Top Diplomatic Security and Consular Affairs Officials to Step Down: Bill Miller, Kurt Rice, David Donahue, John Brennan

Posted: 3:25 am ET
Updated: 2:33 pm PT
Updated: July 25, 3:03 pm PT
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Sources informed us that Acting Assistant Secretary for Diplomatic Security Bill A. Miller announced his intention to step down from his post late last week. A/S Miller will reportedly retire next month.  Until his appointment as Acting A/S for Diplomatic Security in January 20, he was the bureau’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) from April 14, 2014.  Previous to that, he was the Deputy Assistant Secretary of State for High Threat Posts.

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service. His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.

Prior to entering duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer. Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq. In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

To-date, President Trump has not put forward a nominee to succeed Gregory Starr as Assistant Secretary of State for Diplomatic Security.  Mr. Starr retired a week before inauguration day, and Mr. Miller has been in an acting capacity since January 20. Without a newly appointed successor, we were informed that the next senior official, Christian J. Schurman, will be the Acting Assistant Secretary for Diplomatic Security.  Mr. Schurman is currently the Acting Principal Deputy Assistant Secretary for Diplomatic Security/Director of Diplomatic Security Service (DSS) and responsible for the Bureau of Diplomatic Security’s international and domestic operations and training programs. Beyond his name and title, State/DS does not have an extensive biography for Mr. Schurman.  We don’t know yet who among the seven top bureau officials would be acting PDAS during this time.

Kurt R. Rice, the Deputy Assistant Secretary and Assistant Director for Threat Investigations and Analysis (DS/TIA) will not be one of those officials.  Mr. Rice is also retiring.  Mr. Rice who was appointed to his position in May 2016 was in charge of all threat management programs within Diplomatic Security that analyze, assess, investigate, and disseminate information on threats directed against U.S. facilities and personnel overseas and domestically.

He was also responsible for the Overseas Security Advisory Council (OSAC), a public-private partnership that promotes the sharing of security information between the U.S. Department of State and American private sector organizations with operations and personnel abroad. We rely on OSAC for security guidance when there are breaking news overseas.  His office also provides oversight for the Reward for Justice program, the U.S. Government’s premier public anti-terrorism rewards program.

Mr. Rice joined Diplomatic Security in May 1987 and is a career member of the Senior Foreign Service. As DAS/TIA, he was the senior Diplomatic Security Service (DSS) advisor regarding intelligence and counterterrorism matters. He is also the DSS organizational representative to the U.S. Intelligence and Counterterrorism communities. He previously served as Regional Security Officer for the Russian Federation, and Special Agent in Charge (SAC) of all DS activities in the embassy and three subordinate consulates. He is a recipient of several State Department Meritorious and Superior Honor Awards, as well as interagency Intelligence Community awards.

There are five office directors under TIA, so anyone of those directors could potentially be appointed as Acting DAS for Threat Investigations and Analysis (DS/TIA) until a nominee is officially announced. Given that there is no nominee for the assistant secretary position, it is possible that the principal deputy assistant secretary (PDAS) position and deputy assistant secretaries (DASes) could get filled before the top bureau appointment is officially identified, nominated and confirmed by the U.S. Senate.

At the Consular Affairs Bureau, the Acting Assistant Secretary of Consular Affairs David Donahue is also set to step down the end of this week.  We understand that AA/S Donahue’s retirement has been long planned but he will still be missed. The Acting Principal Deputy Assistant Secretary of State for Consular Affairs is Ed Ramotowski, who was previously the DAS for Visa Services. Our assumption is that Mr. Ramotowski will now step up as Acting Assistant Secretary for Consular Affairs pending the confirmation of Mr. Risch to the Consular Bureau. The CA bureau has three four DASes: Overseas Citizens Services DAS Karen L. Christensen, Passport Services DAS Brenda Sprague, Acting DAS for Visa Services Karin King, and DAS for Resources, John Brennan. We understand that the  Deputy Assistant Secretary for Resources (DAS/R) position was created in 2015 to coordinate CA/EX, the Comptroller, the IT systems people, and the 1CA management initiative. Mr. Brennan is also retiring. One of them will most probably step us as PDAS, so one more office in CA will have a new acting name on its door.  So one of the three remaining DASes (Brennan excepted) will probably become the PDAS, and two more offices in CA will have a new acting name on its door. 

We’ve endeavored to look for Mr. Donahue’s official biography but state.gov does not appear to carry any biographies for senior officials for  the Bureau of Consular Affairs. The public facing CA website travel.state.gov also does not include biographies of its senior officials.  We were able to get hold of Mr. Donahue’s official biography since we originally put up this blogpost (thank you J!). 

David T. Donahue has been Acting Assistant Secretary in the Bureau of Consular Affairs since January 2017. He served as Principal Deputy Assistant Secretary from September 2015 after serving as Senior Advisor to the Bureau from April 2014.

Prior to this assignment he was Division Director for the Bureau of Human Resources Office of Career Development and Assignment, Senior Level Division. From 2012 to 2013 he served as Coordinator for Interagency Provincial Affairs (IPA) at the U.S. Embassy in Kabul, Afghanistan with oversight of all U.S. Civilian Provincial Reconstruction Teams throughout Afghanistan.

Mr. Donahue was Deputy Assistant Secretary of State for Visa Services in the Bureau of Consular Affairs from 2008 to 2012, where he managed visa operations for our 225 visa-issuing posts overseas and directed visa policy for the State Department. He has also served as the Director of Policy Coordination and Public Affairs for the Bureau of Consular Affairs, 2007 – 2008, and Minister Counselor for Consular Affairs in Mexico City, Mexico from 2005 – 2007.

Mr. Donahue also served tours in the Philippines, Pakistan, Singapore, and Trinidad and Tobago. Other domestic assignments include serving as Watch Officer in the State Department Operations Center, Bangladesh Desk Officer, and Consular Training instructor at the Foreign Service Institute. Mr. Donahue joined the Foreign Service in 1983 and is the recipient of numerous awards including the Presidential Meritorious Service Award.  While assigned in Islamabad, Mr. Donahue went to Afghanistan in 2001 to secure the release of two Americans held by the Taliban. Read more of that here.

