S.1635 ‘Department of State Authorities Act Fiscal Year 2017’ Marches to the Finish Line

Posted: 4:03 am ET

 

On December 5, the House passed S.1635, the authorization bill for the State Department that was previously passed by the Senate on April 28, 2016.  [On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 374-16].  The bill’s short title is now the ‘Department of State Authorities Act, Fiscal Year 2017’.  House Foreign Affairs Committee Chairman Ed Royce said that “the House has passed an authorization bill in each of the last six Congresses, but unfortunately, it has been nearly 15 years since this legislation was signed into law.” The version of the bill passed by the House is slightly different from the version passed by the Senate this past spring. Our understanding is that the Senate will now need to approve the House changes and when that is done, the bill will go to the White House for President Obama’s signature.

Some components of DOSAA17 that the SFRC approved on April 28, 2016 for FY2017 (see SFRC Approves the Department of State Authorization Act of 2017 #DOSAA17) have made it to approved House version of S.1635, including a 3-year pilot program that provides for a lateral entry into the Foreign Service. We blogged about this previously here, herehere and here.

Section 415 which covers Security Clearance Suspension also made it to this bill with one important difference — “In order to promote the efficiency of the Service, the Secretary may suspend a member of the Service when—(A) the member’s security clearance is suspended; or (B) there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.” Written notice and appeals are provided for FS members but the suspension without pay language had been deleted. The bill notes that “suspend” and “suspension” means placing a member of the Foreign Service on temporary status without duties.  We blogged about this portion of the bill back in May (see @StateDept may soon get the ‘security clearance suspension without pay’ hammer, it’s a baaad idea).

Title IV—covers personnel and organizational issues including the following:

Section 401 directs the Secretary to establish and implement a prevailing wage rates goal for positions in the local compensation plan that is post-specific and “not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.”

Section 402 expands the Overseas Development Program from 20 positions to not fewer than 40 positions; within one year of the date of the enactment, it requires a cost/benefit analysis and allows the ODP expansion to more than 40 positions if the benefits outweigh the costs identified.

Section 403 requires that the promotion of any individual joining the Service on or after January 1, 2017, to the Senior Foreign Service shall be contingent upon such individual completing at least one tour in—‘‘(i) a global affairs bureau; or‘‘(ii) a global affairs position.

Section 405 provides for reemployment of annuitants and a waiver for annuity limitations if “there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.”  That’s good news for retirees.

Section 409 provides, with exception, for non- career employees who have served for five consecutive years under a limited appointment under this section may be reappointed to a subsequent noncareer limited appointment if there is at least a one-year break in service before such new appointment. The Secretary may waive the one-year break requirement under paragraph (1) in cases of special need.’’ This is also good news for those who are on Limited Noncareer Appointments (LNAs).

Section 414 provides for Employee Assignment Restrictions. “The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion.”

There are a couple of items that FS families would be interested in — this bill requires the Secretary, under Section 417, to submit to Congress 1) a report on workforce issues and challenges to career opportunities pertaining to tandem couples in the Foreign Service as well as couples with respect to which only one spouse is in the Foreign Service; 2) Section 714 includes an item for those with dependents who are on the autism spectrum:  “It is the sense of Congress that the Secretary should endeavor to ensure coverage and access, for dependents with ASD of overseas employees, to the therapies described in subsection (a), including through telehealth, computer software programs, or alternative means if appropriate providers are not accessible due to such employees’ placement overseas.”

Title I includes embassy security and personnel protection.

Section 103 provides for direct reporting — that the Assistant Secretary for Diplomatic Security report directly to the Secretary, without being required to obtain the approval or concurrence of any other official of the Department, as threats and circumstances require.

Section 104 addresses Accountability Review Board recommendations related to unsatisfactory leadership.

Section 112 address local guard contracts abroad under diplomatic security program and allows for the awarding of contracts on the basis of best value as determined by a cost-technical tradeoff analysis.

Section 117 provides that “the Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts in order to establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located.”

Section 121 provides security training for personnel assigned to high risk, high threat posts and Section 122 states the sense of Congress regarding language requirements for diplomatic security personnel assigned to high risk, high threat post.

The bill also requires the Department of State to submit to the appropriate congressional committees a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts. Further, it mandates monthly security briefings on embassy security including security tripwires; in coordination with the Secretary of Defense, an evaluation of available United States military assets and operational plans to respond to such posts in extremis; and personnel staffing and rotation cycles at high risk, high threat posts, among other things.

Title II is a stand alone section that covers State/ OIG and USAID/OIG. It looks like Inspector General Steve Linick got almost all the congressional requests he made back in 2015 (see OIG Steve Linick Seeks Legislative Support For Kill Switch on State Dept “Investigating Itself”).

Sec. 201. provides for competitive hiring status for former employees of the Office of the Special Inspector General for Iraq Reconstruction (SIGAR).

Sec. 202. Annually for four year, the Secretary is required to submit a certification of independence of information technology systems of the Office of Inspector General of the Department of State and Broadcasting Board of Governors on files/systems managed by the State Department.

Sec. 203 provides for the protection of the integrity of internal investigations. It amends  Subsection (c) of section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) by adding at the end the following new paragraph: ‘‘(6) REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.— “(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—“(i) Waste, fraud, or abuse in a Department program or operation; “(ii) criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, or GM-15 level or higher; “(iii) criminal misconduct on the part of a Department employee; and “(iV) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a Weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, Warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. “(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than five business days after the date on which the head of such Department entity is made aware of such allegation.”

