Colin Powell Is Done Talking About Hillary Clinton’s Emails, So Let’s Take A Trip Down @StateDept Tech Lane

Posted: 1:27 am ET

 

After making waves for saying “Her people have been trying to pin it on me,” former Secretary of State Colin Powell is done talking about former Secretary of State Hillary Clinton’s emails and is not commenting anymore on it.

For those too young to remember this  — there was a time, not too long ago when the State Department communicated via teletype machines (with paper tape), similar to the one below.   You draft your cables on a Wang computer, give it to the local secretary to convert the document, and then she (almost always a she) runs it through the teletype machine for transmission to Main State and other diplomatic posts overseas.  If I remember right,  State had some creative IT folks who hooked up a DOS computer to the teletype machine so conversion was possible.  You still had to print it out and it still took a lot of trees.

Image via Open Tech School

 

When Colin Powell came to the State Department in 2001, the State Department was still using the Wang machine similar to the one below. They were either stand alone machines or were connected via a local area network and hooked up to a gigantic magnetic disc.  If post was lucky, it got one computer also hook up for email. Otherwise, you have a Selectric typewriter and a weekly diplomatic pouch.

Via Pinterest

Here is retired FSO Pater Van Buren with a look at technology at State during the Powell era.

When the rest of the world was working on PCs and using then-modern software in their offices, State clung to an old, clunky mainframe system made by the now-defunct company WANG. WANG’s version of a word processor was only a basic text editor with no font or formatting tools. Spell check was an option many locations did not have installed. IBM had bid on a contract to move State to PCs in 1990, but was rejected in favor of a renewal of the WANG mainframes.
[…]
Until Powell demanded the change, internet at State was limited to stand-alone, dial up access that had to be procured locally. Offices had, if they were lucky, one stand alone PC off in the corner connected to a noisy modem. If you wanted to use it, you needed in most cases to stand in line and wait your turn.
[…]
The way I see it, there’s about a 99.9 percent probability that he discussed his signature accomplishment at State with her, and cited his own limited, almost experimental, use of an AOL email account, as an example of how to break down the technical, security, bureaucratic, and cultural barriers that still plague the State Department today.

Read in full below:

 

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J. Kael Weston’s The Mirror Test: America at War in Iraq and Afghanistan (Excerpt)

Posted: 1:45 am ET

“When we look into that mirror, let’s not turn away.”
-J. Kael Weston

Richard Holbrooke in The Longest War called John Kael Weston “a remarkable young Foreign Service officer after he established a direct dialogue with tribal leaders, university students, mullahs, madrassa students and even Taliban defectors in 2008.

Dexter Filkins, the author of The Forever War wrote that “As a front-line political officer for the State Department, Weston has perhaps seen more of Iraq and Afghanistan than any single American. But what makes this book special–what makes Weston special–is his ability to transcend his own experience and bring it all home, and force us, as Americans, to ask ourselves the larger questions that these wars demand. This is a necessary book, and one that will last.” 

Phil Klay, the author of Redeployment and winner of the 2014 National Book Award for Fiction  and the John Leonard First Book Prize wrote that the books is “a riveting, on-the-ground look at American policy and its aftermath” and “is essential reading for anyone seeking to come to terms with our endless wars.”

John Kael Weston joined the State Department in 2001. He served in Iraq and Afghanistan as the State Department representative in Anbar Province, Iraq, and Helmand and Khost Provinces in Afghanistan (http://www.jkweston.com). He has a twin brother Kyle Weston who works for a Utah-based outsourcing company and wrote about experiencing war through a twin.  Prior to serving in the war zones of Iraq and Afghanistan, he served at USUN in 2003.  He is the recipient of the Secretary of State’’s Medal for Heroism.  He left government service in 2010.  Read an excerpt below courtesy of Amazon Kindle/Preview:

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click on image to read the excerpt

 

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First Person: An Embassy Bombing – Dar Es Salaam, August 7, 1998

