Noah Mamet Sworn-in as U.S. Ambassador to Argentina, Twice For Good Measure

– Domani Spero

 

Ambassador Noah B. Mamet was confirmed by the US Senate on December 2nd. He was sworn into office, in a private ceremony at the State Department with Western Hemisphere Affairs Assistant Secretary Roberta Jacobson administering the oath.

via U.S. Embassy Argentina

Ambassador-Designate Noah Mamet, with mother Millie Mamet, is sworn in by Bureau of Western Hemisphere Affairs Assistant Secretary Roberta Jacobson, December 3, 2014, at the U.S. Department of State. (Photo: Dept. of State)

On December 10, Ambassador Mamet was sworn-in again by Vice President Joe Biden at an official ceremony held at the White House. Argentine Ambassador to the United States Cecilia Nahon attended the ceremony.

Ambassador Mamet, with mother Millie Mamet, is sworn in by vice president Joseph Biden. (Photo: Vice President’s Office)

Ambassador Mamet, with mother Millie Mamet, is sworn in by vice president Joseph Biden. (Photo: Vice President’s Office)

 

Senator John McCain was once asked by Tim Russert about running as George W. Bush’s VP. His response was, “No. No way. The vice president has two duties. One is to inquire daily as to the health of the president, and the other is to attend the funerals of third world dictators.” He forgot to mention VPOTUS’ duty in the ceremonial swearing-in of political ambassadors, which sounds like fun, too.

Ambassador-designate Mamet is yet to present his credentials in Buenos Aires but he is already  on Twitter. Don’t get too excited there!   It looks like he actually joined Twitter in January 2010 but has only the following three tweets as of this writing.

 

 

 

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Academy of Diplomacy’s Pickering and Neumann Warns Secretary Kerry About Risk Avoidance At All Cost

– Domani Spero

 

The American Academy of Diplomacy’s chairman, Ambassador  Thomas Pickering and its president, Ambassador Ronald Neuman wrote a letter last week to Secretary Kerry urging his “support to get America’s diplomats into the field and back into contact with local societies.” The group is concerned that the demand that civilian officers operate “at or near zero risk” undermines the effectiveness of American diplomacy and America’s national security interests.

Excerpt below:

As terrorist attacks have grown, security restrictions have become more intense. This has been necessary but is now too dominant in decision making. Many of us have run critical threat posts. We have no illusions about the need to calculate and mitigate risk. But ultimately we must all judge the relative risks of any action against its benefits to the national interest. What we see happening in far too many places are decisions reflecting Washington guidance to avoid risk at all cost. This approach is spreading from critical threat posts to other less threatened posts and personnel, creating a chilling effect for our diplomats attempting to carry out their missions through travel and contacts across a wider range of security environments.

The demand that civilian officers operate at or near zero risk undermines the effectiveness of American diplomacy and, by extension, America’s national security interests. Engaging with the local population and its leaders is crucial to the knowledge essential to sound policy. Failure to do so adequately is a short-term loss for the conduct of diplomacy and a long-term loss for policy formulation. We support the view taken by senior Department officials who have acknowledged the need for accepting prudent risk in the conduct of diplomacy. However, we believe that your own leadership must be engaged to reinforce these statements and the concrete actions need to convey to the field some acceptance of measured risk taking.

The Academy urge more training on risk management not just for officers but also for Chiefs of Mission:

Foreign Service Officers accept worldwide assignment and that includes a measure of risk; that idea needs reinforcement. More tradecraft training for officers borrowing from the best the US government has to offer may be useful. Greater education in risk management certainly is needed for Chiefs of Mission who must be empowered to make critical decisions. Chiefs of Mission are already charged with securing their staffs but need much more training in how to make security judgments. More resources need to be devoted to all these areas. Security officers need to believe that their task is to enable mission performance as safely as possible but not to avoid all risk.

The group believes that “a focused conversation with Congress is required to gain acceptance for the realities of the decisions needed” and tells Secretary Kerry that it is prepared to help in a dialogue with Congress but needs a “specific direction” from the secretary of state for current practices to change.