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Diplomatic Security Gets Bill A. Miller as New PDAS and New DSS Director

— Domani Spero

On April 14, 2014, Bill A. Miller was appointed Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service.   In the aftermath of Benghazi, Mr. Miller was appointed DAS for High Threat Posts last year (see State Dept Now Has 27 High-Threat, High-Risk Posts — Are You In One of Them?). Below is a statement from State/DS:

Bill A. Miller Screen Capture via SFRC fotage

Bill A. Miller, Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service
Screen Capture via SFRC video

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service.  Mr. Miller’s previous assignment was Deputy Assistant Secretary of State for High Threat Posts in the Bureau of Diplomatic Security.

His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  For his leadership in guiding the U.S. Government security response to the revolutionary events of the “Arab Spring” in Egypt, Mr. Miller was awarded the Department’s Superior Honor Award.

Mr. Miller served for a year in Baghdad as the Regional Security Coordination Officer for the Coalition Provisional Authority and as the first Regional Security Officer for the newly established U.S. Mission to Iraq.  In addition to assignments in Iraq and Egypt, Mr. Miller has also served tours in Pakistan, Jerusalem, and the Philippines.

Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.  Other domestic assignments have included service as the Regional Director for Contingency Operations, Chief of Counterintelligence Investigations for DSS, the Post Graduate Intelligence program at the Joint Military Intelligence College, almost five years on the Secretary of State’s Protective Detail and, his first assignment, the Washington Field Office.

Prior to entering on duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer.  Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq.  In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

With Mr. Miller moved up, the HTP post went to Doug Allison as new Deputy Assistant Secretary for High-Threat Posts.  The Deputy Assistant Secretary for High-Threat Posts (HTP) is responsible for evaluating, managing, and mitigating the security threats, as well as the direction of resource requirements as high-threat U.S. diplomatic missions. No bio has been posted at this time.

Another new name is Mark Hunter, who succeeded Charlene Lamb as Deputy Assistant Secretary for International Programs.  This is the position responsible for “managing and directing all Bureau of Diplomatic Security programs and policies that protect the Department of State’s international missions and personnel from the threats of terrorism, espionage (human and technical), and crime.” No bio has been posted at this time.

Finally, the position of Director for the Office of Foreign Missions, formerly held by Eric Boswell is no longer vacant. Fredrick J. Ketchem has ben appointed Deputy Assistant Secretary for Diplomatic Security and Deputy Director, Office of Foreign Missions.  This position is responsible for facilitating and regulating the tax, property, motor vehicle, customs, and travel activities of foreign missions in the United States. [see biography]

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PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?

Posted: 4:41 am ET
Updated: 7:52 pm PST (see comments)
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Last week, we blogged about what happened at an Security Overseas Seminar and a couple of online comments at InHerSight.com (see A Joke That Wasn’t, and a State Department Dialogue That Is Long Overdue. Previously, we also posted about a controversial case State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts.

We asked the State Department about specific training for agents and bureau personnel concerning sexual harassment. We were told the following by a State Department official on background on July 29.  We held off posting it for a follow-up post. We are posting it here now since it was cited by a DSS internal message last Friday.

The Department has a zero tolerance policy for any behavior that diminishes inclusiveness in the workplace. Working to ensure the safety and security of our personnel overseas, including from sexual assault, is one of the Department’s top priorities. 

Sexual assault and sexual harassment are serious issues that affect both men and women in the U.S. and abroad. Diplomatic Security is committed to preventing sexual harassment and sexual assault, and condemns any comment that trivializes these activities or their impact on victims.

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the State Department. Agents receive recurring training on equal opportunity, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career.

During both the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO In-Service courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

On August 18, we posted an unsolicited item from our mailbox: Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide.

Last Friday, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.   The message reproduced below in its entirety was disseminated internally to DS personnel late Friday afternoon:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees. 

As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

Every organization can do better, and we will continue our efforts to make sure sexual harassment is addressed in any and all forms. 

DS personnel need to rely on each other, and have trust in each other, to succeed in our mission.

We are pleased to see PDAS Miller’s message to the troops.  In a good number of cases, bureaus do not even bother to respond.  That said,  there’s one thing missing here that we have to point out.  The internal message says that “Diplomatic Security takes sexual harassment extremely seriously” and that PDAS Miller is “disappointed and disturbed”  that anyone in the organization “would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.”  And that “It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.”  Butthat extreme seriousness is negated by the absence of solid actions that could help abate the stigma of reporting such conducts or help mitigate adverse career consequences.

If female agents/employees are not reporting harassment because they’re afraid that doing so would be career suicide, what should be done about it? Telling folks that “it is unacceptable” is not the answer.

Every organization can do better. We agree. We’d like to hear how before this becomes Palmerized.

 

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$6 Billion Later, Afghan Cops Aren’t Ready to Serve

by T. Christian Miller, ProPublica, Mark Hosenball and Ron Moreau, Newsweek – March 20, 2010 6:00 am EDT | This story was co-published [1] with Newsweek. Reprinted under Creative Commons

Mohammad Moqim watches in despair as his men struggle with their AK-47 automatic rifles, doing their best to hit man-size targets 50 meters away. A few of the police trainees lying prone in the mud are decent shots, but the rest shoot clumsily, and fumble as they try to reload their weapons. The Afghan National Police (ANP) captain sighs as he dismisses one group of trainees and orders 25 more to take their places on the firing line. “We are still at zero,” says Captain Moqim, 35, an eight-year veteran of the force. “They don’t listen, are undisciplined, and will never be real policemen.”

Afghan National Police (ANP) trainees prepare
for a riot control exercise at the Central Training Center.
(U.S. Air Force photo by Staff Sgt. Sarah Brown/RELEASED)

Poor marksmanship is the least of it. Worse, crooked Afghan cops supply much of the ammunition used by the Taliban, according to Saleh Mohammed, an insurgent commander in Helmand province. The bullets and rocket-propelled grenades sold by the cops are cheaper and of better quality than the ammo at local markets, he says. It’s easy for local cops to concoct credible excuses for using so much ammunition, especially because their supervisors try to avoid areas where the Taliban are active. Mohammed says local police sometimes even stage fake firefights so that if higher-ups question their outsize orders for ammo, villagers will say they’ve heard fighting.