Section 206 imposes restrictions on USAID/OIG salaries to limit the payment of special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly placed on other criminal investigators within the Federal law enforcement community. “This provision shall be retroactive to January 1, 2013.”

Title III covers international organizations. Section 301 provides for oversight of and accountability for peacekeeper abuses. Section 307. provides for whistleblower protections for United Nations personnel.

Under Title V for Consular Authorities, the bill includes Section 502 which signifies Congressional interest on U.S. passports made in the United States.

Title VI calls for the establishment of the Western Hemisphere Drug Policy Commission including membership, powers, and staffing.

Title VII contains miscellaneous provisions including Section 713 that directs “The Secretary shall make every effort to recruit and retain individuals that have lived, worked, or studied in predominantly Muslim countries or communities, including individuals who have studied at an Islamic institution of higher learning.” Section 707 calls for a GAO report on Department critical telecommunications equipment or services obtained from suppliers closely linked to a leading cyber-threat actor.  Section 710 address the strategy requirement to combat terrorist use of social media. And Section 712 calls for the public availability of reports on nominees to be chiefs of mission. State/HR already posts publicly the nominees’ Certificates of Competency but this provision makes clear that the posting of these certificates on a public website is a requirement “Not later than seven days after submitting the report required under section 304(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign Relations of the Senate, the President shall make the report available to the public, including by posting the  report on the website of the Department in a conspicuous manner and location.” 

List of contents (this version does not appear to be available at congress.gov at this time:

TITLE I—EMBASSY SECURITY AND PERSONNEL PROTECTION

Subtitle A—Review and Planning Requirements

Sec. 101. Designation of high risk, high threat posts.
Sec. 102. Contingency plans for high risk, high threat posts.
Sec. 103. Direct reporting.
Sec. 104. Accountability Review Board recommendations related to unsatisfactory leadership.

Subtitle B—Physical Security and Personnel Requirements

Sec. 111. Capital security cost sharing program.
Sec. 112. Local guard contracts abroad under diplomatic security program.
Sec. 113. Transfer authority.
Sec. 114. Security enhancements for soft targets.
Sec. 115. Exemption from certain procurement protest procedures for non-competitive contracting in emergency circumstances.
Sec. 116. Sense of Congress regarding minimum security standards for temporary United States diplomatic and consular posts.
Sec. 117. Assignment of personnel at high risk, high threat posts.
Sec. 118. Annual report on embassy construction costs. Sec. 119. Embassy security, construction, and maintenance.

Subtitle C—Security Training

Sec. 121. Security training for personnel assigned to high risk, high threat posts.
Sec. 122. Sense of Congress regarding language requirements for diplomatic se- curity personnel assigned to high risk, high threat post.

Subtitle D—Expansion of the Marine Corps Security Guard Detachment Program

Sec. 131. Marine Corps Security Guard Program.

TITLE II—OFFICE OF INSPECTOR GENERAL OF THE DEPART- MENT OF STATE AND BROADCASTING BOARD OF GOVERNORS

Sec. 201. Competitive hiring status for former employees of the Office of the Special Inspector General for Iraq Reconstruction.
Sec. 202. Certification of independence of information technology systems of the Office of Inspector General of the Department of State and Broadcasting Board of Governors.
Sec. 203. Protecting the integrity of internal investigations.
Sec. 204. Report on Inspector General inspection and auditing of Foreign Service posts and bureaus and other offices of the Department. Sec. 205. Implementing GAO and OIG recommendations.
Sec. 206. Inspector General salary limitations.

TITLE III—INTERNATIONAL ORGANIZATIONS

Sec. 301. Oversight of and accountability for peacekeeper abuses.
Sec. 302. Reimbursement of contributing countries.
Sec. 303. Withholding of assistance.
Sec. 304. United Nations peacekeeping assessment formula.
Sec. 305. Reimbursement or application of credits.
Sec. 306. Report on United States contributions to the United Nations relating to peacekeeping operations.
Sec. 307. Whistleblower protections for United Nations personnel.
Sec. 308. Encouraging employment of United States citizens at the United Nations.
Sec. 309. Statement of policy on Member State’s voting practices at the United Nations.
Sec. 310. Qualifications of the United Nations Secretary General.
Sec. 311. Policy regarding the United Nations Human Rights Council.
Sec. 312. Additional report on other United States contributions to the United Nations.
Sec. 313. Comparative report on peacekeeping operations.

TITLE IV—PERSONNEL AND ORGANIZATIONAL ISSUES

Sec. 401. Locally—employed staff Wages.
Sec. 402. Expansion of civil service opportunities.
Sec. 403. Promotion to the Senior Foreign Service.
Sec. 404. Lateral entry into the Foreign Service.
Sec. 405. Reemployrnent of annuitants and Workforce rightsizing.
Sec. 406. Integration of foreign economic policy.
Sec. 407. Training support services.
Sec. 408. Special agents.
Sec. 409. Limited appointments in the Foreign Service.
Sec. 410. Report on diversity recruitment, employment, retention, and promotion.
Sec. 411. Market data for cost-of-living adjustments.
Sec. 412. Technical amendment to Federal Workforce Flexibility Act.
Sec. 413. Retention of mid- and senior-level professionals from traditionally under-represented minority groups.
Sec. 414. Employee assignment restrictions.
Sec. 415. Security clearance suspensions.
Sec. 416. Sense of Congress on the integration of policies related to the participation of Women in preventing and resolving conflicts.
Sec. 417. Foreign Service families workforce study.
Sec. 418. Special envoys, representatives, advisors, and coordinators of the Department.
Sec. 419. Combating anti-Semitism.

