.
  • Stafford Fitzgerald Haney, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica.
  • Charles C. Adams, Jr., of Maryland, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland.
  • Mary Catherine Phee, of Illinois, 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 South Sudan

The panel also cleared the nomination of Gentry Smith as Director of the Office of Foreign Mission and and Matthew McGuire for the International Bank for Reconstruction and Development

  • Gentry O. Smith, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service, vice Eric J. Boswell, resigned.
  • Matthew T. McGuire, of the District of Columbia, to be United States Executive Director of the International Bank for Reconstruction and Development for a term of two years, vice Ian Hoddy Solomon, term expired.

Nominations Placed on Secretary’s Desk

The following FS lists which include 621 nominees were also placed on the Secretary’s Desk. These are routine nomination lists, previously printed in the Congressional Record, placed on the Secretary’s desk for the information of Senators while awaiting floor action.

  • PN72 – 3 FOREIGN SERVICE nomination of Douglas A. Koneff, which was received by the Senate and appeared in the Congressional Record of January 13, 2015.
  • PN259 FOREIGN SERVICE nomination of Judy R. Reinke, which was received by the Senate and appeared in the Congressional Record of March 4, 2015.
  • PN260 FOREIGN SERVICE nominations (56) beginning Brian C. Brisson, and ending Catherine M. Werner, which nominations were received by the Senate and appeared in the Congressional Record of March 4, 2015.
  • PN368 FOREIGN SERVICE nominations (3) beginning Peter J. Olson, and ending Nicolas Rubio, which nominations were received by the Senate and appeared in the Congressional Record of April 15, 2015.
  • PN369 FOREIGN SERVICE nominations (346) beginning Craig A. Anderson, and ending Henry Kaminski, which nominations were received by the Senate and appeared in the Congressional Record of April 15, 2015.
  • PN370 FOREIGN SERVICE nominations (212) beginning Anthony S. Amatos, and ending Elena Zlatnik, which nominations were received by the Senate and appeared in the Congressional Record of April 15, 2015.

All one step closer to confirmation, but not quite there.

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SFRC May 20 Hearings: Delawie (Kosovo), Kelly (Georgia), Pettit (Latvia), Raji (Sweden), Noyes (Croatia)

Posted: 12:09 am EDT

 

The Senate Foreign Relations Committee (SFRC) will hold confirmation hearings on May 20 for ambassadorial nominees for Kosovo, Georgia, Latvia, Sweden and Croatia.

The fellowship of the tortoise SFRC held confirmation hearings on March 10 (see Nominations), March 25 (see Nominations), and May 19 (see Nominations). So far, it had only cleared cleared 6 Foreign Service lists on March 26 (see Business Meeting); all were cleared by the full Senate on March 27.  The SFRC is currently scheduled to take up 10 ambassadorial nominations and five FS lists on Thursday, May 21st.

Here’s what’s up for Wednesday, May 20:

Date: Wednesday, May 20, 2015
Time: 02:30 PM
Location: Senate Dirksen 419
Presiding: Senator Johnson

The confirmation hearing video will be online here when available.

Witnesses

  1. Gregory T. Delawie
    Of Virginia, To Be Ambassador To The Republic Of Kosovo
    (see Certificate of Competency: Delawie, Gregory T. – Republic of Kosovo – March 2015)
  2. The Honorable Ian C. Kelly
    Of Illinois, To Be Ambassador To Georgia
    (see Certificate: Kelly, Ian Crawford – Georgia- March 2015)
  3. Nancy Bikoff Pettit
    Of Virginia, To Be Ambassador To The Republic Of Latvia
    (see Certificate: Pettit, Nancy B. – Republic of Latvia – October 2014)
  4. Azita Raji

    Of California, To Be Ambassador To The Kingdom Of Sweden
    (see WH announcement of nomination dated October 23, 2014; political appointee, no Certificate of Competency posted on State Department website).

  5. Julieta Valls Noyes
    Of Virginia, To Be Ambassador To The Republic Of Croatia
    (see Certificate: Noyes, Julieta Valls – Republic of Croatia – April 2015)

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AFSA Elections: What’s Missing This Campaign Season? Fire, Ice and Some Spirited Debates, Please

Posted: 2:20 am  EDT

 

Retired SFSO David T. Jones, in the aftermath of a highly contentious 2009 election,  wrote that “AFSA’s elections must return to diplomatic civility rather than channeling canines contending over hunks of meat.”

The 2011 election was tamed and supervised by the Department of Labor. The 2013 election was underwhelming with most positions uncontested. The 2015 election by contrast has two full slates with fairly recognizable candidates. But one only has to watch a couple of town halls meetings to recognize that this is the most polite campaign to-date.  As if they were afraid to offend each other by asking real questions.