Posted:12:41 am ET

The following is an excerpt from a first person account of the 1998 bombing in Dar Es Salaam, Tanzania by FSO Dante Paradiso. He is a career Foreign Service Officer, a lawyer, and the author of the forthcoming book “The Embassy: A Story of War and Diplomacy,” Beaufort Books (New York) available in October 2016.   Prior to joining the Foreign Service he served in the Peace Corps and was an intern at the US Embassy in Dar Es Salaam in 1998.  Since joining the FS in 2002, he has served  in Monrovia, Beijing, Addis Ababa, Jalalabad, Libreville and Washington, D.C.

The piece is excerpted from the Small Wars Journal and includes the  standard disclaimer that “the views expressed are the author’s own and not necessarily those of the U.S. Department of State or the U.S. government.”  He is on Twitter at @paradisoDX.

The wall and guard booth are gone—just rubble and rusted ribs of rebar.  The motor pool fleet is crushed, pancaked, the frames of the cars and vans fused and welded together.  The chassis and tank of a blue water truck lie upside down and crumpled against the base of the chancery like a scarab beetle pinned on its back.  The community liaison office at the corner of the building is a black, smoldering cavern.  The other wing stands disfigured.  The sun louvers are cracked.  Above the cafeteria, blood is splattered across the wall like abstract art, rust-colored in the light.  The Economic Officer tells me, “Don’t enter through the side.”

“Why?”

“There’s a hand in the stairwell.”

Read in full here.

While you’re reading this, you might also want to check out Vella G. Mbenna’s account of the same bombing.  She served as a ­­­­­Support Communications Officer and recounts her experience during the attack in Dar es Salaam. She was interviewed by Charles Stuart Kennedy beginning in 2016. Via ADST:

After leaving the center where I worked and passed the area around the corner where the Front Office was located, I heard a faint phone ringing. I stopped in my tracks, turned around and entered the communication center to find out that it was my phone.

I quickly went to the back of the center to my office to get it. It was Pretoria on the line and I was glad. I sat in my chair and said these words to them, “I am Vella from Dar es Salaam and I was wondering why our system’s staff …..”

Before I finished the sentence, the blast occurred because the wall I was facing came back in my face and slammed me into racks of equipment across the room.

I recall getting up, brushing myself off and proceeding to alert Washington via my equipment that something bad had happened and to close our circuits for now. Then I proceeded to check on colleagues in the communications suite and putting communication and IT stuff in a safe.
[…]
I walked on and opened the door to the Admin building side of the building….What I saw without even entering deep into the building was complete chaos. It was more of what I saw in the Executive Office, but to a greater extentIt was like a meteorite had hit the Embassy. Even worse was that the entire wall and windows facing the road was gone.

I started having a really bad feeling because most of all I saw or heard no one. Why was everyone gone except me? I backed out of the door and back onto the catwalk and started down the stairs.

As I started down the stairs I realized that something bad had happened, something really, really badI thought that maybe that if it wasn’t a meteorite, then a space ship came down and the aliens took up everyone except me.

I wanted to start screaming for help…Then I thought, no one would know exactly what happened to us all. So, I tip-toed down the rest of the stairs.

When I saw more devastation and how I appeared to blocked in, I had to scream. I started screaming for help, first a low scream…and then louder….

After about a minute and a half I heard a familiar voice calling out asking who was there. It was a Marine. I told him it was Vella, the communications officer from the 2nd floor. I wanted to be as clear as possible, even though I knew the voice. Once I told him exactly where I was, he told me to try to climb over the rubble and look for his hands. I told him I was going to throw up the INMARSAT first and I did.

Read in full here via ADST.

In related news — in Kenya, where over 200 hundred people were killed and more than 4,000 were injured in the embassy blast, victims are now reportedly accusing the Kenyan and US governments of neglecting them.