TITLE V—CONSULAR AUTHORITIES

Sec. 501. Codification of enhanced consular immunities.
Sec. 502. Passports made in the United States.

TITLE VI—WESTERN HEMISPHERE DRUG POLICY COMMISSION

Sec. 601. Establishment.
Sec. 602. Duties.
Sec. 603. Membership.
Sec. 604. Powers.
Sec. 605. Staff.
Sec. 606. Sunset.

TITLE VII—MISCELLANE OUS PROVISIONS

Sec. 701. Foreign relations exchange programs.
Sec. 702. United States Advisory Commission on Public Diplomacy.
Sec. 703. Broadcasting Board of Governors.
Sec. 704. Rewards for Justice.
Sec. 705. Extension of period for reimbursement of seized commercial fishermen.
Sec. 706. Expansion of the Charles B. Rangel International Affairs Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program.
Sec. 707. GAO report on Department critical telecommunications equipment or services obtained from suppliers closely linked to a leading cyber-threat actor.
Sec. 708. Implementation plan for information technology and knowledge management.
Sec. 709. Ransoms to foreign terrorist organizations.
Sec. 710. Strategy to combat terrorist use of social media.
Sec. 711. Report on Department information technology acquisition practices.
Sec. 712. Public availability of reports on nominees to be chiefs of mission.
Sec. 713. Recruitment and retention of individuals who have lived, worked, or studied in predominantly Muslim countries or communities.
Sec. 714. Sense of Congress regarding coverage of appropriate therapies for dependents with autism spectrum disorder (ASD).
Sec. 715. Repeal of obsolete reports.
Sec. 716. Prohibition on additional funding.

(Roll no. 603). (text: CR H7160-7172)

 

#Benghazi News: What did the ARB and Benghazi Committee know about Alamir, Eclipse and Xpand?

Posted: 3:53 am ET

 

Via HuffPo:

A middleman the State Department relied on to hire unarmed guards at the U.S. facility in Benghazi, Libya, previously worked with a company that’s now at the center of a massive international bribery scandal.

The FBI and law enforcement agencies in at least four other countries are investigating allegations ― first published by The Huffington Post and Fairfax Media ― that a Monaco-based company called Unaoil bribed public officials to secure contracts for major corporations in corruption-prone regions. In Libya, Unaoil partnered with a Tripoli-based businessman named Muhannad Alamir. A former Unaoil employee who served as a confidential source for the FBI told investigators that Unaoil and Alamir bribed Libyan officials. Unaoil and Alamir deny they bribed anyone.

Alamir started working with the State Department in early 2012, less than three years after cutting ties with Unaoil. He provided Blue Mountain Group, the small British security firm that won the Benghazi guard contract, with the license it needed to legally operate in Libya.
[…]

Despite the damning internal review and seven prior congressional probes, House Republicans voted overwhelmingly in 2014 to establish a special committee to further investigate the 2012 attack. Two years and $7 million later, the committee released an 800-page report. Democrats dismissed it as a partisan attack on Clinton, by then their expected presidential nominee.

The report echoed earlier criticisms of security lapses, but revealed little substantive information about the contracting process that contributed to the problem. The Benghazi committee report mentioned Blue Mountain 12 times. Alamir, Eclipse and Xpand weren’t mentioned once.

 

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Oh Damn and Blast! @StateDept’s Administrative Leave Data Is One Hot Mess

Posted: 3:32 am ET

 

According to State/OIG, administrative leave is granted to employees as an authorized absence from duty without loss of pay or use of leave for various reasons unrelated to employee conduct, such as blood donations and weather-related closures. It may also be granted to employees who are under investigation for misconduct.  Senator Charles Grassley asked State/OIG for a description of the State Department’s administrative leave policies and the controls in place to prevent extensive use of administrative leave. On October 3, State/OIG posted online its report, Department of State Has Administrative Leave Policies but Lacks Complete and Accurate Data on the Use of Leave.

In response to the congressional request, the Office of Inspector General (OIG) evaluated the use of administrative leave at the Department of State (Department). The objectives of the evaluation were (1) to describe the Department’s administrative leave policies and (2) to determine the amount of administrative leave Department employees used from January 2011 to January 2015 and the circumstances surrounding the use of such leave.

State/OIG obtained data on administrative leave granted to Department employees from 2011 through 2015 from the Bureau of Human Resources (HR). For several of these employees, OIG also reviewed select records from the Time and Attendance Telecommunications Line (TATEL) system, the Department’s time and attendance tracking system.

Excerpt from OIG report:

  • At the Department of State, administrative leave can be authorized in 26 circumstances not related to conduct. Employees under investigation for misconduct may also be placed on administrative leave if their continued presence in the workplace may pose a threat to the employee or to others, may result in loss of or damage to government property, or may otherwise jeopardize legitimate government interests. Conduct- related administrative leave over 16 hours may only be granted by the Deputy Assistant Secretary of Human Resources.
  • OIG intended to determine the amount of administrative leave used by Department employees from January 2011 to January 2015 and the circumstances surrounding the use of such leave. However, the Department did not provide OIG with sufficient data to make these determinations. Consequently, OIG is unable to make any assessments about the Department’s use of administrative leave. OIG identified two key deficiencies in the data the Department provided: (1) the Department lacks a centralized source of information regarding the justification for why administrative leave is granted and (2) HR data on the hours of administrative leave used conflicts with data from individual employing offices.