The American Academy of Diplomacy is currently working on a major study of what is needed to improve the professionalism of American diplomacy and the capacity of Foreign Service Officers.

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High Drama in Hungary Awaits New American Ambassador

– Domani Spero

 

This past October, the U.S. Embassy in Hungary released the following statement:

The U.S. Embassy is not aware of any NAV investigations into US businesses or institutions in Hungary and no U.S. actions have been taken as the result of any such investigations.

The U.S. takes corruption seriously.  The U.S. Department of Justice has established an anti-kleptocracy unit to expand capacity to pursue cases in which ill-gotten wealth overseas is found to have a U.S. connection.

Certain Hungarian individuals have been found ineligible to enter the United States as the result of credible information that those individuals are either engaging in or benefiting from corruption.  This was a decision by the Department of State under the authority of Presidential Proclamation Number 7750 and its Anti-Kleptocracy Provision of January 12, 2004.  Criminal proceedings are up to the host nation to pursue.  U.S. privacy laws prohibit us from disclosing the names of the individuals involved.

No one is above the law.  The United States shares Hungary’s view of “zero tolerance” of corruption.  Addressing corruption requires a healthy system of checks, balances and transparency.  The U.S. Government action related to Hungarian individuals is not a Hungary-specific measure, but part of an intensified U.S. focus on combating corruption, a fundamental obstacle to good governance, transparency and democratic values.

The Budapest Beacon reported that ten Hungarian officials and associates have been banned for travel to the United States including individuals close to Prime Minister Viktor Orbán. Yup, the same one Senator McCain called   a “neo-fascist dictator.  And the reason Chargé d’Affaires André Goodfriend, our acting ambassador at the U.S. Embassy in Budapest was summoned to Hungary’s Foreign Ministry.

Last month, Hungary Today citing reports from Portfolio.hu has reported, said that the head of National Tax and Customs Administration of Hungary (NAV), Ildikó Vida had revealed that she and some of her colleagues are among those state officials that were banned by Washington from travelling to the United States.

 

 

Orbán also criticized Goodfriend for accusing a government official of corruption “while hiding behind diplomatic immunity”. Orbán called on Goodfriend to “be a man and take responsibility for his accusations” by agreeing to allow himself to be sued in a Hungarian court for defamation.

“In Hungary, if someone is proven to have been involved in corruption, we don’t replace that person but lock them up,” said the prime minister, neglecting to mention the fact that a similar fate awaits people convicted of defaming public officials.

Later in the day the head of the Fidesz caucus, Antal Rogán, an authority on corruption, told the Hungarian News Service that Goodfriend could prove to a Hungarian court of law if Vida was guilty of corruption, “but that this would first involve the US agreeing to lift his diplomatic immunity”.

Right and she did not want to be fired. As can be expected, the tax office (NAV) chief Ildikó Vida filed a defamation lawsuit against US embassy chargé d’affaires André Goodfriend.  According to Hungary Today, the complaint was filed with the prosecutor’s investigations office on the ground of “public defamation causing serious damage,” a NAV lawyer said.

 

 

The Financial Review notes that growing anti-government protests in the country may become another battleground between Europe and Russia.  Several protests in the last few months over corruption, internet tax plan, private pensions, etcetera.  The Review suggests that these protests against an  increasingly pro-Russian leadership, raised questions about whether the former communist nation could become the next Ukraine.

Amidst this, the U.S. Senate confirmed President Obama’s nominee to be ambassador to Hungary, and The Colbert Report noticed.

 

Mr. Colbert notes that “The Bold And The Beautiful is perfect training to be an ambassador. Hungary is a region rife with drama and constant threat of violence — exactly the situation the Forrester family routinely handles from their palatial estate while simultaneously running their fashion empire.”

As if that’s not enough, there are also some suggestions floating around the net on how Viktor Orbán can best use the Colleen Bell fiasco to screw the US and its liberal allies in Hungary. It includes wining and dining, and those are the nicer parts.

Meanwhile, @GoodfriendMA is going about his business, checking out the Christmas markets in Budapest and awaiting the arrival of his new boss.