On July 25, 2014, the U.S. District Court for the District of Columbia entered final judgment on liability under the Foreign Sovereign Immunities Act (“FSIA”) on several related cases—brought by victims of the bombings and their families—against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out the attacks. The combined cases involve over 600 plaintiffs. The awards range from $1.5 million for severe emotional injuries to $7.5 million for severe injuries and permanent impairment. See  U.S. Court Awards Damages to Victims of August 7, 1998 East Africa Embassy Bombings.

To-date, no one has been compensated and the victims are now seeking compensation through the International Criminal Court (ICC).

 

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FSO Dante Paradiso: The Killing of Unarmed Black Men Is Hurting America’s Image Abroad

Posted: 2:42 am ET

Via The Daily Beast by Dante Paradiso, a career Foreign Service Officer, a lawyer, and the great-grandson of a New York City police officer (with standard disclaimer).  Mr. Paradiso is also the author of the book, The Embassy: A Story of War and Diplomacy that will go on sale on October 3, 2016.

… I get that in matters of criminal justice there are larger social justice issues at play, structural inequities of the past still ingrained in the our layered local, state and federal systems that leave us with difficult race, gender and class divides. But life is the cardinal value and change must start there.

For these very reasons, the annual State Department Country Reports on Human Rights, mandated by Congress, highlight “Arbitrary or Unlawful Deprivation of Life” at the very top. Having contributed to many of these reports, in many different countries, I have spent many days in previous assignments listening to the protestations of host country officials. They have told me that their government cannot be held responsible for every bad cop, that the cases are misrepresented, that we are talking about a fraction of the police force and that the actions of a few do not fairly represent the whole picture. As a trained lawyer, I know well that any case can be distinguished on its facts and that nearly every death outside a judicial process can be explained away. Yet as a diplomat, I have told those officials that legal parsing won’t cut it.

So when I see that in a Cleveland park a child with a plastic gun is shot moments after police pull up, or that in the streets of Chicago a 17-year-old is hit with nearly one bullet for every year he lived, or that in Baton Rouge a man is tackled, pinned down by two cops and shot in the chest, after all the shock and the sadness, I inevitably think about how any of these extrajudicial killings would have been described in our Human Rights Report, and the kind of conversations I would have had, if they had occurred in some country other than my own.

Read more:

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D/MR Higginbottom Swears In Mary Beth Leonard, New Ambassador to the African Union

Posted: 2:24 am ET

 

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The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight

Posted: 5:04 am ET

 

FP’s John Hudson recently wrote a profile of the the State Department’s powerful Under Secretary for Management (M). The official spox, John Kirby is quoted in the article, as well as former acting assistant secretary for NEA Beth Jones, and former assistant secretary for CA Janice Jacobs. Just about everyone quoted in the profile, even those with complimentary quips, spoke anonymously to avoid getting into hot water

John Hudson’s profile starts with the line — “In a town infamous for throwing bureaucrats under the bus, Patrick Kennedy’s survival is the stuff of legend.”

Here are some of the quotes extracted from the profile:

“Pat Kennedy is the most powerful guy you’ve never heard of,” said a former diplomat, who like many others spoke on the condition of anonymity to avoid angering the influential government boss.

“The guy has nine lives” a former diplomat said of Kennedy, who has spent more than 40 years at the State Department.

“No one works harder and cares more about the day-to-day management of diplomacy,” said a foreign service officer.

“Pat Kennedy is one of the main gateways to getting an ambassadorship,” said a career foreign service officer. “He comes to people’s aid or demise depending on what they’ve done for him.”

“Like Stalin, his power comes from his understanding and control over the bureaucracy,” said a former State Department official.

“He needs to groom a successor, but he hasn’t done that,” said one foreign service officer.

“He’s an extraordinary public servant and a pillar of this Department,” said State Department spokesman John Kirby.

“Kennedy is the quintessential bureaucrat,” said Rep. Mike Pompeo (R-Kan.).

“When anything happens in the world, someone at the White House is going to call Pat first,” said Beth Jones, the former acting assistant secretary of state for Near East Affairs.