Administrative Leave Not Related to Conduct: 26 Circumstances

  • There are 26 circumstances not related to conduct where administrative leave can be authorized. These circumstances include Federal holidays, voting, hazardous weather conditions, packing.unpacking, blood/organ donation, funerals, time zone dislocation adjustment period to name a few and several miscellaneous reasons like group dismissals for a reasonable period due to extreme climatic conditions; civil disturbance; transportation failure; breakdown of heating/cooling systems; natural disaster, etc.; jury duty; and absence due to an injury incurred while serving abroad and resulting from war, insurgency, mob violence or hostile action.  The amount of time authorized by the FAM and the FAH for administrative leave in these circumstances varies from one hour to one year.
State/HR’s Unreliable Data
  • In response to OIG’s request for information on administrative leave granted to Department employees, HR provided a report created by CGFS using TATEL data transferred to the payroll system. According to this data, the Department recorded 8.36 million hours of administrative leave for 33,205 employees from January 2011 to January 2015; however, their data was unreliable. Specifically, OIG identified two key deficiencies in the data that the Department provided. […] Currently, the only way to determine the justification for an employee’s administrative leave is to review the timesheet, ask the employee, or ask the employing bureau. The Department is currently updating its payroll systems, including modernization of its time and attendance systems. Once this project is completed, there will be more information available on specific uses of administrative leave. However, there is no expected completion date for the project.
  • OIG selected the 100 employees with the most hours of recorded administrative leave based on HR’s data and requested the justification from the applicable employing bureaus.17 According to the data provided by HR, these 100 employees recorded over 320,000 hours of administrative leave during the period under evaluation. However, after reviewing the information the bureaus provided, OIG found that administrative leave hours reported by HR were incorrect for 84 of these 100 employees (84 percent). Four of the employees were on work-related travel as opposed to on administrative leave. The other 80 employees were at work on regular duty between January 2011 and January 2015—with the exception of holidays, scheduled sick and annual leave, and weather-related closures—and their time and attendance records maintained by their employing bureau did not support the large amounts of administrative leave indicated by the HR data. OIG interviews with several employees and supervisors corroborated this information.
  • Although HR officials told OIG that timekeeping error was the most likely source of the discrepancies between the HR data and the information provided by the employing bureaus,19 reports from TATEL reviewed by OIG demonstrated that timekeeper error does not explain the entirety of the large balances of the administrative leave indicated by the HR data.20

Administrative Leave Related to Conduct

  • OPM guidance states that administrative leave should be used only as “an immediate, temporary solution to the problem of an employee who should be kept away from the worksite.”13 OPM also recommends that administrative leave “should not be used for an extended or indefinite period or on a recurring basis” and agencies should “consider other options prior to use of administrative leave.”
  • Department policies follow this guidance and contain several controls to ensure that administrative leave is used only as a temporary solution for employees who should be kept out of the workplace. The FAM defines conduct-related administrative leave as leave authorized “when an investigation, inquiry, or disciplinary action regarding the employee’s conduct is pending, has been requested, or will be requested within 2 workdays, and the continued presence of the employee in the workplace may pose a threat to the employee or to others, or may result in loss of, or damage to, U.S. government property, or may otherwise jeopardize legitimate U.S. Government interests
  • The Deputy Assistant Secretary told OIG that he and his staff carefully scrutinize each request to ensure that there is sufficient documentation that an employee’s continued presence in the workplace poses an actual problem. They also encourage the bureau to explore other alternatives and have, in some cases, referred the issue to the Office of Civil Rights, the Office of the Ombudsman, or the Bureau of Medical Services. The Deputy Assistant Secretary has disapproved administrative leave requests when alternatives exist or when there is insufficient documentation of a problem.
  • Even when HR approves a request for administrative leave, leave is only authorized for a 30 day maximum. According to HR, this incremental approach ensures that it will reevaluate the employee’s status periodically to determine whether administrative leave continues to be necessary. HR identified three main justifications to place an employee on administrative leave for over 16 hours:
  1. loss of security clearance
  2. medical-related issues
  3. violence or threatening conduct

63,000 Hours in a 4-Year Period

  • Despite these deficiencies, OIG found that more complete information exists for employees on conduct-related administrative leave. For example, sixteen of the 100 employees OIG reviewed had accurately recorded administrative leave and 15 of these were conduct-related cases. For each of these cases, HR confirmed that it had followed Department policy in granting administrative leave to ensure that the employee’s continued presence in the workplace posed a serious problem. These employees represented approximately 63,000 hours of administrative leave in the four-year period
  • According to HR, one of the reasons for these large balances is the difficulty in finding alternative work assignments or locations for employees who are on administrative leave because their security clearances have been suspended. The nature of the Department’s work limits the number of positions for which a security clearance is not required. Department offices may have unclassified work that employees can perform, but those employees would have to be escorted and monitored because most offices are secure spaces. Furthermore, employees who have had their clearances suspended may pose a risk even in unclassified areas.

The original report is posted here (PDF), or read in full below (click on the arrow at the lower right hand side of the box below to maximize view).

Related posts:

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Congress Overturns Obama Veto, Blames Obama For Not Telling Elected Morons of “Potential Consequences”

Posted: 3:43 pm ET

 

Back in April 2016, the NYT did a piece about Saudi Arabia warning of economic fallout if Congress passes the 9/11 bill. Secretary Kerry and top officials from State and the Pentagon warned Congress of potential legal jeopardy for Americans overseas if countries counter with retaliatory legislations:

Obama administration officials counter that weakening the sovereign immunity provisions would put the American government, along with its citizens and corporations, in legal risk abroad because other nations might retaliate with their own legislation. Secretary of State John Kerry told a Senate panel in February that the bill, in its current form, would “expose the United States of America to lawsuits and take away our sovereign immunity and create a terrible precedent.”
[…]
In a closed-door briefing on Capitol Hill on March 4, Anne W. Patterson, an assistant secretary of state, and Andrew Exum, a top Pentagon official on Middle East policy, told staff members of the Senate Armed Services Committee that American troops and civilians could be in legal jeopardy if other nations decide to retaliate and strip Americans of immunity abroad. They also discussed the Saudi threats specifically, laying out the impacts if Saudi Arabia made good on its economic threats.