America has spent more than $6 billion since 2002 in an effort to create an effective Afghan police force, buying weapons, building police academies, and hiring defense contractors to train the recruits—but the program has been a disaster. More than $322 million worth of invoices for police training were approved even though the funds were poorly accounted for, according to a government audit, and fewer than 12 percent of the country’s police units are capable of operating on their own. Ambassador Richard Holbrooke, the State Department’s top representative in the region, has publicly called the Afghan police “an inadequate organization, riddled with corruption.” During the Obama administration’s review of Afghanistan policy last year, “this issue received more attention than any other except for the question of U.S. troop levels,” Holbrooke later told NEWSWEEK. “We drilled down deep into this.”

The worst of it is that the police are central to Washington’s plans for getting out of Afghanistan. The U.S.-backed government in Kabul will never have popular support if it can’t keep people safe in their own homes and streets. Yet in a United Nations poll last fall, more than half the Afghan respondents said the police are corrupt. Police commanders have been implicated in drug trafficking, and when U.S. Marines moved into the town of Aynak last summer, villagers accused the local police force of extortion, assault, and rape.

The public’s distrust of the cops is palpable in the former insurgent stronghold of Marja. Village elders welcomed the U.S. Marines who recently drove out the Taliban, but told the Americans flatly they don’t want the ANP to return. “The people of Marja will tell you that one of their greatest fears was the police coming back,” says Lt. Gen. William Caldwell, who took over in November as chief of the U.S. program to expand and improve Afghanistan’s security forces. “You constantly hear these stories about who was worse: the Afghan police that were there or the Taliban.” The success of America’s counterinsurgency strategy depends on the cops, who have greater contact with local communities than the Army does. “This is not about seizing land or holding terrain; it’s about the people,” says Caldwell. “You have to have a police force that the people accept, believe in, and trust.”

More than a year after Barack Obama took office, the president is still discovering how bad things are. At a March 12 briefing on Afghanistan with his senior advisers, he asked whether the police will be ready when America’s scheduled drawdown begins in July 2011, according to a senior official who was in the room. “It’s inconceivable, but in fact for eight years we weren’t training the police,” replied Caldwell, taking part in the meeting via video link from Afghanistan. “We just never trained them before. All we did was give them a uniform.” The president looked stunned. “Eight years,” he said. “And we didn’t train police? It’s mind-boggling.” The room was silent.

Efforts to build a post-Taliban police force have been plagued from the start by unrealistic goals, poor oversight, and slapdash hiring. Patrolmen were recruited locally, issued weapons, and placed on the beat with little or no formal training. Most of their techniques have been picked up on the job—including plenty of ugly habits. Even now, Caldwell says, barely a quarter of the 98,000-member force has received any formal instruction. The people who oversaw much of the training that did take place were contractors—many of them former American cops or sheriffs. They themselves had little proper direction, and the government officials overseeing their activities did not bother to examine most expenses under $3,000, leaving room for abuse. Amazingly, no single agency or individual ever had control of the training program for long, so lines of accountability were blurred.

Coalition efforts to build an Afghan police force were painfully slow at first. By 2003 the U.S. State Department decided to speed things up by deploying the Virginia-based defense contractor DynCorp International, which had held previous contracts to train police officers in Kosovo and Haiti. The company began setting up a string of training centers across the country. After the Defense Department took a role in overseeing that work in 2005, it squabbled constantly with State over whether the training should emphasize police work or counterinsurgency.

Neither the State Department nor DynCorp was prepared for the job they faced. Most of the recruits are rural villagers who have never been inside a classroom. Roughly 15 percent test positive for drugs, primarily hashish. Few know how to use a toothbrush or drive, and nearly 90 percent are illiterate. In 2005 DynCorp opened a new police academy on the outskirts of Jalalabad, and within a few months the academy’s drains backed up. Maintenance workers discovered that the septic tanks were full of smooth stones—a toilet-paper substitute used by many rural Afghans. DynCorp had to bring in backhoes to repair the problem, and the company had to add two days of classes in basic hygiene.

The ANP still takes just about anyone who applies. “Our recruits are unemployed youth with no education and no prospects,” says Police Col. Mohammad Hashim Babakarkhil, deputy commander of Kabul’s central police-training center. Since January 2007, upwards of 2,000 police have been killed in action—more than twice the figure for Afghan Army soldiers. U.S. officers say as many as half the police casualties were a result of firearms accidents and traffic collisions.

It’s practically impossible to produce competent police officers in a program of only eight weeks, says a former senior DynCorp executive, requesting anonymity because he continues to work in the industry. But that was the time frame State and Defense set for the course. “They were not going to be trained police officers. We knew that. They knew that,” the former executive says. “It was a numbers game.” In fact, the course has now been cut from eight weeks to six in order to squeeze in more trainees. (“We believe the training is appropriate under the circumstances,” says Assistant Secretary of State David Johnson. DynCorp spokesman Douglas Ebner says the basic-training course is part of a more extensive 40-week program, and is supported by further “field monitoring, mentoring, and advising.” Training hours have been extended to make up for the lost weeks, he says. DynCorp does “not make the policies, recruit the police candidates, or design the program,” he adds, saying the company has “fully met” its objective of providing highly qualified police trainers.)

Whether or not recruits have mastered their subjects, almost everyone graduates. Even if they fail the firearms test, they’re issued a weapon and put on the street. Only the Interior Ministry can flunk a candidate, and that rarely happens. “There were a lot of Afghans who seemed to have some patriotism and wanted to make their country better,” recalls Tracy Jeansonne, a former deputy sheriff from Louisiana who worked for DynCorp from May 2006 to June 2008. “But a lot of the police officers wanted to be able to extort money from locals. If we caught them, we’d suggest they be removed. But we couldn’t fire anybody. We could only make suggestions.”

A former midlevel DynCorp official calls the program “dysfunctional.” Requesting anonymity because he doesn’t want problems with his former employer, he displays dozens of weekly reports sent to State and military officials; almost all include some mention of an Afghan police officer or commander as “corrupt.” Yet of the 170,000 or so Afghans trained under the program since its inception, only about 30,000 remain on the force, according to State and Defense officials. “In terms of retention and attrition, we can say there’s a problem,” says Steve Kraft, who oversees the program for the State Department. The cops’ base salary and hazardous-duty pay were recently raised to match Afghan Army levels, but no one knows if those changes are really helping. “Once they leave the training center, we currently don’t know whether they stay with the force or quit,” Kraft says. “The bottom line is, we just don’t know.”