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Where One FSO, Two FSO, Red FSO, Blue FSO — Bravely Attempts to Save the Blog

Some readers have written us in the last couple of weeks offering to help keep the blog online.  I have told them as I’ve told you that we will not go the route of crowdfunding again. I suck at raising funds, I do not want to disappoint the blog’s core supporters and it would make walking away harder. See  4,000th! And now, the end is near …

A blog pal who is funny,and brave, also known as OneFSO has decided to set up a fundraising page via the GoFundMe website: http://www.gofundme.com/savediplopundit. AnotherFSO who is thoughtful, and persistent is  working to “bundle” pledges on the blog’s behalf.  These friends are working together in an attempt to keep the blog alive.  And yes, I know them but for prudent reasons we’ll go by their campaign nicknames.  I’m letting them run with it with one request that they do an “All or Nothing” campaign. It would help keep the peace in my house.

Screen Shot 2014-12-15

If you have sent donations to this blog via PayPal in the last couple of weeks, I have not accepted and will decline those funds.  However, if you are still thinking of helping the blog, you may support OneFSO’s Keep Diplopundit Alive campaign instead of using PayPal. If the campaign does not reach its funding goal, it will not collect any funds.

Okay, that’s it for housekeeping updates. Hey, look — catzilla!  – Domani Spero 

Updated: Thanks for the shoutout James Bruno of Diplo-Denizen and Sadie Abroad!  I want that water cooler convo included in my obit , Jim.

From prguitarman.tumblr.com via Giphy

Fix the Leaning Tower of Pisa? Of course! I’m the only one who agrees with everything she writes all the time.   From prguitarman.tumblr.com via Giphy

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Revisiting the Mustafa Akarsu Local Guard Force Support Act

– Domani Spero

 

In December last year, we urged your support for a bill in Congress intended to provide Special Immigrant Visas (SIVs) to a surviving spouse or child of an employee of the United States Government killed overseas in the line of duty (see Please Ask Congress to Support the Mustafa Akarsu Local Guard Force Support Act).

This Act may be cited as the “Mustafa Akarsu Local Guard Force Support Act”.

SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

In General.–Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended in subparagraph (D)– (1) by inserting “(i)” before “an immigrant who is an employee”; and (2) by inserting the following: “(ii) an immigrant who is the surviving spouse or child of an employee of the United States Government abroad killed in the line of duty, provided that the employee had performed faithful service for a total of fifteen years, or more, and that the principal officer of a Foreign Service establishment (or, in the case of the American Institute of Taiwan, the Director thereof) in his discretion, recommends the granting of special immigrant status to the spouse and children and the Secretary of State approves such recommendation and find that it is in the national interest to grant such status;”. (b) Effective Date.–This Act and the amendments made by this Act shall take effect beginning on January 31, 2013, and shall have retroactive effect.

Check out this page showing support for H.R. 1781. Warning, reading the comments posted against this bill will melt your brain and make you want to throw your shoes at somebody.

A comment from a Maine voter says it all:

Some of the ignorant comments I have seen regarding this case make me ashamed. We have an obligation to the families of these guards who make the ultimate sacrifice, and a few nice words and a flag just don’t cut it. We need to do the right thing here.

So, on June 14, 2013, this bill was referred to the Subcommittee on Immigration and Border Security.  As of 12/13/2014 no related bill information has been received for H.R.1781 – the Mustafa Akarsu Local Guard Force Support Act.  The majority of the bills die in committee, and that apparently happened to this one, too.

The 114th Congress will be seated on January 3, 2015 and will run until January 3, 2017.  The GOP has taken control of both the Senate and the House. It is a worthwhile cause to urge our congressional representatives to revisit this bill again when they return in January, with great hope that it will pass this time.

We think it is important to emphasize that this bill, hopefully reintroduced in the 114th Congress, has a very narrow coverage — only for a spouse or child of a USG employee killed in the line of duty, and only if the employee has performed faithful service for at least fifteen years. It also needs the recommendation of the principal officer at post and the approval of the Secretary of State.

If Congress can allocate 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States (see “Lottery” Diversity Visas), we can find no reason why it cannot allocate visas to the next of kin of persons who actually died while protecting United States government officials and properties.

