Senate on Recess, See Pending @StateDept Nominations (as of August 4, 2018)

Posted: 4:40 pm PT

 

The U.S. Senate went on its summer recess on Wednesday, August 1. The senators will not be back until August 15. Nominees hoping the Senate would make a slew of confirmation before they head home for their break must be disappointed. Roll Call reports that the Senate will hold brief pro forma sessions only until Wednesday, Aug. 15. These sessions are not designed to include legislative business but will prevent President Trump from making recess appointments.

Even after the Senate returns to work in a couple of weeks, their tentative schedule does not leave a lot of time before the senators head home again to campaign. While some of these nominations will presumably get through the full Senate before November, we suspect that some will likely die in committee given the length of time they’ve been sitting there with no action.

Below is a run down of one confirmation we’ve missed (Poland), the nominations currently pending in the Executive Calendar (cleared by the SRFC/SSCI but awaiting their final vote in the Senate), and the nominations pending (some appears stuck) in the Senate Foreign Relations Committee as of August 4, 2018.

CONFIRMATIONS

2018-07-12 PN1640  | Georgette Mosbacher, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Poland.

PENDING ON THE EXECUTIVE CALENDAR

PN1708 | Kimberly Breier, of Virginia, to be an Assistant Secretary of State (Western Hemisphere Affairs)

PN2030 Denise Natali, of New Jersey, to be an Assistant Secretary of State (Conflict and Stabilization Operations).

PN2140 | Ellen E. McCarthy, of Virginia, to be an Assistant Secretary of State (Intelligence and Research)

PN1768Kenneth S. George, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Oriental Republic of Uruguay.

PN1942 | Randy W. Berry, 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 the Federal Democratic Republic of Nepal.

PN2028 | Donald Lu, 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.

PN2031 | Alaina B. Teplitz, 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 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.

PN1638 | Joseph Cella, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu.

PN1762 | Stephen Akard, of Indiana, to be Director of the Office of Foreign Missions, with the rank of Ambassador.

PN1447 | Jackie Wolcott, of Virginia, to be Representative of the United States of America to the International Atomic Energy Agency, with the rank of Ambassador.

PN1448 | Jackie Wolcott, of Virginia, to be Representative of the United States of America to the Vienna Office of the United Nations, with the rank of Ambassador.

PN2019 | Cherith Norman Chalet, of New Jersey, to be Representative of the United States of America to the United Nations for U.N. Management and Reform, with the rank of Ambassador.

PN2020 | Cherith Norman Chalet, of New Jersey, 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 to the United Nations for U.N. Management and Reform.

PN2319 | Nominations beginning Philip S. Goldberg, and ending Daniel Bennett Smith, which 4 nominations were received by the Senate and appeared in the Congressional Record on July 18, 2018.

PN2132 | Nomination for Jason Alexander, which nomination was received by the Senate and appeared in the Congressional Record on June 11, 2018.

PN1802-2 | Nomination for Maureen A. Shauket, which nomination was received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1802-1 | Nomination for Peter A. Malnak, which nomination was received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1801-1 | Nominations beginning Sandillo Banerjee, and ending Robert Peaslee, which 4 nominations were received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1800-2 | Nomination for Tanya S. Urquieta, which nomination was received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1800-1 | Nominations beginning Polly Catherine Dunford-Zahar, and ending William M. Patterson, which 12 nominations were received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1800-1 | Nominations beginning Polly Catherine Dunford-Zahar, and ending William M. Patterson, which 12 nominations were received by the Senate and appeared in the Congressional Record on April 9, 2018.

PN1743 | Nominations beginning Michael Calvert, and ending Marvin Smith, which 27 nominations were received by the Senate and appeared in the Congressional Record on March 12, 2018.

PENDING IN COMMITTEE

STATE DEPARTMENT

2018-07-18 PN2276 |  David Hale, of New Jersey, a Career Member of the Senior Foreign Service, Class of Career Minister, to be an Under Secretary of State (Political Affairs).

2018-06-18 PN2139 | Brian J. Bulatao, of Texas, to be an Under Secretary of State (Management).