And what has become of all the billions of dollars this program has cost America? Government investigators aren’t entirely sure. Fundamental questions are raised in an audit of the Afghan police-training program released in February by the State and Defense departments’ inspectors general. When State finally sent an “invoice-reconciliation team” to review expense receipts submitted under one particular contract, it discovered that $322 million in invoices had been “approved even though they were not allowable, allocable, or reasonable.” What’s more, the auditors said, half those invoices included errors.

The lapses don’t stop there. The audit says State Department officials “did not conduct adequate surveillance for two task orders in excess of $1 billion.” According to the auditors, State’s contract supervisors didn’t adequately oversee the use of government-owned property, failed to maintain contract files properly, and sometimes neglected to “match goods to receiving reports”—meaning, evidently, that they didn’t verify that the U.S. government had actually received the goods it had paid for. (DynCorp’s Ebner responds: “We are fully engaged with the Department of State to ensure complete and thorough reconciliation of all invoices, and recognize and welcome the emphasis on sufficient oversight personnel to complete this process.”)

Those failures should have been no surprise. The audit also found that State routinely short-staffed its contract-monitoring office in Afghanistan. At one point, only three contract officers were on the ground overseeing DynCorp’s $1.7 billion training contract. A former DynCorp official who worked in Afghanistan, asking not to be named because he remains in the government contracting business, says he asked the State Department repeatedly for concrete goals for the police contract but never got firm answers. “I’d ask them: ‘Please explain to me what a successful training program was. What are the standards you want us to apply?’ There was no vision for the future.” (Assistant Secretary Johnson says, “From the start, our training program was based on a clear, professionally developed curriculum … A simple head count of the number of individuals on the ground ignores the substantial back-office support our contract oversight personnel had from Washington.”)

A new set of difficulties arose last summer. Caldwell’s predecessor, Gen. Richard Formica, decided that Defense should take direct control of the training contract. To avoid a lengthy bidding competition, he suggested folding the police-training mission into an existing anti-drug and counterterrorism program overseen by the U.S. Army’s Space and Missile Defense Command. Bids were limited to companies already under contract to the missile command, effectively shutting out DynCorp. In the end, only two firms wound up bidding: Northrop Grumman and Xe Services, formerly known as Blackwater.

DynCorp fought back. In December the company filed a formal protest to block the Defense Department from seizing control of the contract. Last week the Government Accountability Office upheld DynCorp’s complaint and suggested that the competition be open to all comers, including DynCorp as well as Xe and Northrop. DynCorp’s CEO, William Ballhaus, recently told investors that the company’s contract had been extended until July in any case; now it seems the new bidding process will take much longer.

At Kabul’s police training center, a team of 35 Italian carabinieri recently arrived to supplement DynCorp’s efforts. Before the Italians showed up at the end of January for a one-year tour, the recruits were posting miserable scores on the firing range. But the Italians soon discovered that poor marksmanship wasn’t the only reason: the sights of the AK-47 and M-16 rifles the recruits were using were badly out of line. “We zeroed all their weapons,” says Lt. Rolando Tommasini. “It’s a very important thing, but no one had done this in the past. I don’t know why.”

The Italians also had a different way of teaching the recruits to shoot. DynCorp’s instructors started their firearms training with 20-round clips at 50 meters; the recruits couldn’t be sure at first if they were even hitting the target. Instead the carabinieri started them off with just three bullets each and a target only seven meters away. The recruits would shoot, check the target, and be issued three more rounds. When they began gaining confidence, the distance was gradually increased to 15, then 30, and then 50 meters. On a recent day on the firing range only one of 73 recruits failed the shooting test. The Italians say that’s a huge improvement. (DynCorp says its civilian police advisers are “highly qualified”; the average trainer has more than a decade of law-enforcement experience.)

Caldwell also says it’s just easier to work with paramilitary police units, such as the Italians and the French gendarmerie, than with contractors. Active-duty police units have a coherent and disciplined chain of command, Caldwell says. “When I bring in a contractor unit I’m getting a different group of folks,” he says. “It may be someone who was a state patrolman, a local sheriff, or a policeman from New York City, each operating under different standards and with different backgrounds.” Everything has to be negotiated. “If I say to my contractor that I want to make a change, he may say, ‘Well, I’m not sure if that’s really the best way,’ ” says Caldwell. “But if I can bring in a gendarmerie force, they’re ready to go … and take instructions well.”

By the end of October, Caldwell hopes to build the force to 109,000 members, including an “elite unit” that so far has roughly 4,900 members. That outfit is called the Afghan National Civil Order Police (ANCOP). It’ll be used for particularly sensitive assignments like Marja. ANCOP members get 16 weeks of training, and they’re required to have at least a third-grade proficiency in reading and writing. So far, reviews from Marja are mixed. “The new police are more organized, committed, responsible, and helpful than the previous police, who were more like a criminal gang,” Assadullah, a school principal, tells newsweek. (Like many Afghans, he uses only one name.) Local shopkeeper Hajji Noruddin Khan disagrees. “We are as disappointed with the new police as we were with the old police,” he complains.

Quality matters. “In the rush to increase the number of trained police officers, we must remember that the end goal is a civilian police force capable of promoting good government, not a paramilitary adjunct for the counterinsurgency fight,” warns Sen. John Kerry, chairman of the Senate Foreign Relations Committee. Brig. Gen. Larry Nicholson, the top U.S. Marine commander in southern Afghanistan, puts it more succinctly: “I’d rather have one well-trained cop than 10 untrained.” Besides, the fact is that no one is quite sure how many Afghan police there really are. The Americans are only now in the process of trying to create a database that will positively identify and track recruits. Without such data, it’s more than difficult to catch “ghost” troops who exist only as names on the payroll, not to mention possible Taliban infiltrators.

But the buildup continues, and so does the training. On the firing range just outside Kabul, one of the few decent marksmen is Khair Mohammad, an illiterate 24-year-old from northern Afghanistan. “I’ve already had a lot of practice shooting at the Taliban,” he says. He’s been a cop for two years, serving one year in Kandahar and another on checkpoints just outside Marja. “I lost a lot of friends in the fighting,” he says. Now he’s getting his first taste of formal training, and hoping to join ANCOP. He figures he’d earn about double the $180 a month (including combat pay) he’s been getting. His trainers are doing their best to make him worth the extra salary. “One thing the police don’t know is good relations with the people,” says Carabinieri Lt. Col. Massimo Deiana. “We’re trying to train them to respect and relate to people.” If such a skill is teachable at all, it could be far more important in the long run than knowing how to shoot straight.