Jones, a longtime Kennedy ally, volunteered during an interview: He knows “where all the bodies are buried.”

“If the next secretary of state asks him to stay on, I bet anything he’ll say yes,” said Jones, a longtime acquaintance of Kennedy and his wife.

“Quite frankly, I’m not sure what Pat would do in retirement. He gives a new definition to the word workaholic,” said Janice Jacobs, a former assistant secretary of state for Consular Affairs and the Department’s current Transparency Coordinator.

Read the entire piece below:

We should add that as of November last year,  U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department. He is apparently 67 years old. That’s two years past the mandatory retirement age for ordinary FSOs.  Sec. 812 of the Foreign Service Act of 1980 does says that “Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated.” So there’s that, save by section (a).

He certainly has admirers and critics, even from readers of this blog. When the Hudson profile  came out, half a dozen folks sent us the link to the FP article.

One complaint we’ve heard is that rather than ask, “what’s good for the mission?”management type folks allegedly say things like “Pat would like that” or “Pat wouldn’t like that!”   A State Department staffer who would only speak on background said that “It’s not healthy for an organization when people associate one man with the organization itself.”

The Under Secretary of State for Management serves as principal adviser to the Secretary and Deputy Secretary on matters relating to the allocation and use of Department of State resources (budget, physical property, and personnel), including planning, the day-to-day administration of the Department, and proposals for institutional reform and modernization. Specific duties, supervisory responsibilities, and assignments have varied over the years according to history.state.gov.  There is no/no other position in Foggy Bottom that has a more significant impact on the day to day lives of employees and family members than the Under Secretary of State for Management.

Since 2009, the State Department was authorized a Deputy Secretary of State for Management and Resources (D/MR), the third highest ranking position at the agency.   Jack L. Lew stayed from January 28, 2009 – November 18, 2010, before moving on to better jobs. Thomas R. Nides was in from January 3, 2011 – February, 2013, then rejoined Morgan Stanley as vice chairman.  Heather Anne Higginbottom joined the State Department in 2013 after a stint at OMB. One or two or all of them may show up again if there is a Clinton White House. Or an entirely new crew will show up if there is a Trump White House. Forgive us for imagining that nightmare (by the way, 121 GOP National Security leaders wrote an open letter in opposition to a Donald Trump presidency).

Michael Singh writing about The Dysfunction Exposed by the Clinton Investigation in the State Department and Beyond notes that “the State Department now has two deputy secretaries instead of one, meaning that resolving the tension between resource constraints and policy priorities is now organizationally the responsibility of the secretary rather than a deputy.” Heh!  The thing is, Secretary Kerry is almost never home and his deputy is also often on the road. You’d think that D/MR would be running the agency, that is, if she, too, is not traveling.  But, you can probably guess who actually runs the building.

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U.S. Secretary of State John Kerry poses for photo at the groundbreaking ceremony for the U.S. Diplomacy Center with former Secretaries of State Henry A. Kissinger, James A. Baker, III, Under Secretary for Management Patrick F. Kennedy, Hillary Rodham Clinton, Madeleine K. Albright, and Colin L. Powell at the U.S. Department of State in Washington, DC on September 3, 2014. [State Department photo/ Public Domain]

Here is a quick timeline of U/S Kennedy’s career with some of the more significant events the State Department confronted through the years:

1973 | Kennedy joined the Foreign Service

1973 – 1993 | he served in a number of positions in Washington and overseas, including as Management Counselor at the Embassy in Cairo and Executive Director and Deputy Executive Secretary of the Executive Secretariat.

1993 – 2001 | he became Assistant Secretary of State for Administration (State/M/A) during President Clinton’s two terms in the White House from 1993-2001.

— concurrently from August 1996 to August 1997 he served as the Acting Under Secretary for Management

— in 1998 he served as Acting Assistant Secretary of State for Diplomatic Security

— from 1997 to 2001, he served as the coordinator for the reorganization of the foreign affairs agencies.