2018-07-09 PN2236 | John Cotton Richmond, of Virginia, to be Director of the Office to Monitor and Combat Trafficking, with the rank of Ambassador at Large.

2018-07-09 PN2232 | R. Clarke Cooper, of Florida, to be an Assistant Secretary of State (Political-Military Affairs). Note: Aug 1 WaPo report notes that Sen. Edward J. Markey (D-Mass.) informed R. Clarke Cooper, who is nominated as the next assistant secretary of state for political-military affairs, that he would be objecting to his confirmation until the administration reverses its policy. Cooper would have authority over the Directorate of Defense Trade Controls, the government office that reached a settlement with Defense Distributed that would have allowed it to post the blueprints.

2018-06-25 PN2207 | Robert A. Destro, of Virginia, to be Assistant Secretary of State for Democracy, Human Rights, and Labor.

2018-05-24 PN2029 | Ronald Mortensen, of Utah, to be an Assistant Secretary of State (Population, Refugees, and Migration).

2018-04-09 PN1769 | David Schenker, of New Jersey, to be an Assistant Secretary of State (Near Eastern Affairs).

2018-01-08 PN1386 | Susan A. Thornton, of Maine, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (East Asian and Pacific Affairs). (Note: Nominee retired as of June 30, 2018)

AMBASSADOR NOMINEES

2018-07-31 PN2351 | Adrian Zuckerman, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

2018-07-31 PN2350 | Lucy Tamlyn, 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 Central African Republic.

2018-07-31 PN2349 | Judy Rising Reinke, of Virginia, 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 Montenegro.

2018-07-23 PN2324 | Earl Robert Miller, of Michigan, 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 People’s Republic of Bangladesh.

2018-07-18 PN2278 | Donald Y. Yamamoto, of Washington, 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 Federal Republic of Somalia.

2018-07-17 PN2267 | Kevin K. Sullivan, of Ohio, 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.

2018-07-09 PN2239 | Karen L. Williams, of Missouri, 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 Suriname.

2018-07-09 PN2238 | Stephanie Sanders Sullivan, of Maryland, 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 Ghana.

2018-07-09 PN2237 | Daniel N. Rosenblum, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uzbekistan.

2018-07-09 PN2235 | Francisco Luis Palmieri, of Connecticut, 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 Honduras.

2018-07-09 PN2234 | Philip S. Kosnett, 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 Republic of Kosovo.

2018-07-09 PN2233 | Kathleen Ann Kavalec, 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 Republic of Albania.

2018-06-25 PN2208 | Dereck J. Hogan, 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 Republic of Moldova.

2018-06-25 PN2206 |  Lynda Blanchard, of Alabama, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia.

2018-06-20 PN2172 | Michael A. Hammer, of Maryland, 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 Democratic Republic of the Congo.

2018-05-24 PN2032 | Christine J. Toretti, of Pennsylvania, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malta.

2018-05-21 PN2022 | Donald R. Tapia, of Arizona, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica.

2018-05-21 PN2021 | John Rakolta, Jr., of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Arab Emirates.

2018-05-10 PN1943 | Kyle McCarter, of Illinois, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kenya.

2018-01-08 PN1384 | Doug Manchester, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

2018-01-08 PN1379 | Leandro Rizzuto, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Barbados, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federation of Saint Kitts and Nevis, Saint Lucia, Antigua and Barbuda, the Commonwealth of Dominica, Grenada, and Saint Vincent and the Grenadines.

2018-01-08 PN1376 | Andrew M. Gellert, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Chile.

2017-12-01 PN1290 | David T. Fischer, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Morocco.

INTERNATIONAL ORGANIZATIONS

2018-07-18 PN2277  | UNFAO – Kip Tom, of Indiana, for the rank of Ambassador during his tenure of service as U.S. Representative to the United Nations Agencies for Food and Agriculture.

2018-04-12 PN1824 International Monetary Fund | Mark Rosen, of Connecticut, to be United States Executive Director of the International Monetary Fund for a term of two years.