With Sami Yousafzai in Kabul 

Former Condi Rice Protector Michael T. Evanoff to be Assistant Secretary for Diplomatic Security

Posted: 12:18 am  ET
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On August 25, President Trump announced his intent to nominate former DSS agent Michael T. Evanoff to be the Assistant Secretary of State for the Bureau of Diplomatic Security. The WH released the following brief bio:

Michael T. Evanoff of Arkansas to be an Assistant Secretary of State, Diplomatic Security.  Mr. Evanoff is the Vice President for Asset Protection & Security at International Wal-Mart Stores, Inc. in Arkansas, a position he has held since 2014.  Previously he served as Chief Security Officer at Coca-Cola in Zug, Switzerland and Athens, Greece and as Global Director of Security at Och-Ziff Capital Management Group in New York.  He served as a special agent in the Department of State Bureau of Diplomatic Security from 1985 to 2011, holding senior posts with Overseas Security Advisory Council, NATO Office of Security, Secretary of State Protection Detail, and eight U.S. Missions overseas.  He was also diplomatic security liaison officer to the U.S. European Command in Stuttgart, Germany.  Mr. Evanoff earned a B.S. at Eastern Kentucky University.  He and his wife, Kate Milner Evanoff, have a two-year old son, Luke.

If confirmed, Mr. Evanoff would succeed Greg Starr who retired a week before inauguration (see Patrick Kennedy, Other Officials Step Down – Yo! That’s Not the “Entire” Senior Management, also see Top Diplomatic Security and Consular Affairs Officials to Step Down: Bill Miller, Kurt Rice, David Donahue, John Brennan).

WaPo profiled Mr. Evanoff in 2007 (see Rice’s Protector Plans a Move to NATO).   Below from his official NATO bio prior to his move to Walmart:

Prior to serving on NATO’s senior staff, Mr. Evanoff was the principal security advisor and Special Agent-in-Charge for the 100 plus protection team for the US Secretary of State, Condoleezza Rice.

Results driven senior executive with more than 24 years with the United States Department of State, Mr. Evanoff has served in a variety of overseas and domestic assignments that have focused on worldwide major events, overseas security program management, international and US military liaisons, criminal and counter-intelligence investigations, and dignitary protection. His overseas assignments include Islamabad, Pakistan(2001-2003), where he served as Counselor for Regional Security, including responsibility for U.S.interests in Afghanistan.

Mr. Evanoff was the Executive Director of the State Department’s Overseas Security Advisory Council (OSAC), a public-private partnership created to foster cooperation and promote the exchange of vital overseas security information between the U.S. Government and the U.S.private sector. As Executive Director, Mr. Evanoff more than doubled the number of OSAC Country Councils from 49 to 103 councils worldwide.

Mr. Evanoff was the first Diplomatic Security Service officer to establish a permanent liaison office with the U.S. European Command (EUCOM/NATO) in Stuttgart, Germany(1999-2001). Prior to that, he was the Senior Regional Security Officer in Rabat, Morocco, and the Regional Security Officer at the U.S. Embassy in Copenhagen, Denmark/Reykjavik, Iceland. He also opened the new Regional Security Office at the U.S. Embassy in Zagreb, Croatia, and the new U.S. Embassy in Sarajevo, Bosnia-Herzegovina, where he worked with NATO and UN forces during the Bosnian conflict. Mr. Evanoff began his overseas career in 1990 as an Assistant Regional Security Officer at the U.S. Embassy in the Philippines.

Mr. Evanoff’s domestic assignments include Deputy Chief of the Protective Liaison Division, and Agent-in-Charge with the Office of Dignitary Protection. Mr. Evanoff also served as an instructor and team leader to DS’ Mobile Counter-Terrorism training unit. Mr. Evanoff’s first assignment was as an investigator in the Washington Field Office.

Mr. Evanoff was named the 2003 Diplomatic Security Employee of the Year for his exceptional work in Pakistanand Afghanistan. He is also the recipient of numerous Department of State awards, including four Senior Foreign Service Performance awards and three Superior Honor Awards. He was promoted into the Senior Foreign Service in 2003 and a graduate of the United States’ Senior Foreign Service Leadership Training School.

Mr. Evanoff received a Bachelor’s degree in Police Science from Eastern Kentucky University with a minor in Corporate Security. He was the recipient of an athletic scholarship and an active member of the school’s NCAA Division 1AA National Champion football team. Mr. Evanoff is a member of the International Organization of Chiefs of Police and the Federal Law Enforcement Officers Association. He is an honorary member of the International Security Management Association.

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Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!

Posted: 2:21 pm PT
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In August 2016, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.  We published the entire message here, Below is an excerpt of that 2016 statement:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees.
[…]
As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

This week, we received an email from a new Diplomatic Security Service (DSS) agent detailing sexual language that female student-agents had to endure during Diplomatic Security’s Basic Special Agent Course (BSAC) training. The writer expressed concern over the “worrisome behavior by senior agents conducting the training” and the apparent tolerance by others witnessing such behavior.  The writer also wrote: “One senior female agent advised me that upon receipt of this complaint, DSS Management’s first response will likely be to try to figure out who the “complainer” is . . rather than dealing with the senior agents responsible for damaging the department’s reputation.”  Our corespondent suggests that if investigators outside of Diplomatic Security want to look into this, all they need to do is talk to the female agents in BSAC’s 137, 136, and 135.

The report below is what we can share publicly.  This writer like our other correspondents in the past, is also wary of retaliation.  We’ve referred to Special Agent #1 as SA#1 although we can certainly imagine a more colorful name. Special Agent #2 is also referred below as SA#2.

ALERT! ALERT! ALEEEEERT!

Received via email from a DSS Special Agent

-START-

Here is what I witnessed:

1) During protective training, I was assigned to a follow car that was “coached” by [Special Agent #1]. During our time with [SA#1], myself and the other females in the group had to listen to [SA#1] describe in detail how during his time in Baghdad he shaved his “balls” and had problems with them “sticking.” [SA#1] then felt it appropriate to detail a trip to his doctor where he had a consultation about erectile medication. [SA#1] also made repeated derogatory comments about his wife. My memory is a little fuzzy on those comments, but they were along the line of, “the old ball and chain, etc.”