President Obama wrote a letter to the Congress explaining the potential consequences of the 9/11 bill.

President Obama said that his opposition to JASTA is based primarily on its potential impact on the United States. No, it’s not because he’s a Muslim.  The sovereign immunity principles protect all nations but the United States, more than any other country in the world, is active in a lot more places. As we’ve pointed out previously, the State Department has diplomatic and consular presence in over 280 locations worldwide, and the U.S. military has 662 known military overseas bases in 38 foreign countries. In short, the sovereign immunity protection benefits the United States more than any other country in the world.

The CIA director said that “the principle of sovereign immunity protects US officials every day, and is rooted in reciprocity.”  If we don’t afford this protection to other countries, other countries will not afford this same protection to American citizens, or the U.S. government overseas.

The Embassy of Saudi Arabia in Washington D.C., understandably has the best collection of those who called on Congress warning of potential consequences of the 9/11 bill. Let’s borrow the following infographic depicting General Dunford. His letter is also appended below:

Secretary of Defense Ash Carter warned of potential consequences:

Former top government officials from both Democratic and Republican administrations warned of potential consequences:

The Senate and the House went and voted for it anyway.

Even if they know that there are serious potential consequences for our country down the road.

So 97 senators voted for the bill.  Then 28 of those senators wrote a letter saying they’ll work to “mitigate” its unintended consequences. They did not say how. Only that they’ll work on it.

Except that they’ve gone home to campaign.  The Senate will meet 15 times between now and November 15 but all those will be pro forma meetings with no business conducted.

So, the override has now angered some countries. Surprise.

But before they all left home for their break — the Republican Majority Leader in the Senate stood before the cameras to blame President Obama — who vetoed the bill — for failure to communicate the “potential consequences.”

President Obama on CNN:

The veto override was a political vote, is there any doubt? The only senator who voted “no” was the one not running for re-election.  Not only was it a political vote, it appears that they passed a bill that opened a can of worms, throw chaos to the wind, put our people and global interests at risks, and appears toothless as heck from the looks of it.

Just Security’s Steve Vladeck (@steve_vladeck) who is also a professor of law at the University of Texas School of Law writes that “even if a plaintiff could obtain a judgment against a foreign sovereign like Saudi Arabia under the Senate-passed version of JASTA (that is, if they somehow avoid a perpetual stay), they would still have a devil of a time executing that judgment (and would have to base such execution on a different waiver of attachment immunity).” Read his long primer on JASTA and his piece, The Senate Killed JASTA, Then Passed It… which discusses the changes between the original bill and the version approved by the Congress.

Why perpetual stay? Because it says so in the bill that our elected representatives  passed:

screen-shot-2016-09

 

A stay that can last 180 days, which can be renewed for addition 180 days and can be recertified to provide additional extensions to the stays.  These cases could potentially just go on forever, wouldn’t it? So the 9/11 families’ court cases could be in perpetual stay in U.S. courts but that would not preclude other countries from inacting retaliatory legislations against the United States.

Today, this happened. The case is DeSimone v. Kingdom of Saudi Arabia, 16-cv-1944, U.S. District Court, District of Columbia (Washington).

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Obama Nominates Career Diplomat Jeffrey DeLaurentis — First Ambassador to Cuba Since 1960

Posted: 1:12 pm ET

 

On September 27, President Obama announced his intent to nominate Ambassador Jeffrey DeLaurentis to be the first U.S. Ambassador to Cuba in over 50 years:

President Obama said, “Today, I am proud to nominate Ambassador Jeffrey DeLaurentis to be the first U.S. Ambassador to Cuba in more than 50 years. Jeff’s leadership has been vital throughout the normalization of relations between the United States and Cuba, and the appointment of an ambassador is a common sense step forward toward a more normal and productive relationship between our two countries. There is no public servant better suited to improve our ability to engage the Cuban people and advance U.S. interests in Cuba than Jeff.  A career member of the Senior Foreign Service, Jeff has extensive experience in Cuba and Latin America.  He has served as our Chief of Mission in Havana since August 2014, and was posted to Havana twice before.  Jeff is already working with Cuba on issues that advance U.S. national interests, such as law enforcement, counternarcotics, environmental protection, combatting trafficking in persons, expanding commercial and agricultural opportunities, and cooperation in science and health.  He engages broadly with the Cuban people and expresses the United States’ strong support for universal values and human rights in Cuba.  Jeff also has extensive experience working with the United Nations.  During his most recent service at the U.S. Mission to the United Nations he served for three years as Ambassador, Alternate Representative for Special Political Affairs.  Having an ambassador will make it easier to advocate for our interests, and will deepen our understanding even when we know that we will continue to have differences with the Cuban government.  He is exactly the type of person we want to represent the United States in Cuba, and we only hurt ourselves by not being represented by an Ambassador.  If confirmed by the Senate, I know Jeff will build on the changes he helped bring about to better support the Cuban people and advance America’s interests.