USAID

2018-06-28 PN2223 | Michael T. Harvey, of Texas, to be an Assistant Administrator of the United States Agency for International Development.

2018-06-20 PN2178 | Mark Montgomery, of Virginia, to be an Assistant Administrator of the United States Agency for International Development.

2018-04-12 PN1823 | Bonnie Glick, of Maryland, to be Deputy Administrator of the United States Agency for International Development.

FS LISTS

2018-07-31 PN2371 Foreign Service | Nominations beginning Ami J. Abou-Bakr, and ending Emily Yu, which 71 nominations were received by the Senate and appeared in the Congressional Record on July 31, 2018.

2018-07-31 PN2370 Foreign Service | Nominations beginning James Robert Adams, and ending Christopher M. Zveare, which 171 nominations were received by the Senate and appeared in the Congressional Record on July 31, 2018.

2018-07-31 PN2369 Foreign Service | Nomination for Daniel Mark Smolka, which nomination was received by the Senate and appeared in the Congressional Record on July 31, 2018.

2018-06-11 PN2131 Foreign Service | Nominations beginning Michael Ashkouri, and ending Omar Robles, which 5 nominations were received by the Senate and appeared in the Congressional Record on June 11, 2018.

2018-04-09 PN1801-2 Foreign Service | Nomination for Dao Le, which nomination was received by the Senate and appeared in the Congressional Record on April 9, 2018.

2018-03-12 PN1744-4 Foreign Service | Nominations beginning Keisha L. Effiom, and ending Robin Sharma, which 2 nominations were received by the Senate and appeared in the Congressional Record on March 12, 2018.

Broadcasting Board of Governors

2018-06-04 PN2052  | Michael Pack, of Maryland, to be Chief Executive Officer of the Broadcasting Board of Governors for the term of three years.

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Trump’s Second Nominee For @StateDept Personnel Chief Has Some #INL Baggage

Posted: 2:58 pm PT

 

In October 2017, President Trump announced his intent to nominate former FSO Stephen Akard to be the Director General of the Foreign Service (see Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment). After fierce opposition, the White House officially withdrew the nomination of Mr. Akard on March 20, 2018 (see DGHR Nominee Stephen Akard Now Nominated as Director of the Office of Foreign Missions).

On July 31, contrary to the widely circulated rumors about the next DGHR nomination, the WH announced the president’s intent to nominate career diplomat Carol Z. Perez of Virginia, to be the next Director General of the Foreign Service .  The WH released the following brief bio:

Ambassador Perez, a career member of the Senior Foreign Service, has served as the Ambassador to the Republic of Chile since 2016. Previously, she was the Principal Deputy Assistant Secretary in the Bureau of Human Resources and was Principal Deputy Assistant Secretary in the Bureau of International Narcotics and Law Enforcement Affairs, both at the Department of State. Over the course of her three decades of service in the Department of State, Ambassador Perez has also served as Principal Officer and Consul General at U.S. Consulate General Milan, Italy, Executive Director and Deputy Executive Secretary of the Department of State, and Principal Officer and Consul General at U.S. Consulate General Barcelona, Spain. She earned her B.A. from Hiram College and M.A. from George Washington University. Ambassador Perez is the recipient of a Presidential Rank Award and multiple senior State Department Awards, including the Distinguished Service Award and Distinguished Honor Award.

Click here (PDF) for her most recent testimony at the Senate Foreign Relations Committee during her confirmation hearing as U.S. Ambassador to Chile in 2016.

The Director General of the U.S. Foreign Service is equivalent in rank to an Assistant Secretary of State. He/She is responsible for all personnel matters affecting the Foreign Service and the Civil Service at the State Department, including appointments, promotions, worldwide assignments, disciplinary actions, etc. Click here for the previous appointees to this position.

In May 2017, State/OIG released A Special Joint Review of Post-Incident Responses by the Department of State and Drug Enforcement Administration to Three Deadly Force Incidents in Honduras (PDF).