I should mention that one of the female agents present is only 22 years old. So this young agent, in her first real job out of college had to sit (literally right next to [SA#1] in the back seat / physically touching him) and listen to [SA#1] , her supervisor, go on and on about his sticky balls in Baghdad and his erectile disfunction . . .i.e. he was discussing his penis.

2) The protection portion of the training was run by unit chief [Special Agent #2]. I personally was “creeped” out by [SA#2] during the entire training as he would try to flirt with the female students in a very unprofessional manner. [SA#2] really crossed the line, however, when for some reason he decided to ask one of the female students (now an agent) for their phone and proceeded to look through it. [SA#2] found the phone number or a text message in the female student-agent’s phone for one of the male contractors working on our final exercise, and texted “I miss you” to the contractor (from the female student/agent’s phone). The female student/agent was of course mortified as it appeared she was texting “I miss you” to the contractor. Is this appropriate behavior from a Unit Supervisor in the training division?!

[SA#2’s] inappropriate behavior continued when, during a re-test he decided to switch out a male student-agent from the position sitting next to him in the exercise to the above mentioned female student-agent. [SA#2] advised the entire BSAC that he was making the switch so he could have someone to “talk to.” He was supposed to be grading the re-test, but instead decided to use the time to creepily attempt to flirt with the female student-agent.

I am sure the above behavior by [SAs #1 and #2] has been repeated in multiple BSAC’s and I hope the department conducts a thorough investigation. Honestly, however, I am not so optimistic that things will change. I know Diplopundit has documented several such sexual harassment claims in the not so distant past, and yet, the above Supervisory SAs seemed to have no compunction in openly behaving this way in front of the 20 plus student-agents!

Where are the Director and the other senior members of DSS management?!! If they cannot protect/prevent a 21 year female agent from having to listen to Supervisory SAs like [SA#1 and SA#2] while she sits in training, how can DSS Senior Management be trusted to protect that same agent from harassment while she is serving in a high threat post in a 98% male RSO shop?!

The Director came to speak to our BSAC, and within 3 minutes of our “pep” talk he told us that if we had joined DSS to use it as a stepping stone we should “get the hell out.” That is a direct quote. One day on the job, and the Director comes in and says “get the hell out” in a pep talk. I would like to turn that around on the Director. If the senior leadership in DSS cannot prevent Supervisory Agents from “creeping out” all females in a BSAC class. Or prevent female student-agents from having to listen to Supervisory SA’s conducting BSAC training discuss their “shaved balls,” maybe it is time for the Director and others to “get the hell out” and leave the bureau in more capable hands?

-END-

The Eleventh Circuit’s decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982) notes the following:

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets.

Female agents should not have to bear and tolerate this kind of language and offensive behavior for the privilege of being allowed to work at Diplomatic Security.

Why would anyone think this is appropriate, acceptable behavior?

And when this is done by individuals in supervisory ranks during training, how do you expect new employees to step up and report this to these same supervisors? The same supervisors, by the way, who can pass/fail employees during basic training. The same supervisors, by the way, who ought to be modeling the highest standards of ethical and professional conduct for agents-in-training.

While the EEOC policy guidance on sexual harassment notes that “sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment,” it also talks about the pervasiveness and pattern of behavior.

Putting aside our previous reports on harassment at Diplomatic Security for a moment — if we’re talking about three classes to start with here, what is that if not a pattern? And if this behavior was witnessed and tolerated by people and contractors who should know better, then Diplomatic Security has a systemic problem that no broadcast message from bureau officials can fix.

The Supreme Court said in Vinson that for sexual harassment to violate Title VII, it must be “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.'” 106 S. Ct. at 2406 (quoting Henson v. City of Dundee, 682 F.2d at 904. Since “hostile environment’ harassment takes a variety of forms, many factors may affect this determination, including: (1) whether the conduct was verbal or physical, or both; (2) how frequently it was repeated; (3) whether the conduct was hostile and patently offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5) whether the others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual.

In determining whether unwelcome sexual conduct rises to the level of a “hostile environment” in violation of Title VII, the central inquiry is whether the conduct “unreasonably interfer[es] with an individual’s work performance” or creates “an intimidating, hostile, or offensive working environment.” 29 C.F.R. § 1604.11(a)(3). Thus, sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment.

Preventive actions per EEOC‘S Guidelines encourage employers to: “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.”

Also 29 C.F.R. § 1604.11(f): An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non- supervisory employees, express strong disapproval, and explain the sanctions for harassment. The employer should also have a procedure for resolving sexual harassment complaints. The procedure should be designed to “encourage victims of harassment to come forward” and should not require a victim to complain first to the offending supervisor. See Vinson, 106 S. Ct. at 2408. It should ensure confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation.

All well and good, but in the real world we have these: Chien v. Kerry: DS Agent Files Suit For Race/Sex Discrimination, Hostile Work Environment, and RetaliationInbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career SuicideAnother Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment.

The State Department’s sexual harassment policy is memorialized here.

Related posts:

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Diplomatic Security Highlights History, and More in 100th Anniversary Video

Posted: 12:22 am ET
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We’ve previously blogged about diversity and harassment issues at the Bureau of Diplomatic Security (See Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad BobPDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?).

DS recently released a video celebrating the 100th anniversary of the Diplomatic Security Service.  The original investigative office was called the Bureau of Secret Intelligence. Later, the organization evolved into the Office of the Chief Special Agent, then the Office of Security (SY), then became the Diplomatic Security Service. Click here to view the newly released “DSS Then & Now – The First Century of the Diplomatic Security Service” photo history book (PDF).

The video below includes the Principal Deputy Assistant Secretary and  Director of the Diplomatic Security Service Bill MillerVictor Dikeos, former Director of Security (1974-1978), and the following DS employees in order of their appearance: Wendy Bashnan, Special Agent in Charge; Steven Antoine, Asst Special Agent in Charge; Mark Baker, Special Agent; Shane Morris, Diplomatic Courier; Kendall Beels, Special Agent; and Luis Matus, Deputy Regional Director, High Threat Program.