February 2000 | he was nominated as Representative of the U.S.A. to the European Office of the United Nations (Geneva); nomination was not acted upon by the Senate (see)

September 2001 – May 2005 |  he was U.S. Representative to the United Nations for Management and Reform with the Rank of Ambassador.

— During this period he also served from May 2003 to the end of November 2003 as Chief of Staff of the Coalition Provisional Authority (CPA) in Iraq

— From May 2004 to late August 2004 as the Chief of Staff of the Transition Unit in Iraq

February 2005 to April 2005, | he headed the Transition Team that set up the newly created Office of the Director of National Intelligence (ODNI)

April 2005 to May 2007 | he was Deputy Director of National Intelligence for Management (ODNI/M)

May 2007 – November 2007 | he was Director of the Office of Management Policy, Rightsizing, and Innovation (State/M/PRI)

November 2007 | he was appointed Under Secretary of State for Management (M). He was one of the three appointees as “M” in the GWBush tenure, and the first career diplomat. He followed Grant S. Green, Jr. who served in the Bush’s first term under Secretary Powell, and  Henrietta H. Fore, who served from 2005-2007 in the Bush’s second term under Secretary Rice. U/S Kennedy was kept on as “M” during the first Obama term under Secretary Clinton, and continued in the same position under Secretary Kerry.

In November last year, U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department.  Besides Ronald Ian Spiers who served as “M” from 1983–1989, Kennedy would be the only other  Foreign Service Officer appointed to this position.

One of the first incidents that publicly featured U/S Kennedy occurred in November 1993.  Then Secretary of State Warren Christopher dismissed two mid-ranking State Department employees, apparently for their role in searching the personnel files of 160 former Bush Administration officials. The NYTimes named two officials who were political appointees rewarded with State Department jobs for their work in Bill Clinton’s Presidential campaign and the transition to the White House. According to the DPB at that time, the Assistant Secretary for Administration Patrick Kennedy “had immediately taken custody of the cartons of files in  question and had put them in a place where they could be reviewed by the  Inspector General;” within 24 hours reportedly of the initial account appearing in the news.

It’s no wonder that we’ve heard Mr. Kennedy dubbed as the State Department’s Mr. Fix-It.  In October 2007, Mr. Kennedy was also involved in the investigation into the behavior of Blackwater Worldwide following the Nisour Square shooting during Secretary Rice’s tenure (see Ambassador Patrick F. Kennedy on the Report of the Secretary of State’s Panel on Personal Protective Services in Iraq). Diplomatic Security’s Richard Griffin resigned in the wake of that deadly shooting and amidst growing questions about the State Department’s use of private contractors to protect diplomats in Iraq.

In March 2008, the State Department fired two employees and reprimanded a third for improperly opening electronic information from the passport file of then Senator Barack Obama. Mr. Kennedy talked about the unauthorized accessed of Obama passport records of yet another on-the-record briefing.

In September 2009, allegations surfaced via POGO on the shortcomings in Kabul embassy security and in State Department oversight of a guard force supplied by ArmorGroup, North America (AGNA), owned by Wackenhut Services, Inc. U/S Kennedy was once again in Congress on behalf of the State Department.

In October 2012, U/S Kennedy made one of his appearances in Congress concerning the Benghazi attack. See Benghazi Hearing: Looking for Truth Amidst a Partisan Divide, Outing OGA, Zingers.

In August 2013, U/S Kennedy testified in the Bradley Manning case on the release of classified diplomatic cables to the WikiLeaks website.

In June2016, he was deposed in connection with an FOIA litigation related to the Clinton email server. See JW v. @StateDept: Under Secretary Patrick Kennedy’s Testimony (Transcript)

Perhaps, one of the most notable case, in the history of the State Department came in 1998. In 1998, the twin embassy bombings in Nairobi and Dar es Salaam occured; the ARB Report dated January 1999 is online here. Mr. Kennedy who was then the Assistant Secretary for Administration (A) — having relinquished his acting capacity in Diplomatic Security, but nevertheless an authoritative spokesman on issues related to security and the recent bombings in Africa” according to the State Department spokesman — was the point man.