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Contact Congress: http://www.usa.gov/Contact/US-Congress.shtml

We believe this site will also update when the 114th Congress is seated and can be used to contact congressional representatives next year: http://www.contactingthecongress.org

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US Consulate Sydney Issues Emergency Message Over Siege in Nearby Café (Updated)

– Domani Spero

 

The US Consulate General in Sydney issued the following message over an ongoing security incident in a nearby cafe:

Emergency Message for U.S. Citizens: Ongoing Security Incident in Martin Place in Sydney

U.S. Consulate Sydney informs U.S. citizens of a security incident involving at least one armed person at Lindt Chocolate Café in Martin Place in Sydney. New South Wales and Australian Federal police are addressing the threat. Please avoid the area around Martin Place until further notice.

U.S. citizens are strongly encouraged to review your personal security plan, remain aware of your surroundings including local events, and monitor local news stations for updates. Maintain a high level of vigilance and take appropriate steps to enhance your personal security. 

Consulate General of the United States of America
American Citizen Services (ACS)
Level 10, 19-29 Martin Place Sydney NSW 2000
Telephone +61-2-9373-9200 (1:30 p.m. to 3:30 p.m. Regular Business Days)
Fax: +61-2-9373-9184
Email: sydneyacs@state.gov

For hourly updates on the security situation in Martin Place please call the following number: 02 9373 9297

 

 

According the BBC News Australia citing the website of Australian newspaper The Age is reporting that thousands of Sydney’s city workers have been sent home early and some major buildings have been evacuated. They include the Opera House, the State Library, Channel Seven television station offices, the New South Wales parliamentary executive offices, the NSW Supreme Court’s criminal courts and several city legal chambers.

BBC News Australia is also reporting that the CEO of Lindt says there are 10 staff and around 30 customers holed up in the cafe in central Sydney. Several people reportedly can be seen pressed up against windows inside the cafe, with some holding up some sort of flag.

Follow the live coverage here.

USCG Sydney is headed by Hugo Llorens who arrived in Sydney October 3, 2013 to become Principal Officer at the U.S. Consulate General with responsibility for the region encompassing New South Wales, Queensland and Norfolk Island. He previously served as the Assistant Chief of Mission at the U.S. Embassy in Kabul, Afghanistan from May 2012 to June 2013. He served as U.S. Ambassador to Honduras from September 2008 to July 2011.

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George J. Tsunis’ nomination as U.S. Ambassador to Norway ends

– Domani Spero

 

This past August, we blogged about the social media campaign opposing the nomination of George Tsunis to be ambassador to Norway (see Opposition to George J. Tsunis Nomination as Norway Ambassador Now a Social Media Campaign). At that time we wrote:

Given the many challenges facing our country these days, we don’t think the White House appreciates this new kind of headache. I mean, who would?  But we also suspect that it would not withdraw the nomination on its own. Once it nominated Mr. Tsunis, the WH is bound to stand by its nominee. The only way we think the WH would withdraw this nomination is if Mr. Tsunis , himself, withdraws his name from consideration.  That might be the most prudent action for Mr. Tsunis to do here. That would give President Obama a fresh start.

It took a while but today, it finally happened.

“It is over,” Tsunis said in a telephone interview with Newsday’s Tom Brune. He did not withdraw his nomination, the Senate clock simply ran out, but he did say he would decline to be nominated again for the 114th Congress. President Obama now has an opportunity to pick a new nominee as ambassador to the Kingdom of Norway.The White House Office of Personnel needs to find a new nominee, and hopefully that will happen fairly quickly and with more thought put into it.

More below:

A Senate aide confirmed Tsunis was out. Senate Democrats had attempted to wrap many unconfirmed nominees into a package for approval, Tsunis said, but the final measure left out his nomination.
[…]
Tsunis said he was grateful to be considered and went through a “tremendous life-learning experience.”
[…]
Tsunis said he would decline to be nominated again in the next Congress.

“I don’t think anybody would think it’s a good idea,” he said. “Norway has been without an ambassador for two years and the overarching thing should be: Let’s get them a first-rate ambassador.”

Read in full here.