The DS video featured nine former and current employees including two female DS agents and one female DS courier.  DS has previously used Agent Bashnan in another PR brochure, A Global Force: Agent Profile.  Shane Morris was the Diplomatic Courier of the Year for 2011. Kendall Beels was one of the two DS agents who shut down a massive U.S. visa fraud ring operating in the tri-state area of New York City and was awarded the Federal Law Enforcement Foundation (FLEF) Investigators of the Year Award in 2006.

1916 – 2016

By the way, A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

Folks who want to rate this in Pinocchios are welcome to do so in the comment space.

 

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Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?

Posted: 1:25 pm ET
Note: In an ideal, healthy organization, this letter would be signed by the author and you’d be reading this and discussing creative solutions on the Secretary’s Sounding Board.  What is clear to us is that the fears of reprisal/retaliation are real. This anonymous letter is one more proof of that.  Except for the four active hyperlinks we’ve added to help readers, the text and photo below are published below as received — [twitter-follow screen_name=’Diplopundit’ ]

 

From an anonymous DS Employee: Is This Diversity?

A poignant piece in the President’s Memorandum on Promoting Diversity and Inclusion in the National Security Workforce was the conclusion that “In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.”  Unfortunately, when it comes to the highest levels of the Bureau of Diplomatic Security (DS) diversity is not only less than the average – – it is nonexistent!

ds-top-ranks

A review of the facts.

DS senior leadership is composed of an Assistant Secretary, a Principal Deputy Assistant Secretary, seven Deputy Assistant Secretaries, an Executive Director, and a Coordinator for Security Infrastructure.  Four years ago all of these positions with the exception of the AS were held by active Senior Foreign Service and Senior Executive Service officers.  Two positions were held by female officers and one by a African-American officer.  In the past three years, all three minority members either retired or moved into other positions outside of DS.  Eight of the ten senior leadership positions have become vacant during that time, some more than once, and the current PDAS – Bill Miller, who became subject to Time-in-Class (TIC) restrictions and left active service – was appointed into the PDAS role.

Of the ten opportunities that DS has had to select officers to fill vacancies at the Bureau’s senior-most positions it has consistently selected Caucasian male officers. DS went from a Bureau that from a diversity standpoint was about where the rest of the government is now – less diverse than the average – to one that is now all white, all male, all the time.

We have witnessed the cleansing of DS over the past three years.  It is troubling, and, it should be raising alarm bells throughout the Department.

But is it not.

Instead, the Department is preparing to reward DSS Director Miller with a third appointment year as PDAS of DS.  Furthermore, DS is now expanding the practice of appointing officers subject to TIC up or out restrictions into positions formerly held exclusively by active SFS officers with the appointment of the outgoing Overseas Security Advisory Council Office Director into his own position, as an appointee. This was accomplished quietly, with the Department’s concurrence, devoid of any semblance of transparency.

The lack diversity is not limited to the FE-MC/OC and SES level officers who make up DS’s Senior Leadership.  It also extends to the subordinate staffs.  Unlike the Assistant Secretary’s DS Front Office, which to Gregory Starr’s credit has consistent been composed of a highly qualified and richly diverse staff, the PDAS’ DSS FO has been anything but.  To this day, the DSS FO staff with the exception of the Office Manager consists of…all white males.  One DS Senior sets a model for the Bureau to emulate, the other projects a do as I say not as I do standard.

In May, PDAS Miller brought most of the DS leadership from around the globe to the Department for a two-day leadership forum.  On day two he showcased his all-white, all-male team of seniors on the dais for a full day of Q&As. The one area the PDAS and the rest in the dais were unprepared to discuss were the stream of questions on the topic of diversity that were raised throughout the day and which went largely unaddressed.

It is difficult to reconcile Director General Arnold Chacon’s statements about Department values and principles, and ensuring that the Department’s workforce reflect the nation’s richness and diversity, when matched against the reality of the past three years within DS.  Even more difficult considering that all senior-most assignments in DS require the approval of Department Seniors.

In response, the Department should:

  • first and foremost, acknowledge that there is an appalling lack of diversity in the senior-most ranks of DS that should jar the Department’s Leadership into action to identity immediate steps to rectify the issue;
  • either instill a sense of urgency in current DS Leadership on the topic or allow the next set of leaders to rise to the top positions, with a renewed sense of purpose and focus that truly embraces the ideals that the Department publishes;
  • if the current PDAS is to remain in place for another year, an officer from the Office of Civil Rights should be permanently assigned to his Front Office to help guide him on matters of inclusivity and diversity;
  • mandate that DS develop and publicly publish a comprehensive diversity strategy;
  • understand that it shares in the responsibility for the current state within DS;
  • also, understand the likelihood that this letter will evoke a backlash from those who have been criticized and take steps to guard against the potential for retribution.
A series of conscious decisions led to the current state of DS. This is written in part as a call for accountability. It is also written in the hope that it will trigger action and a sense among the increasingly disenfranchised segment of DS that it is ok to voice concern even when aimed at our most senior leadership.
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Is Diplomatic Security, the State Department’s Law Enforcement Arm Trying to Break the Law?

Posted: 4:21 am ET
Updated: 10:37 am PST
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On October 4, we wrote about DS agents fleeing Diplomatic Security in droves for the U.S. Marshals Service.  We can now report that approximately 70 agents applied to move from Diplomatic Security to the U.S. Marshals Service and some 30 agents have received conditional offers. A State Department official on background shared with us a short-list of DS agents leaving the bureau for the U.S. Marshals Service. The list was reportedly compiled sometime this summer at the direction of the Diplomatic Security Front Office.  There is now an allegation that Diplomatic Security had asked the U.S. Marshals Service to stop accepting DS agents transfers.  Anecdotal evidence appears to indicate that the list is also being used by DS/IP in pre-assignment deliberations.  This comes amidst reports from sources that DSS Director Bill Miller addressed over 100 DSS agents during a brief in preparation for the UN General Assembly (UNGA), and allegedly stated that any DS agent who leaves for the U.S. Marshals would not be allowed back into the agency.

 

DS to Departing Agents: Bye, You Can’t Come Back! Seriously?

On the warning delivered at the UNGA brief, a State Department official who talked to us on background said: “I’m not sure how many people in that audience realized that just uttering those words is a prohibited personnel practice under 5 USC § 2302(b).”   

So we went and look up the actual statute: 5 U.S. Code § 2302 – Prohibited personnel practices

(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—

(4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment;

(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;

(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;

Could the warning  — that any DSS agent who leaves for the U.S. Marshals would not be allowed back into the agency — influence an applicant for the USMS job to withdraw from competition for fear of retaliation?