Prior to the attack, in December 1997, the then U.S. ambassador to Nairobi, Prudence Bushnell expressed her concerns over the vulnerability of the embassy. She apparently requested a security assessment team and stated her desire to have a new building. In the DPB of August 14, 1998, the press wanted to know who did Ambassador Bushnell write to express her concerns. Mr. Kennedy’s response at that time is worth noting:

“Bonnie Cohen, the Under Secretary for Management, who would be the Under Secretary that an ambassador would communicate with on something that involved security, logistics, construction, management.”

Bonnie Cohen was a non-career appointee who served as “M” from August 1997 to January 2001 under Madeleine Albright.

In the July 9, 2012 cable (12 TRIPOLI 590), Ambassador Stevens reported that, “Overall security conditions continue to be unpredictable, with large numbers of armed groups and individuals not under control of the central government, and frequent clashes in Tripoli and other major population centers.” The cable requested continued TDY security support for an additional 60 days, through mid-September 2012. The request also said that 13 security personnel would be the “minimum” needed for “transportation security and incident response capability.”

In his on-the-record briefing following the Benghazi attack, U/S Kennedy said:

I’ve been confirmed, I think, three or four times. Every time you’re confirmed, you tell the Congress that you will appear before the Congress for hearings. I regard it as both an honor and a privilege to be called. The Legislative Branch of the U.S. Government is incredibly important, and it is my job as a confirmed official to appear before them. They had a lot of questions. We answered lots of their questions. I regard that as my job.

That’s after a long grilling in Congress.

We came up with a bureaucrat’s motto — always willing and ready, and never, ever show an angry face.

What remains striking to us is that one assistant secretary, and three DASes, including one from the NEA bureau with no direct security responsibility for Benghazi was where “the rubber hits the road.”  

Inside Harry S. Truman’s building, named after the president noted for his motto, the buck stops here, it seems that the buck stopped everywhere and nowhere.

Ah — bonus email from Senator BAM of Maryland, the longest-serving woman in the history of the United States Congress via the email dump at foia.state.gov:

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Mark Toner’s Last Briefing Before Vacation: We Can’t Stop Watching!

Posted: 4:40 am ET

 

We’re guessing the State Department’s deputy spox was already thinking of vacation when he did his briefing on Thursday.  Still he was not on the beach yet, but on the podium when this happened.

Transcript via DPB, August 4, 2016:

MR TONER: Hi guys. Happy Thursday.
QUESTION: Thank you.
MR TONER: And what makes it even more special is it’s a Thursday in August, which means tomorrow – everybody want to join with me?
QUESTION: No briefing —
MR TONER: True to our tradition, there will be – thank you, Matt – no briefing.
QUESTION: There will be one.
MR TONER: What was that, Said?
QUESTION: There will be a briefing. An old one.
MR TONER: An old briefing. (Laughter.) Anyway, welcome to the State Department. I think we have some interns in the back. Welcome. Good to see you in this exercise in transparency in democracy. (Laughter.)
QUESTION: Is that what it is? (Laughter.) I thought it was a —
MR TONER: Sorry, I didn’t mean to break out in laughter. (Laughter.)
QUESTION: I thought it was an exercise in spin and obfuscation.
MR TONER: All right. Can you tell this is my last briefing before vacation?

Folks, he needs that vacation, so give him a break, hookay?