There are three candidates running for President of AFSA: Barbara Stephenson (Strong Diplomacy), Matthew Asada (Future Forward AFSA) and Tex Harris (no slate). Odd thing here is that Mr. Harris while running for president has also endorsed Mr. Asada.

On the May 6 campaign message, Ambassador Stephenson says this:

This election season, voters have a clear choice. If you are satisfied with what AFSA has been achieving for you, then there are two presidential candidates who represent that tradition. If, however, you want to see senior, experienced leaders and managers known for their interpersonal and negotiation skills work to achieve a more strategic set of outcomes, then please vote for the entire Strong Diplomacy slate.

Mr. Asada’s May 6 campaign message says:

Future Forward AFSA is running to ensure that AFSA remains an independent voice for the Foreign Service. Employees need an advocate that can collaborate with management to get things done, and challenge it when it strikes out in the wrong direction. AFSA was the first to sound the alarm about this bidding cycle’s “100 job deficit”.

Well, who else is supposed to sound the alarm, if not AFSA?

A SFSO deeply active in AFSA speaking on background says that he/she agrees that “there should not be personal attacks of any kind” but that there ought to be “a robust and spirited debates on the issues!” Candidates should be free to critique the current Board’s record, this AFSA fella told us, but that they should also elaborate what they would do differently.  Which seems fair enough.  If AFSA has set up an election forum, that should be put to excellent use in the last few weeks of this campaign.

We must say that it has not always been easy to get answers from AFSA in the last two years.  There are a few pet peeves we’d like to throw in because we never got a satisfying response.

Indefinite Senate “Hold” on Rank and File Nominations

We remain concerned about the genesis of the Senate “hold” on ordinary non-ambassadorial ranked members of the Foreign Service. The hold has air quotes because our understanding is that some nominations are actually not officially put in for consideration but is in what we’d call “confirmation purgatory.”  We have also asked about a few FSOs whose nominations have been stuck in the Senate confirmation process dating back to 2012. An AFSA insider who declined to be identified refers to the “mean-spiritedness” in the confirmation process.  We have asked Mr. Asada directly about the eight nominations awhile back and received no response.  Other folks we’ve asked were advised by AFSA not to talk to us about this.  This is concerning because the blog Dead Men Working has been blogging up a storm about this issue since late last year.  While we do not agree with everything DMW writes, that blog raises some troubling allegations that we think must be addressed.


The jobs, the jobs, shouldn’t we just do an auction every two years?

We understand that the Chief of Mission Guidelines initiative was adopted in part by the Obama Administration and is reportedly now being legislated in part by the Senate’s draft State Authorization bill.  (See AFSA Releases Underwhelming Ambassador Guidelines For “Successful Performance”).

There were two things we were hoping to see from AFSA: 1)  work on strengthening the Foreign Service Act of 1980 through Congress, who is after all, tasked to provide “advice and consent”on ambassadorial nominees under the U.S. Constitution, and 2)  work on the reinstatement of the OIG Inspector Evaluation Reports (IERs)  to promote accountability and successful performance of our chiefs of missions overseas.

That did not happen, of course. At the time when this COM Guidelines was being massaged into a sausage, we’ve heard from a good number of AFSA members  asking why this  was “done in the dark” without informing the membership. A couple helpfully suggested that perhaps the USG should just auction off all these jobs every two years given that anyone can do the work.  Well, what do you think about that auction?

AFSA’s Ambassador Statistics

We’ve seen the Obama political ambassador statistics at over 40% thrown about. The ft.com says 41% citing AFSA statistics on ambassadors. Roll Call repeated the number here on political ambassadorships.  We sent a note to AFSA citing the questions on Twitter re: ambo stats, specifically the accuracy of the % cited and if it has any comment. We  never got a response.

Blog pal @Philip Arsenault has done a lot of good work using presidential records to track the ambassadorial appointees going back to the Eisenhower Era.  He was not able to replicate the 41% Obama political ambassadorships attributed to AFSA.  It looks like AFSA counts every International Organization (IO) ambassadors for Obama but has sparse info for every other president. Since IO has the highest number of pol appointees, this could easily skew the numbers for President Obama.  If AFSA is counting IO appointees for the Obama tenure, it should also count the IO appointees for all other presidents.  Fairness requires that.  If it is unable to account for those IO appointees from other presidents, it should ditch the Obama numbers in the counting or  if they have to use to IO data, it must be clearly noted as such.

Also if AFSA is counting CDAs as ambassadors even when those are not Senate confirmed appointees, this could mess up with the numbers.  As an example of this, take a look at AFSA’s list for President Reagan’s ambassadors to Ethiopia from 1982-1991 (Reagan was in office from January 20, 1981 – January 20, 1989).  All three — Korn, Cheek, Houdek — are listed as career appointees. They are but there’s a problem.