Among the three most controversial nominees this cycle, two had already been confirmed. The one difference with the Tsunis nomination is that unlike the Mamet and Bell nominations, there were people who active lobbied Congress not to confirm this nomination. It turned out that the Norwegian-Americans in Minnesota and the Dakotas were pretty hard headed once they got their mind on one thing. And they nagged their elected representatives. Once the entire congressional delegations of Minnesota, North Dakota, and South Dakota went on the record to oppose this nomination,this was on life support.

The most recent ambassador to Norway, Barry White departed post in the fall of 2013. We should note for the record that we haven’t had a career ambassador appointed as US Ambassador to Oslo since President Lyndon Johnson appointed Margaret Joy Tibbetts, a career FSO sent there in 1964 and served until 1969.

There’s a lesson here somewhere, pay attention.

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Related posts:

 

 

 

 

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Confirmations: Gilbert (NZ), Barber (Iceland), Hyatt (Palau), Palmer (Malawi), Heflin (Cabo Verde), Chacon (DGHR)

– Domani Spero

 

Late Friday, December 12, the U.S. Senate confirmed by voice vote the following ambassadorial nominees:

  • Mark Gilbert – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to New Zealand, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Independent State of Samoa;
  • Robert C. Barber – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland;
  • Amy Jane Hyatt – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Palau;
  • Virginia E. Palmer – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malawi;
  • Donald L. Heflin – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cabo Verde;
  • Arnold A. Chacon – to be Director General of the Foreign Service;

The Senate also confirmed David Nathan Saperstein, to be Ambassador at Large for International Religious Freedom in a 61-36 vote.

Two members of the Broadcasting Board of Governors were also confirmed:

  • Michael W. Kempner – to be a Member of the Broadcasting Board of Governors for a term expiring August 13, 2015;
  • Leon Aron – to be a Member of the Broadcasting Board of Governors for a term expiring August 13, 2016

 

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High Risk Pregnancy Overseas: State/MED’s SOP Took Precedence Over the FAM? No Shit, Sherlock!

– Domani Spero

 

The Foreign Affairs Manual says that it is the general policy of the Department of State “to  provide all medical program participants with the best medical care possible at post. In a situation where local medical facilities are inadequate to provide required services, travel to locations where such services can be obtained may be authorized.” (see 16 FAM 311).  Elsewhere on the same regs, the FAM says  that “a pregnant patient who is abroad under U.S. Government authorization is strongly encouraged to have her delivery in the United States. The patient may depart from post approximately 45 days prior to the expected date of delivery and is expected to return to post within 45 days after delivery, subject to medical clearance or approval.” (see 16 FAM 315.2 Travel for Obstetrical Care).

A grievance case involving a high risk pregnancy of a Foreign Service spouse was recently decided by the Foreign Service Grievance Board (FSGB).  This is one case where you kind of want to bang your head on the wall. The FAM gets the last word in the Foreign Service, but in this case (and we don’t know how many more), the State Department  ditched the relevant citation on the Foreign Affairs Manual in favor of a longstanding practice on its Standard Operating Procedure (SOP). Specifically, the Department’s Office of Medical Services (MED)  SOP. So basically, MED relied on its interpretation of the regulations contained on its SOP instead of the clear language included in the FAM.

No shit, Sherlock!

Excerpt below from FSGB Case No. 2014-007.

SUMMARY: During grievant’s tour in his spouse became pregnant. She had had five previous pregnancies, none of which resulted in a viable birth. The post medical team (FSMP) and the State Department Office of Medical Services (MED) both agreed that this was a very high-risk pregnancy and that the preferred option was that the spouse return to the U.S. as soon as possible for a special procedure and stay under the care of a single obstetrician specializing in high-risk care for the remainder of her pregnancy. Although MED authorized a 14-day medical evacuation for the procedure, it advised grievant that, under its longstanding practice, it could not authorize further medical evacuation per diem under 16 FAM 317.1(c) prior to the 24th week of gestation. MED instead directed grievant to seek the much lower Separate Maintenance Allowance (SMA).