The WH released the following bio of the nominee:

Ambassador Jeffrey DeLaurentis, a career member of the Senior Foreign Service, is the Chief of Mission at the U.S. Embassy in Havana, Cuba, a position he has held since 2015.  He served as Chief of Mission at the U.S. Interests Section in Havana, Cuba from 2014 to 2015.  Prior to that, Ambassador DeLaurentis served as Ambassador and Alternate Representative for Special Political Affairs at the U.S. Mission to the United Nations from 2011 to 2014.  Prior to that posting, he was Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  Ambassador DeLaurentis was previously Minister Counselor for Political Affairs and Security Council Coordinator at the U.S. Mission to the United Nations.  Since beginning his State Department career in 1991, Ambassador DeLaurentis has served in a number of overseas posts, including twice before in Havana, first as consular officer from 1991 to 1993, then as Political-Economic Section Chief from 1999 to 2002.  He also served as Political Counselor at the U.S. Mission to the United Nations in Geneva, and Political Counselor at the U.S. Embassy in Bogota.  In Washington, Ambassador DeLaurentis served as Executive Assistant to the Under Secretary of State for Democracy and Global Affairs, Special Assistant to the Assistant Secretary of State for Western Hemisphere Affairs, Director of Inter-American Affairs at the National Security Council, and as an International Relations Officer in the Bureau of International Organization Affairs.  Prior to entering the Foreign Service, he held a senior staff position at the Council on Foreign Relations.  Ambassador DeLaurentis received a B.S. from the Georgetown University School of Foreign Service and an M.A. from Columbia University’s School of International and Public Affairs.

According to history.state.gov, the United States remained in Cuba as an occupying power following the defeat of Spain in 1898, until the Republic of Cuba was formally installed on May 19, 1902. On May 20, 1902, the United States relinquished its occupation authority over Cuba, but claimed a continuing right to intervene in Cuba.  Diplomatic relations and the U.S. Legation in Havana were established on May 27, 1902, when U.S. Envoy Extraordinary and Minister Plenipotentiary Herbert Goldsmith Squiers presented his credentials to the Government of the Republic of Cuba. He served until December 2, 1905.

Following an act of Congress, the U.S. Legation in Havana, Cuba, was raised to Embassy status on February 10, 1923, when General Enoch H. Crowder was appointed Ambassador. He served until May 28, 1927.

The United States severed diplomatic relations with Cuba on January 3, 1961, citing unwarranted action by the Government of Cuba that placed crippling limitations on the ability of the United States Mission to carry on its normal diplomatic and consular functions.

On September 1, 1977, the United States established an Interests Section in the Swiss Embassy.  On July 20, 2015, the United States and Cuba resumed diplomatic relations when both countries elevated their respective Interests Sections to Embassy status. President Barack Obama and Cuban President Raul Castro agreed to the date for these actions in an exchange of letters dated June 30, 2015.

Between 1977 to 2015, 14 principal officers served at the Interest Section in Havana, including Ambassador DeLaurentis whose position was elevated to Chargé d’Affaires ad interim on July 20, 2015 when diplomatic relations were restored.

The last Senate-confirmed ambassador prior to the break in diplomatic relations was Philip Wilson Bonsal (1903–1995). He was appointed Ambassador Extraordinary and Plenipotentiary from March 3, 1959–October 28, 1960.   Daniel McCoy Braddock (1906–1980) served as Chargé d’Affaires ad interim until January 1961.

So if/when the Senate considers Ambassador DeLaurentis’ nomination, it will be the first time that they’ll do so since 1960.

 

Notable reactions, some with consequences to the confirmation of this nomination in the U.S. Senate.

 

Related Posts:

Decision Window For Federal Long Term Care Insurance With Shocking Premium Hike Closes 9/30/16

Posted: 3:01 am ET

 

Excerpted from CRS Insight (PDF), September 2016 via Secrecy News:

On July 16, 2016, the U.S. Office of Personnel Management (OPM) announced a premium rate increase for long-term care insurance policies purchased through the Federal Long Term Care Insurance Program (FLTCIP). The new rates were established following an open competitive bidding process. That process awarded a new seven-year contract to the prior insurer and sole bidder, John Hancock Life & Health Insurance Company, to continue providing coverage. According to OPM, the higher premiums are based on an analysis that used updated assumptions of industry trends and claims experience. The analysis determined that current FLTCIP premiums were not sufficient to meet projected costs and benefits. Most federal workers enrolled in FLTCIP are affected by the premium increase (an estimated 264,000 of the 274,000 enrollees).

During OPM’s 2016 Enrollee Decision Period, enrollees affected by the rate increase have until September 30, 2016, to decide whether to:

(1) keep their current coverage and pay the increase;
(2) reduce coverage in order to maintain their current premium; or
(3) allow their policies to lapse (i.e., drop coverage in the program).

Rate increases are scheduled to take effect November 1, 2016.
[…]
According to news sources, premiums are expected to increase by 83%, on average. Some Members of Congress have expressed their concerns to OPM leadership and John Hancock about such dramatic increases, calling for more time for enrollees to assess options as well as for congressional hearings on the issue.

Rate Stability and Long-Term Care Insurance

Federal workers are not the only policyholders to face LTCI premium increases. Over the past two decades, annual LTCI premiums have increased significantly overall for both current and new policyholders. Higher average premiums reflect increased demand for more comprehensive benefit packages (including inflation protection) and higher daily benefit amounts. Premium increases have also been driven by inadequate medical underwriting, premiums that were initially set too low, and insufficient growth in reserves to cover future claims. Thus, premium or rate stability depends largely on the ability of insurers to adequately predict future claims. Most policies issued before the mid-2000s have incorrectly predicted claims, necessitating changes to key pricing assumptions. For example, rising claims, lower mortality rates, lower-than-predicted voluntary termination (lapse) rates, and lower-than-predicted rates of return on investments have been cited as key reasons for LTCI premium increases. Nevertheless, large rate increases, such as those proposed by the FLTCIP, are likely to have a continued effect on consumer confidence in these products, possibly leading to further reductions in consumer demand.