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FS Efficiency Report 1958: Short and Sweet, Plus This FSO’s Wife “Manages a Pleasant Home”

Posted: 2:56 am ET

The following is an extract from a 1958 efficiency report. The work statement is short, the rating scheme is 1-6, and the comments and recommendations … well, you can see a sampling below:

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PART VI – Comprehensive Comments and Recommendations

Selection boards consistently report the narrative section of the efficiency report to be by far the most important part of the report. In justice to the rated officer, the rating officer must strive to develop the narrative section in such a manner that a picture of the whole officer will emerge, a picture that will enable selection board members to make accurate competitive evaluations with other officers of the class. Statements of praise or criticism should reflect sincere, considered and fair judgments. Cite specific examples to justify your observations. Point up particular strengths and limitations. Any relatively high or low markings in Parts I, II, or III should be justified by concrete illustrations in this section.

Discuss each of the topics below which are pertinent to the officer, typing as a key word or phrase before each section the word or phrase appearing in CAPS.

A. PERSONAL. This officer’s ability for research, summarization and his capacity for hard work are reflected in his political reporting. He works well with others, however, he is a perfectionist in assessing his own work and tends to apply this personal standard to others.

B. PERFORMANCE. Using the wide background knowledge and his professional skill as an educator, [snip] reports are reliable and distinctive.

D. PHYSICAL. He has adjusted to India’s climatic conditions and has shown ability to work under pressure. His general health is excellent.

F. COURAGE. Not observed.

F. REPRESENTATION. This officer is an excellent speaker and uses facts, logic and humor to hold his listeners. He has made good and lasting contacts in this area.

H. FAMILY. The wife of this officer is an agreeable and well-adjusted person. She is popular in the American community as well as other groups with whom she comes in contact. She manages a pleasant home.

Q. REACTION. Performance has not been discussed with this officer.

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EEOC Case: FS Candidate Wins Disability Discrimination Case, Sinks For Selective Service Registration Fail

Posted: 4:32 am ET

Via eeoc.gov:

On March 9, 2004, Complainant filed a formal complaint alleging that he was subjected to disability discrimination when he was denied an appointment to a Junior Officer position with the Foreign Service.  After an investigation, the Agency issued a final decision finding no discrimination, and Complainant appealed.  In our prior decision, we found the Agency discriminated against him when it failed to grant him a medical clearance based on its “worldwide availability” requirement.  Bitsas v. U.S. Department of State, EEOC Appeal No. 0120051657 (Sept. 30, 2009).  As relief, we ordered the Agency to retroactively offer Complainant a Junior Officer position, and to tender back pay and promotions from the date Complainant would have encumbered his position, absent discrimination, until the date he either enters on duty or is denied a medical or security clearance.  We further ordered the Agency to undertake a supplemental investigation into complainant’s entitlement to compensatory damages, provide training, consider taking disciplinary action, and post a notice of the finding of discrimination.  Id.

Pursuant to our order, on November 10, 2009, the Agency sent Complainant a Conditional Offer of Appointment to a Junior Officer position, contingent on the satisfactory completion of the security, medical, and suitability clearance processes.  On January 1, 2010, Complainant received a Class 1 Medical Clearance.  However, on July 16, 2010, the Agency’s Final Review Panel (FRP) terminated Complainant’s candidacy based on suitability grounds.

The FRP concluded that, pursuant to 5 U.S.C. § 3328, Complainant was ineligible for federal Executive branch employment because he failed to register with the Selective Service System (SSS).  The Panel also concluded that there were several instances of misconduct in Complainant’s prior employment which rendered him ineligible for employment with the Foreign Service.  Complainant appealed this decision, but on December 8, 2010, the Office of Personnel Management (OPM) determined that Complainant’s failure to register with the SSS was knowing and/or willful; thus, he was ineligible for appointment to an Executive Agency.  Complainant sought a request for reconsideration with the OPM, which was denied.