If an agent in good standing departs the bureau for another federal job, and decides to come back later, can DS legally discriminate against that agent on the fact that he/she previously left the bureau for another agency?

Isn’t asking the U.S. Marshals Service to stop accepting DS agents transfers considered an obstruction to these agents’ right to compete for employment?

It looks like 5 U.S. Code § 2302 is quite clear about this. Interference with the hiring process of a federal employee is not permissible. Unless, Diplomatic Security is treating 5 U.S. Code § 2302 as a suggestion, and compliance as optional.

We understand that it has been a standard practice at Diplomatic Security that any agent who leaves in good standing is often welcomed back if they wished to return, with minor stipulations for reinstatement. We’re told that typically they would have three years to apply for reinstatement, subject to available vacancies, training requirements, and they may be required to take a hardship tour on the first new assignment upon reinstatement. We should note that 3 FAM 2130 actually says “Because recent familiarity with the Foreign Service is a valuable asset that distinguishes former members from new hires, candidates for reappointment may be considered if they have left the Service not longer than 5 years prior to the date on their reappointment request.”

If it is true — that the top law enforcement official at Diplomatic Security delivered a message not only contrary to practice but also against the law — wouldn’t this generate great concern and trepidation among the troops? Shouldn’t this alarm the top leadership at the State Department and in the Congress?

The State Department official on background told us that every year DS has some attrition to FBI, ATF, OIGs, etc.  but the fact that this lateral USMS announcement came out with the intent to hire experienced agents, at grade, and in significant numbers was “the perfect storm for the poor morale and lack of career control that plagues our mid-level agents.”  The conditional offers to the DS agents reportedly compose nearly one quarter of all offers sent out by the USMS.  We were told that no single agency is as widely represented in that offer pool as Diplomatic Security.

Which is probably embarrassing and all, as folks might start asking uncomfortable questions such as —what the heck is going on at Diplomatic Security these days?

Another source told us  this could have been a lot worse had the vacancy announcement lasted longer than 24 hours. The U.S. Marshals vacancy announcement actually opened on June 8, 2016 and closed on June 8, 2016.

So — we asked the Bureau about this reported bar the agents talk with a Q: PDAS reportedly told folks at UNGA that the departing agents would not be allowed to come back to DS. This sounds a lot like a retaliatory threat and would be a prohibited personnel practice under 5 USC § 2302(b).  After multiple emails and days of waiting, we finally got a non-response on October 12 from Diplomatic Security:

“Thank you for your query. We will have no additional comments on this.” 

Note that we have not received previous comments to these questions although we have sent multiple queries. Heaven knows we don’t expect perfection from our State Department but we do, however, expect it to be responsive and accountable for the reported actions of its top officials.

Look, the Bureau of Diplomatic Security (DS) is the security and law enforcement arm of the U.S. Department of State. Which means that an allegation that it is not following the law even in one area cannot stand with just “no comment.” It also cannot just be ignored. We got no clarification, no explanation, no denial.  Maybe State or DS will have comments for the Congressional Oversight folks?

The bureau has several responses we can think of:

#1.  Deny, deny, deny: hey, hey, this is a nothing-burger, go away.

FSprob_nothingtosee

 

#2. Admit in part/deny in part: there was an official brief, but this warning never happened; you’re barking up the wrong tree.

wrongtree

via giphy.com

#3. Aggrieved defense: We are a law enforcement agency, of course we follow the law; are you nuts?

areyounuts

via giphy.com

#4. Pride defense: We are the Diplomatic Security Service, we don’t make a habit of threatening anyone just because he/she wants to be like U.S. Marshal Sam Gerard!

#5. Ideal response not coming: We have no greater resource than our people. We have not, and we will not interfere with our employees right to compete for employment.

 GIF_shakinghead

Next: Why did Diplomatic Security compile a short-list of DS agents leaving for the U.S. Marshals Service?

 

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Photo of the Day: New Marine Corps Embassy Security Group (MCESG) Headquarters Open

Posted: 1:26 am ET
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Via state.gov:

The dedication of the new Marine Corps Embassy Security Group (MCESG) headquarters building marked the completion of the MCESG headquarters compound, where Marine and Department of State personnel screen and train U.S. Marines for duty as Marine Security Guards at U.S. diplomatic posts abroad. The building is based on a U.S. embassy design to help accustom the Marines working there to an embassy environment.

ARGO Systems, LLC Chief Operating Officer Jeff Johnson; Diplomatic Security Service Director Bill Miller; former commanding officer of Marine Security Guard (MSG) Battalion Col. William Rizzio (USMC Ret.); Marine Corps Embassy Security Group (MCESG)  commanding officer Col. Rollin D. Brewster; Under Secretary of State for Management Patrick F. Kennedy; and Lt. Gen. Ronald L. Bailey cut the ribbon at the dedication of the new Marine Corps Embassy Security Group headquarters building on August 12, 2016 in Quantico, Virginia. Rizzio was the initial planner of the MCESG headquarters project, and ARGO Systems designed and built the facility.  The dedication ceremony was attended by about 70 guests including Rocky Sickman, and Bill Gallegos who were Marine Security Guards (MSG) at the U.S. Embassy in Tehran and were taken hostage when the embassy was overrun by militants in 1979. Both were retroactively presented with the MSG Ribbon.

 

On August 12, 2016, the Marine Corps Embassy Security Group (MCESG) and U.S. Department of State dedicated the new MCESG headquarters building (center background) and its memorial wall at the MCESG compound in Quantico, Virginia. The MCESG headquarters trains and deploys personnel for 175 Marine Security Guard detachments assigned to U.S. embassies and consulates in 147 countries, with the mission to protect U.S. diplomats and prevent compromise of national security information. (U.S. Department of State photo)

On August 12, 2016, the Marine Corps Embassy Security Group (MCESG) and U.S. Department of State dedicated the new MCESG headquarters building (center background) and its memorial wall at the MCESG compound in Quantico, Virginia. The MCESG headquarters trains and deploys personnel for 175 Marine Security Guard detachments assigned to U.S. embassies and consulates in 147 countries, with the mission to protect U.S. diplomats and prevent compromise of national security information. (U.S. Department of State photo)