Grievant claimed that the regulation itself stated only that per diem for complicated obstetrical care could be provided for up to 180 days, and therefore permitted his spouse to receive such per diem beginning in approximately the 10th week of pregnancy, when she returned to the U.S. for treatment. He also claimed that he was entitled to have his airline ticket paid for by the agency as a non-medical attendant when he accompanied his wife back to the U.S., since her condition precluded her from carrying her own bags.

The Board concluded that the agency’s regulation was not ambiguous, and that any clarification meant to be provided by the agency’s longstanding practice was both plainly erroneous and inconsistent with the agency’s own regulations, and arbitrary and capricious. We, therefore, did not accord any deference to the agency’s interpretation of its regulations by virtue of this practice, and relied instead on the language of the regulation itself.

Here is the FAM section on Complicated obstetrical care:

16 FAM 317.1(c):  If the Medical Director or designee or the FSMP [Foreign Service Medical Provider] at post determines that there are medical complications necessitating early departure from post or delayed return to post, per diem at the rates described in 16 FAM 316.1, may be extended, as necessary, from 90 days for up to a total of 180 days.  

More from the Record of Proceeding:

When FSMP contacted MED in Washington, DC, they were given the response that MED does not medevac for obstetrical care until after the 24th week of gestation. The 24th week of gestation is when the medical world deems a fetus viable outside of the womb. Grievant claims both FSMP and the post’s Human Resources (HR) reviewed the FAM and other MED documents to determine how MED handles high risk pregnancies at a hardship post and could not find any reference that limited a high risk pregnancy to the 24 weeks claimed by MED.

Grievant claims he contacted the head of MED and asked for an explanation as to why MED was not following 16 FAM 317.1(c), which allowed for medevac for high risk pregnancies. M/MED/FP responded with the following in an e-mail dated August 27, 2013:

This issue of how early a woman can be medevac’d for delivery comes up regularly. So does the situation of cervical cerclage – up to 80,000 procedures are done in the U.S. per year. While not in the FAM, MED has a long standing internal SOP that the earliest we will medevac a mother for obstetrical delivery is at 24 weeks gestation. 

Grievant claims that his spouse’s pregnancy was high-risk enough to qualify for medical evacuation prior to the 24 weeks’ gestation. Grievant also argues that every medical professional in and in Washington, including MED staff, agreed. Grievant argues that MED’s justification for how they choose which pregnancy to deem OB-medevac-worthy for high risk is ambiguous. Grievant takes issue with MED imposing internal rules that are not published in the FAM. Grievant claims that the alternatives offered by MED were not in accordance with 16 FAM 317.1(c).

What was the official State Department position?

The agency asserts that grievant’s wife was medevac’d to Washington, DC, to receive obstetrical care. MED did not believe there were medical complications necessitating early departure from post or delayed return to post. Thus, the agency claims, 16 FAM 317.1(c) does not apply to her situation.

Did it not matter that the FSO’s wife “had had five previous pregnancies, none of which resulted in a viable birth?”  The Department also made the following argument:

The agency further argues that, in any event, although not compelled by law, the Department’s Office of Medical Services (MED) has a longstanding internal Standard Operating Procedure (SOP) that the earliest MED will authorize a medevac of a pregnant woman for delivery, even in the case of complicated pregnancies, is 24 weeks’ gestational age. This SOP, MED asserts, is based on the medical community’s widely accepted recognition that the gestational age for fetal viability is 24 weeks. 

Ugh!

The ROP states that MED personnel communicating with both grievant and the post FSMP repeatedly relied on the SOP that no medevac would be provided prior to the 24th week of pregnancy as the basis for their guidance. They did not cite grievant’s wife’s particular medical circumstances as the rationale for denying an earlier continuous medevac.

You might remember that the last time MED failed to use common sense, the State Department ended up as a target of a class action lawsuit.