Stick with us here. This joint report relates to three drug interdiction missions in Honduras on May 11, June 23, and July 3, 2012, under a program known as Operation Anvil which resulted in four people killed (including two pregnant women) and four others injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire.  No evidence of narcotics was ever found on the passenger boat. In a second incident, a suspect was killed in a firefight that did not actually happen, and in a third incident that involved a plane crash, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.

At the time of these incidents, Ambassador Carol Perez was the Principal Deputy Assistant Secretary (PDAS) at the Bureau of International Narcotics and Law Enforcement Affairs (INL), the second highest ranking official in the bureau.

One of the report’s findings has to do with INL failure to comply with Chief of Mission Authority which undermined the U.S. Ambassador’s exercise of her authority at post. The U.S. Ambassador to Honduras at that time was Lisa Kubiske. Excerpt from the report (see p.323-324 for more):

As a bureau within the Department of State, INL should understand the importance of Chief of Mission authority. However, INL senior officials repeatedly undermined Ambassador Kubiske’s authority and failed to cooperate with the investigations she authorized.

Within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents, INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.
[…]
In addition, INL failed to comply with Chief of Mission authority by refusing to assist DS in its attempt to interview the helicopter crews. As noted in Chapter Ten, the SID agent requested to speak with the pilots and gunners, but INL denied this request. The request was forwarded up to the highest levels of INL, and AS Brownfield instructed his staff not to cooperate. Although he recognized that the request fell under the Chief of Mission authority, he instructed that INL was not to produce the crew for DS to interview. Senior DS and INL officials also discussed the request at a September 2012 meeting, but AS Brownfield remained opposed to providing DS access to the crews. In fact, INL was not even focused on the circumstances of the helicopter opening fire on the passenger boat, because they believed the helicopter fire was suppressive only and not intended as a use of deadly force.

The failure of DEA and INL to provide any cooperation with the investigation requested by the Ambassador resulted in the inability of the SID Agent to complete his investigations and develop conclusive findings regarding the three shooting incidents. DEA’s refusal to follow the Ambassador’s written request for information,supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents. Ambassador Kubiske and other State officials had grave concerns over the methodology and findings of the various Honduran investigations, so she requested the DS investigation to better understand what could quickly become a diplomatic problem. However, her intentions were never realized because of the failure of DEA and INL to abide by Chief of Mission authority.

Tsk! Tsk! Another part of the report notes that INL sided with DEA in jurisdictional dispute, and also specifically names Ambassador Perez:

On June 28, 2012, INL Principal Deputy Assistant Secretary (PDAS) Carol Perez sent an e-mail communication to INL Assistant Secretary (AS) William Brownfield stating that DEA had “squawked” to INL about the DS investigation in Honduras and that she thought the “DS Office of Special Investigations got out a bit too far on this.”

On the same day, PDAS Perez sent another e-mail communication stating that she had been provided good informationto “buttress our arguments that DS has no role in this except at post at the direction of the COM.”

An e-mail communication the same day from another INL official to the INL Director at the U.S. Embassy stated that DS had launched an investigation of the June 23 shooting but that “INL/FO called DS to turn the investigation off.”

On June 29, after Wallace provided Heinemann with DEA’s position at that time on the DS investigation, noting that “INL shares some of our concerns and that INL is in contact with DS senior management” on the issue, Heinemann contacted a DS attorney requesting information on “what has been happening between INL and DS.” In response, the DS attorney told Heinemann:

I learned that Carol Perez in INL contacted DS Director Bultrowicz about this and said that INL’s position is that DS doesn’t have the authority to conduct an investigation of this DEA shooting.

[…] When we asked AS Brownfield and PDAS Perez about these discussions in late June 2012, they told us that INL had not attempted to stop the DS investigation. They did, however, acknowledge raising some concerns about the authority of DS to investigate and their belief that the investigation should be handled by the Embassy rather than DS Headquarters in Washington, and stated that they were simply trying to resolve the dispute without it becoming a problem for INL.
[…]
Several DS officials told us that it was obvious to them that INL was hostile to the DS investigations and voiced frustration that it was much harder to convince DEA to come to an agreement with DS when DS lacked support from other State bureaus on this matter.