In the meantime, Complainant sent the Agency information regarding his entitlement to compensatory damages.  On April 11, 2012, the Agency issued a final decision denying compensatory damages, reasoning that the FRP’s suitability finding would have resulted in the withdrawal of his conditional offer of employment, even if he had been granted a medical clearance for worldwide availability.  Accordingly, the Agency determined complainant was not entitled to any compensatory damages.
[…]

The Agency is ordered to take the following remedial action:

1. The Agency shall determine the appropriate amount of back pay, with interest, and other benefits due Complainant, pursuant to 29 C.F.R. § 1614.501, no later than one hundred and twenty (120) calendar days after the date this decision becomes final.  The back pay period shall be from September 23, 2003 until the date the Agency discovered Complainant had not registered with the SSS, approximately July 16, 2010.  The Complainant shall cooperate in the Agency’s efforts to compute the amount of back pay and benefits due, and shall provide all relevant information requested by the Agency.  If there is a dispute regarding the exact amount of back pay and/or benefits, the Agency shall issue a check to the Complainant for the undisputed amount within sixty (60) calendar days of the date the Agency determines the amount it believes to be due.  The Complainant may petition for enforcement or clarification of the amount in dispute.  The petition for clarification or enforcement must be filed with the Compliance Officer, at the address referenced in the statement entitled “Implementation of the Commission’s Decision.”

2. Within one hundred and twenty (120) calendar days, the Agency shall undertake a supplemental investigation to determine Complainant’s entitlement to compensatory damages under Title VII. The Agency shall give Complainant notice of his right to submit objective evidence (pursuant to the guidance given in Carle v. Department of the Navy, EEOC Appeal No. 01922369 (January 5, 1993)) and request objective evidence from Complainant in support of his request for compensatory damages within forty-five (45) calendar days of the date Complainant receives the Agency’s notice.  No later than ninety (90) calendar days after the date that this decision becomes final, the Agency shall issue a final Agency decision addressing the issue of compensatory damages.  The final decision shall contain appeal rights to the Commission. The Agency shall submit a copy of the final decision to the Compliance Officer at the address set forth below.

3. The Agency shall pay Complainant’s reasonable attorney fees in accordance with the paragraph below.

4. The Agency is further directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the Agency’s calculation of back pay and other benefits due Complainant, including evidence that the corrective action has been implemented.

See why. Read Harvey D. v. Department of State, EEOC Appeal No.0120122385 (Oct. 22, 2015) http://www.eeoc.gov/decisions/0120122385.txt

Under current law, all male U.S. citizens between 18–25 years are required to register with Selective Service within 30 days of their 18th birthday. Non-U.S.-citizen males between the ages of 18 and 25 (inclusive) living in the United States must also register. See the Who Must Register chart here.

 

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Senate Confirmations: Hall, Silverman, Perez, Pyatt, Silliman, Yovanovitch

Posted: 1:57 am ET

On July 14, the U.S. Senate confirmed the following executive nominations

2016-07-14 PN1264 Lithuania Anne Hall, of Maine, 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 Lithuania.

2016-07-14 PN1374 Kuwait | Lawrence Robert Silverman, of Massachusetts, 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 State of Kuwait.

2016-07-14 PN1423 Chile | Carol Z. Perez, 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 Chile.

2016-07-14 PN1491 Greece | Geoffrey R. Pyatt, 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 Greece.

2016-07-14 PN1492 Iraq | Douglas Alan Silliman, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.

2016-07-14 PN1493 Ukraine | Marie L. Yovanovitch, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ukraine.

The following nominees remain pending on the Senate’s Executive Calendar:

STATE DEPARTMENT

Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources), vice John Stern Wolf.  Mar 10, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Peter Michael McKinley, 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 Federative Republic of Brazil.  Jul 14, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

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.  Jun 23, 2016 Placed on the Calendar pursuant to S.Res. 116, 112th Congress.

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. Jun 10, 2016 Placed on the Calendar pursuant to S.Res. 116, 112th Congress.

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.  Mar 10, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

INTERNATIONAL MONETARY FUND

Janet L. Yellen, of California, to be United States Alternate Governor of the International Monetary Fund for a term of five years, vice Ben S. Bernanke, term expired.  Jun 25, 2015 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

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