Here is the Board’s view:

It is the Board’s view that 16 FAM 317.1(c) is not ambiguous. It provides for the Medical Director or designee or the FSMP at post to determine if there is a complication requiring early departure or a delayed return, and authorizes up to 180 days’ per diem when such a determination is made. The entire context of the provision is to define what benefits are provided when based upon medical needs, and the provision appears to reflect the individualized medical decision making required in the case of complicated obstetrical care. Although the preceding provision, 16 FAM 317.1(b),8 places a set 45-day limit for per diem both before and after an uncomplicated pregnancy and birth, that limit is also, by all appearances, based on medical analysis of normal pregnancies and deliveries, which lend themselves to such generalizations. Airlines do not allow pregnant women to travel less than 45 days before birth, because of the risks involved. 16 FAM 317.1(b) recognizes and incorporates that medical evaluation under the circumstances of a normal pregnancy. Although not stated explicitly in the record, we assume that the 45 days of per diem permitted after delivery also reflects a medical assessment of recovery times under normal circumstances, which, because they are normal, can be generalized.
[…]
In the Board’s view, the longstanding practice is also arbitrary and capricious and an abuse of discretion. As stated by MED, the rationale for the 24-week practice is that a fetus is generally not considered viable before the 24th week of pregnancy. It is not based on, and does not take into consideration, whether the mother’s need for medical care can be provided safely at post prior to the 24th week, or whether the medical care needed by any fetus of less than 24 weeks to come to full term as a healthy baby can safely be provided at post. It is difficult to see any link at all between the rationale offered by State/MED with the recognition of medical needs established in the regulations.

It is the Board’s conclusion that 16 FAM 317.1(c) is not ambiguous, and that any clarification meant to be provided by the Department’s longstanding practice of requiring the 24-week waiting period in cases of complicated pregnancies is both plainly erroneous and inconsistent with the Department’s own regulations, and arbitrary and capricious. We, therefore, do not accord any deference to the Department’s interpretation of its regulations by virtue of this practice, and rely instead on the regulation itself.

To the extent that the agency is arguing that the SOP is freestanding and applies by its own terms, apart from 16 FAM 317.1(c), again, we conclude that the agency is in error. By the same analysis as outlined above, the SOP conflicts with the provision of the published regulations of the agency. An SOP may not take precedence over a regulation with which it is in conflict.

The Board’s conclusion, based on the record, is that this was a high-risk pregnancy, with risks to both the mother and the fetus, and that the necessary obstetrical care was in the U.S. Under these circumstances, medical evacuation per diem should have been authorized beginning upon the return of grievant’s wife to the U.S., and continuing for 180 days.

Doesn’t it makes you wonder how many high risk pregnant women on USG orders overseas were affected by this longstanding internal Standard Operating Procedure (SOP)?  If planning on getting pregnant overseas, read the redacted ROP below:

 

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James Gibney: Obama Sells Out U.S. Diplomats (Bloomberg View)

– Domani Spero

 

Former FSO, James Gibney writes editorials on international affairs for Bloomberg View. He was previously features editor at the Atlantic, deputy editor at the New York Times op-ed page and executive editor at Foreign Policy magazine. He was a speechwriter for Secretary of State Warren Christopher, National Security Adviser Anthony Lake and President Bill Clinton. His latest below on State Department appointments:

The confirmation last week of two spectacularly unqualified political nominees to head U.S. embassies in two budding autocracies (Hungary and Argentina) prompted some predictable tut-tutting.

Sadly, President Barack Obama’s approach to State Department appointments has deeper problems than garden-variety patronage. Political hirelings have been insinuated much lower into the department’s bureaucracy. And after trumpeting tough ethics rules, the administration has carved out loopholes for hiring former lobbyists and “special government employees” who can earn outside income while in their official posts. Never mind the impact this breach of boundaries has on Foreign Service officers’ dreams of future policy greatness. It’s a recipe for flawed, and potentially corrupt, policy making.

Of course, even the uber-diplomatic George H. W. Bush had his undiplomatic appointments. My favorite: Peter Secchia, a Michigan building magnate who, before arriving to take up his post in Rome, said, “I saw the new Italian Navy. Its boats have glass bottoms so they can see the old Italian Navy.”

Read in full here.

For a companion read, check out State Dept Assistant Secretary Positions: How Far Back is “Recent Memory?”

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Filed under Ambassadors, Appointments, Assistant Secretary, Foreign Affairs, FSOs, Obama, Political Appointees, Realities of the FS, Staffing the FS, State Department