The report also has something to say about then INL A/S Bill Brownfield but he is now retired, and he is not currently under consideration to be top personnel chief of the Foreign Service (see our old post So who told Congress the real story about the deadly force incidents in Honduras in 2012? #OperationAnvil

Ambassador Perez is a career member of the Senior Foreign Service. If confirmed, she would be one of the few top ranking female career employees at the State Department, but we believe there are appropriate questions to ask related to her role in the aftermath of the Operation Anvil given the leadership role she will take on as head of a global workforce of over 75,000 employees.

For starters – what are the exceptions for ignoring/undermining Chief of Mission Authority? Click the link to read more about Chief of Mission Authority.  Also what’s the deal with throwing Diplomatic Security under the bus and taking DEA’s side in a jurisdictional dispute overseas? Those were DEA deadly force incidents and these top INL officials somehow thought that DEA should investigate itself instead of Diplomatic Security? Why would INL offer DEA to push the DS investigation“back into the box”?  It was DS not/not DEA, by the way, “who found no evidence indicative of gunfire from the passenger boat.” We look forward to the senators asking relevant questions during the DGHR nominee’s  confirmation hearing.

We should also note that between 2003-2007, Ambassador Perez served as Executive Director at the Executive Secretariat of the State Department; this would have been during the Powell-Rice tenures in Foggy Bottom. State OIG’s ISP-I-07-38 inspection of the office includes the following:

The Executive Director, who has been in the job since 2003, is recognized by her customer offices as a highly professional, competent, and dedicated manager. She has as her twin priorities the overall direction of the office, dealing with the major management issues that arise, and personally assuring that the Secretary gets the pri- ority attention needed to support her mission. […] Having served previously in S/ES-EX, the Executive Director brings a wealth of background and sound judgment in dealing with varied and sensitive management issues ranging from office space, personnel, and travel demands down to who gets parking passes.  Those issues involve a senior level clientele who, by definition, have a high personal sensitivity to anything viewed as impinging on their status. She and her deputy also have to deal with the major resource issues and battle with the Department management offices on the ever increasing space demands emanating from F, S/CT, and the smaller new offices set up under the aegis of S.

Beyond those demands, the Executive Director takes personal responsibility for dealing with support issues involving the Secretary, most visibly the Secretary’s travel. She is responsible for managing the military airlift logistical requirements for the Sec- retary’s foreign travel and accompanies the Secretary on all international trips. That absorbs up to 50 percent of her work time. The Secretary’s staff has only praise for the Executive Director’s performance and her ability to manage logistical crises, large and small, during these trips. They also give her high marks for overall management support of the Secretary’s office.

So there, the links to the two reports are included here and here just in time for your weekend reading.

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@StateDept Issues Guidance For Gender Change in U.S. Passports

Posted: 12:03 pm ET

 

We’ve seen reports about the revocation of U.S. passports of at least two transwomen. Revocation typically means the bearer of the passport is not a U.S. national, and that is permanent. Denial of passport applications on the other hand could mean new/additional documents are required before adjudication of the application is completed.  In any case, we’ve asked the State Department for comment about this news and we received the following response from an official, on background:

We have seen reports of a few transgender individuals having difficulty renewing their passports. The Department has not changed policy or practice regarding the adjudication of passport applications for transgender individuals.  While we cannot comment on individual passport applications due to privacy concerns, the Department addresses cases individually, and strives to treat all applicants with dignity and respect. We have provided passport services to transgender individuals for many years, and have extensive instructions for such applications on our website. We cannot comment on individual cases, but are not aware of any revocations of passports for transgender individuals.

The State Department’s travel.state.gov page has a webpage for gender designation change here.