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Senate Confirms Peter M. McKinley to be U.S.Ambassador to Brazil, More Noms Pending in Committee

Posted: 3:31 pm ET

The following are nominations currently waiting for their committee hearings or waiting on the executive calendar for a full Senate vote. As of today, the SFRC does not have nominations scheduled for hearings.

Pending on the Executive Calendar:

DEPARTMENT OF STATE

Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources), vice John Stern Wolf.

UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

Douglas Barry Wilson, of Delaware, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2017, vice Elizabeth F. Bagley, term expired.

OVERSEAS PRIVATE INVESTMENT CORPORATION

Nelson Reyneri, of Washington, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2018, vice Matthew Maxwell Taylor Kennedy, term expired.

Roberto R. Herencia, of Illinois, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2018. (Reappointment)

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development, vice Robert D. Hormats, resigned.

 

Pending in the Senate Foreign Relations Committee:

Ambassadors and Senior Officials:

2016-07-13 PN1624 Department of State | Joseph R. Donovan Jr., of Virginia, 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 Indonesia.

2016-06-29 PN1588 Department of State | W. Stuart Symington, 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 Federal Republic of Nigeria.

2016-06-16 PN1547 Department of State | Andrew Robert Young, of California, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Burkina Faso.

2016-06-16 PN1546 Department of State | Kamala Shirin Lakhdhir, of Connecticut, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Malaysia.

2016-05-19 PN1490 Department of State | Sung Y. Kim, 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 the Philippines.

2016-05-19 PN1488 Department of State | Rena Bitter, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Lao People’s Democratic Republic.

2015-07-08 PN628 Department of State | Mari Carmen Aponte, of the District of Columbia, to be Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.

2015-01-08 PN48 Department of State | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-02-26 PN229 African Development Bank | Marcia Denise Occomy, of the District of Columbia, to be United States Director of the African Development Bank for a term of five years.

2015-02-26 PN228 Inter-American Development Bank | Mileydi Guilarte, of the District of Columbia, to be United States Alternate Executive Director of the Inter-American Development Bank.

Foreign Service Nominations

2016-09-06 PN1705 Foreign Service | Nominations beginning John Robert Adams, and ending David M. Zwick, which 161 nominations were received by the Senate and appeared in the Congressional Record on September 6, 2016.

2016-09-06 PN1704 Foreign Service | Nominations beginning Jorge A. Abudei, and ending Deborah Kay Jones, which 100 nominations were received by the Senate and appeared in the Congressional Record on September 6, 2016.

2016-07-13 PN1643 Foreign Service | Nominations beginning Jennisa Paredes, and ending Jamoral Twine, which 5 nominations were received by the Senate and appeared in the Congressional Record on July 13, 2016.

2016-07-13 PN1642 Foreign Service | Nominations beginning Diana Isabel Acosta, and ending Elisa Joelle Zogbi, which 192 nominations were received by the Senate and appeared in the Congressional Record on July 13, 2016.

2015-06-10 PN573-6 Foreign Service | Nominations beginning Jeffries Blunt de Graffenried, Jr., and ending Debbie Patrice Jackson, which 2 nominations were received by the Senate and appeared in the Congressional Record on June 10, 2015.

2015-02-26 PN230-3 Foreign Service | Nomination for David Elliott Horton III, which nomination was received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-01-13 PN72-8 Foreign Service | Nomination for Daniel Menco Hirsch, which nomination was received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-01-13 PN71-2 Foreign Service | Nominations beginning David J. Barth, and ending R. Douglass Arbuckle, which 2 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

 

 

 

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Congress “Examines” @StateDept FOIA Compliance, Talks Hillary, Hillarrry, Hillarrrrry

Posted: 4:20 pm ET

 

On September 8, the House Oversight and Reform Committee (HOGR) held a hearing Examining FOIA Compliance at the State Department. The hearing has four State Department officials as witnesses starting with Patrick Kennedy, the Under Secretary for Management and Janice Jacobs, the agency’s Transparency Coordinator. It also includes two staffers from the Executive Secretariat. Some members expressed appreciation for the work these officials have done, one referring to them as “clean-up” people at State.

For the most part, it’s the kind of theater that we’ve come to expect from the Congress. One member asked about the Yemen War and the arm sales to Saudi Arabia. In an FOIA hearing.  More than a couple members used the hearing to throw darts at the absent Hillary Clinton. No, no response required from any of the witnesses in those segments. Another member wants the State Department to go get Colin Powell’s emails from his tenure at the State Department. A member brought up Colin Powell’s role in the lead up to the Iraq War. There was a bit of discussion on retroactive classification and Foreign Government Information (FGI). Another member wanted to know the names of the people who are processing and redacting FOIA requests. We stopped watching when Chaffetz did a quiz show on what Congress should not be able to see.  We include the links below to the prepared statements of the State Department officials as well as the hearing page here, if you want to watch the video.

Oh, get ready, apparently over the next few days, the Committee will hold a couple more hearings like this. On September 12, it will hold a hearing on classification and redactions in FBI’s investigative file. On September 13, it will hold a hearing on the preservation of records at the State Department. This last one is also called an “examination.” By October, we might see hearings focusing on an Examination of the State Department’s Cafeteria Selection.  It remains to be seen if the next hearings will result in any findings at all, or if perhaps this is nothing but a roundabout way of getting folks an audition for spoken entertainment with Audible.