According to history.state.gov, these diplomats were appointed as Chargé d’Affaires ad interim; they were not nominated by President Reagan, and they were not confirmed by the U.S. Senate.

Screen Shot 2015-05-12 at 2.38.18 PM

Screen capture from history.state.gov

Once Philip brought his concern to our attention, we stopped using AFSA’s numbers. As of this writing, the AFSA Ambassador Tracker indicates that President Obama’s political ambassador appointees for the second term is down from the reported 41% to 35.9%, still higher than Philip’s number which is 32.9%. We trust Philip’s data more because when there are questions, he is responsive, when there’s an error, he is quick to fix it. With AFSA, we got nothing but radio silence and we don’t see how we could rely on those numbers until they’re properly scrubbed.

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Wanna Talk About Stuff?

Depending on where you’re sitting, the following could mean something or not, worth a discussion at the election forum or not:

  • AFSA told us, “We do not publish election statistics on the AFSA website, nor do we provide that information to anonymous sources.” Again we’re asking — what legitimate reason is there for the election statistics of the labor union of the United States Foreign Service not to be public record or at the minimum, available to its membership? Shouldn’t AFSA members learn what kind of turnouts they have every election? Wouldn’t drilling down the numbers help with voter engagement?
  • A number of Foreign Service Grievance Board cases are “settled” or withdrawn. We understand that a confidentiality clause governs these cases. But when the Department “settles” these cases, how come the redacted complaint and the terms of the settlement are not made available by AFSA to its members for analysis?
  • Do you know that Department employees who take the CIA’s polygraph examination for detail assignments will have the  results of their polygraph provided to DS and HR for security  clearance and assignment purposes?  A source told us that “In and of itself, it does no  harm if the CIA retains them for its clearance purposes, but it can  have an unanticipated negative impact when indiscriminately released  by the CIA to third parties, like DS and HR, who use them in violation of the CIA’s restrictions to the Department  and assurances to the examinees.”  If this affects only a fraction of the Foreign Service, is that an excuse not to do anything about it, or at a minimum, provide an alert to employees contemplating these detail assignments?
  • An elected AFSA representative participated in the Brussels Forum of the German Marshall Fund in 2014. An AFSA member asked this blog why? The Brussels Forum is an annual high-level meeting of the most influential North American and European political, corporate, and intellectual leaders to address pressing challenges currently facing both sides of the Atlantic. Participants include heads of state, senior officials from the European Union institutions and the member states, U.S. Cabinet officials, Congressional representatives, Parliamentarians, academics, and media. We think the “why” question is a fair and legitimate question unless non-union fees were used for this participation.  Folks, stop sending us these “why” questions here. Every elected representative at AFSA should be willing and available to answer the why questions.
  • Assignments are typically handed out a year before folks have their rotation/change of station. What’s this we’re hearing about 300 unassigned Foreign Service employees  at the end of April? What’s being done about it?


Okay, there’s an indifferent Foreign Service majority but …

Mr. Jones wrote that very few AFSA members vote in Governing Board elections … “The essential conclusion must be that AFSA members regard the effect on their lives as so ancillary and/or the consequences from AFSA efforts so ineffectual that voting was not worth the few minutes to review candidates/platforms (or the cost of postage to return the ballot).”

Or email ballot.

We’ve said this before and we’ll say it again: What these elections show is that even if only 22% of the membership cast their ballots every two years, AFSA still operates as the professional association and recognized labor union of 100% of its Foreign Service members. In essence, the priorities of 1/5 of its membership, the minority who actually votes, becomes the priorities for all, including the majority who doesn’t.

Think about that. Even if a large number of members opt out by not voting, AFSA still functions on the Foreign Service’s behalf. Shouldn’t FS members at least make an effort to pick who gets to represent them?

We are paying attention to this election but for the record, we do not vote; we just sit on the wall and watch.  We do have two wishes.   There are already rumors that this could potentially be another contested election. So first, we really hope that the candidates do not go there. Following the 2009 election, the AFSA election turn out dipped dangerously down to 17%. Another contested election could potentially turn off the already small number of voters.  And if that happens, we would not blame them at all.

Second, we hope that whoever gets elected as the next Governing Board would endeavor to be more open and responsive to questions.  Even if those questions occasionally come from unusual quarters like ours.

The end.

Note: Please note that the comments section is purposely disabled for this blogpost. We hope AFSA provides an election forum for the members interested on the issues. If not, check out Strong Diplomacy and Future Forward AFSA, Ask questions. Start a discussion. Be ever present. Vote. Then get your friends to vote.

 

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