On June 27, 2018, the Bureau of Consular Affairs (CA/PPT/S/A) did issue a policy guidance on Gender Change that appears new with no superseding guidance as best we could tell. They are now now incorporated in the Foreign Affairs Manual under 8 FAM 403.3. So we asked the State Department if this is new guidance and we were told the following:

The Department has not changed policy or practice regarding the adjudication of passport applications for transgender individuals.  The Department’s policy guidelines were introduced on June 10, 2010. Since that point, medical certification of final gender reassignment surgery was no longer a requirement for issuance of a passport in the changed gender. Certification from an attending medical physician stating that the applicant has undergone appropriate clinical treatment for gender transition is acceptable. If CA receives an appropriate certification that transition is complete from a licensed physician, a full-validity passport will be issued.

Per 8 FAM 403.3 dated June 27, 2017 note the following:

a. This subchapter provides policy and procedures that passport specialists and consular officers (“you”) must follow when an applicant indicates a gender on the “sex” line on the passport application with information different from the one reflected on some or all of the submitted citizenship and/or identity evidence, including a prior passport.

b. This policy explains the need for medical certification from a licensed physician who has treated the applicant or reviewed and evaluated the medical history of the applicant regarding the change in gender, as well as the need for accurate identification and a photograph reflecting the applicants current appearance. It is based on standards and recommendations of the World Professional Association for Transgender Health (WPATH), recognized as the authority in this field by the American Medical Association (AMA).

c. A passport is defined by INA 101(a)(30) (Immigration and Nationality Act) (8 U.S.C. 1101(a)(30)) as “any travel document issued by competent authority showing the bearer’s origin, identity, and nationality if any, which is valid for the entry of the bearer into a foreign country.” An individual’s gender is an integral part of that person’s identity.

d. Sex reassignment surgery is not a prerequisite for passport issuance based on gender change.

e. Medical certification of gender transition from a licensed physician as described in 8 FAM 403.3-2 is the only documentation of gender change required. Other medical records must not be requested.

f. A form DS-11 Application for U.S. Passport must be used the first time an applicant applies for a passport in reassigned gender, as personal appearance for execution is required, even if the applicant has a previous passport. A change in gender is a change in the identity of the applicant, and evidence of identity in the new name (if applicable) and gender must be presented. Subsequent applications in the same gender may be submitted on a form DS-82 if the applicant is eligible (see 8 FAM 702.2 regarding eligibility to apply on a form DS-82 and 8 FAM 403.3-3(D) regarding resumption of the birth gender).

The State Department official on background told us that If CA receives an appropriate certification that transition is complete from a licensed physician, a full-validity passport will be issued.”

The June 27  guidance notes that “A full validity U.S. passport will be issued reflecting a new gender upon presentation of a signed, original certification or statement, on office letterhead, from a licensed physician who has treated the applicant for her/his gender-related care or reviewed and evaluated the gender-related medical history of the applicant.” It does not mention the requirement for full transition. When we seek clarification, the same State Department official on background told us the following:

If an applicant is in the beginning stages of transition, a limited passport will be issued to the individual. This can be replaced within two years from the date of issuance for a full validity passport at no-cost to the applicant once CA receives medical certification of the appropriate clinical treatment for gender transition.

The June 27 guidance also says that “The applicant is not required to obtain an amended birth record, amended Consular Report of Birth (CRBA), or to request that the U.S. Citizenship and Immigration Services (USCIS) issue a replacement Certificate of Naturalization/Citizenship reflecting the change of gender.”   But also that “State law in the United States and the laws of other countries vary on whether an amended birth certificate may be issued reflecting a gender change”.  

Applicants are required to provide primary and secondary IDs in their new gender. Th guidance says “Some form of photographic ID must be presented; You cannot use the doctor’s certification as the only evidence to identify an applicant.”

Medical certifications from persons who are not licensed physicians (e.g. psychologists; physician assistants; nurse practitioners; and others) are not/not acceptable.

8 FAM 403.3-8  has the sample letter for licensed physicians certifying to the applicant’s gender change/transition.

The guidance also includes a section on “conversations with passport applicants seeking to document gender change/transition”, for passport adjudicators:

1) As with all passport applicants, you must be sensitive and respectful at all times;
2) Refer to the applicant by the pronoun appropriate to her/his new gender even if the transition is not complete.
3) Ask only appropriate questions regarding information necessary to determine citizenship and identity of the applicant.

Read more here.

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