 

The Honorable Patrick F. Kennedy Under Secretary for Management U.S. Department of State Document
The Honorable Janice Jacobs Transparency Coordinator U.S. Department of State Document
Ms. Karin Lang Director, Executive Secretariat U.S. Department of State Document
Mr. Clarence N. Finney, Jr. Deputy Director for Correspondence, Records, and Staffing Division, Executive Secretariat U.S. Department of State Document

Here’s the GOP side talking about putting the “e” at the end of potato and Hilary Clinton.

Here’s the Dems talking about the GOP and Hillary Clinton.

Welcome to the next 60 days of depressing nightmare on the Hill, in addition to the other one unfolding on teeve. Excuse us now, we’ll just go find us some cats for therapy.

 

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HOGR Democrats Invoke 1928 Statute Then Release in Full Colin Powell’s Email Tips to #HillaryClinton

Posted: 1:45 am ET

 

Remember when former Secretary of State Colin Powell said this:

On September 7, Rep. Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform (HOGR), publicly released an email exchange between former Secretary of State Colin Powell and then-Secretary of State Hillary Clinton in January 2009 on the use of blackberry and personal email. The bit about official records is going to drive FOIA advocate nuts.

According to Cummings’ press release, he obtained the email exchange between Secretary Powell and Secretary Clinton through a unique statutory provision known as the “Seven Member Rule” in which any seven members of the Oversight Committee may obtain federal records from federal agencies.

The Seven Member Rule is unique authority passed by Congress and signed by the President in 1928 that requires any executive agency to “submit any information requested of it relating to any matter within the jurisdiction of the committee” when requested by seven members of the Committee on Oversight and Government Reform.

The Members requested the Powell-Clinton emails by September 6, 2016. Two emails were produced by the State Department to the House Oversight Committee on September 6, 2016, and clearly marked “NOT FOR PUBLIC RELEASE.”  But of course, it was publicly released in full on September 7, 2016 with only one redaction; presumably, Secretary Powell’s AOL email address.

 

Read directly via the House Oversight Committee here (PDF).

 

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List of Presidential Appointee Positions at @StateDept Requiring Senate Confirmation

Posted: 12:05 am ET

 

Via CRS, August 23, 2016

The following list of State Department positions is extracted from CRS Report RL30959 which indicates that the information provided in the report was compiled from the Senate nominations database of the Legislative Information System which spans the 97th Congress (1981-1982) to the present; data on departmental and agency websites; telephone conversations with agency officials; and the United States Code. Note the two (2)) positions at State and one (1) at USAID that no longer require Senate confirmations due to the Presidential Appointment Efficiency and Streamlining Act of 2011.

Senate Committee on Foreign Relations Full-Time Positions

Department of State 109
Secretary
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs
Under Secretary—Civilian Security, Democracy, and Human Rights
Under Secretary—Management
Under Secretary—Political Affairs
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs 110
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer 111
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions112
Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs
Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific
Affairs Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs
Ambassador-at-Large—Coordinator—Counterterrorism
Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons
Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization
Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service
*Chief Financial Officer113
Inspector General 114
Legal Adviser
Chief of Protocol 115

Ambassadors

Foreign Service Officers (numerous commissions and promotions)

U.S. Mission to the United Nations

U.S. Permanent Representative and Chief of Mission—United Nations
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations
U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)

U.S. Agency for International Development 116

Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa
Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia
Assistant Administrator—Food Safety Assistant
Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance
Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General117

European Bank for Reconstruction and Development
U.S. Executive Director

International Broadcasting Bureau, Broadcasting Board of Governors
Director

International Joint Commission, United States and Canada
Commissioner—three positions

International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)

Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.)

U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)

U.S. Trade and Development Agency
Director

Organizations with Full- and Part-Time Positions 118

African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)

Asian Development Bank
U.S. Executive Director (full-time)
Governor and Alternate Governor (part-time)

International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S.
Executive Director for the International Finance Corporation and the International Development Association.)

U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.)

Governor (same individual as the International Monetary Fund Governor; five-year term of office; part-time—The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.)

Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.)

Millennium Challenge Corporation

Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)

Overseas Private Investment Corporation

President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—8 (of 15 total) positions (part-time; three-year terms of office)

Peace Corps

Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)

Part-Time Positions

Advisory Board for Cuba Broadcasting (political balance required)119
*Member—eight positions (three-year terms of office)

African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)120

African Development Fund
Governor and Alternate Governor

Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)

Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)

U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)

Presidential Appointee Positions That No Longer Required Senate Confirmation Per P.L. 112-166, the Presidential Appointment Efficiency and Streamlining Act of 2011

Assistant Secretary for Public Affairs, Department of State

Assistant Secretary for Administration, Department of State

Assistant Administrator for Management, U.S. Agency for International Development

 

Notes:

109 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position), and Select Committee on Intelligence.

110 Although not guaranteed, most recent Assistant Secretaries—African Affairs also held the advice and consent part- time position as a member of the Board of Directors of the African Development Foundation.

111 The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on ‘Privileged’ Nominations” for further explanation.

112 Nomination must be made and confirmed for both positions.

113 This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

114 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6.

115 According to the State Department, “Since 1961, the Chief of Protocol has been commissioned an Ambassador, requiring the President’s nominee to be confirmed by the Senate.” Quote from the State Department website, available at http://www.state.gov/s/cpr/c15634.htm.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

116 See also Committee on Homeland Security and Governmental Affairs (for inspector general position).

117 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

118 Because several organizations under this committee have both full- and part-time advice and consent positions, they were listed under this heading for succinctness.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

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