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Is Foggy Bottom’s T-Rex as Stealthy and Cunning as His Theropod Namesake?

Posted: 1:42 pm  ET
Updated 5:18 pm ET

 

On February 16, we reported that State Department Counselor Kristie Kenney was let go by the new Trump Administration (see Secretary Tillerson Travels to Germany For G-20, Also @StateDept Counselor Steps Down).  On February 17, CBS News reported that “Much of seventh-floor staff, who work for the Deputy Secretary of State for Management and Resources and the Counselor offices, were told today that their services were no longer needed.”

Since 2009, the State Department has been 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. After a stint at OMB, Heather Anne Higginbottom served the State Department from 2013-2017.  This is an eight year old position, and while it may be worrisome for some if this position is not filled, the State Department managed for a long time without this position, and it can do so again. We are more concerned on who will be appointed as Under Secretary for Management and that he/she has a depth in experience  not only in management but in the many challenges of overseas assignments.

Regarding the position of Counselor, according to history.state.gov, the Secretary of State created the position for the Department of State in 1909 as part of a general Department reorganization. In 1912, the position became a Presidential appointment (37 Stat. 372). Between 1913 and 1919, the Counselor served as the Department’s second-ranking officer, assuming the role previously exercised by the Assistant Secretary of State. In 1919, the newly-created position of Under Secretary of State subsumed the duties of the Counselor. An Act of Congress, May 18, 1937, re-established the position of Counselor of the Department of State (50 Stat. 169). Between 1961 and 1965, the Counselor also served as the Chairman of the Policy Planning Council. The Counselor, who currently under law holds rank equivalent to an Under Secretary of State (P.L. 98-164; 97 Stat. 1017), serves as an adviser to the Secretary of State. The Counselor’s specific responsibilities have varied over time.  The Counselor position is one of the top nine senior positions at the State Department, and the only one that does not require Senate confirmation.

Reports of “layoffs” and particularly “bloodbath” in the 7th Floor are a tad hyperbolic. If the Trump administration has decided not to fill the D/MR and C offices, we imagine that the top positions would remain vacant and the supporting jobs could be eliminated.  All political appointees were gone by January 20, so the remaining staffers who were reportedly laid off are career employees. We expect that Civil Service employees have to find other positions within the organization, while Foreign Service employees have to “bid” for other available positions domestically or overseas.

We’ll have to watch and see how many offices will now remain unfilled, and how many positions will be eliminated. The results may give us a rough look on what the State Department and the Foreign Service will look like in the years to come. With less positions available to fill, we may be looking at a possibility of hiring at less than attrition, with no new positions; something that old timers are familiar with.  We’ll have to revisit this topic at some future time, but for now, just filling in vacant positions within the State Department appears to be a clear challenge with no immediate end in sight.

Back in December, we wondered in this blog if Secretary Tillerson will be able to pick his own deputies (see Will Rex #Tillerson Gets to Pick His Deputies For the State Department? Now we know. On February 10, NYT reported that President Trump overruled Secretary Tillerson and rejected Elliott Abrams for deputy secretary of state.  Apparently, Abrams could not get past White House’s vetting not over his record of withholding information from Congress in the Iran-Contra Scandal but  over Abram’s past criticisms of then candidate Trump. On February 15, we also wrote about the dust-up between Secretary Tillerson and WH chief of staff Rience Priebus on ambassadorships (see Tillerson/Priebus Standoff on Ambassadorships, Plus Rumored Names/Posts (Updated). On February 16, Politico reported that the White House interviewed Fox’s Heather Nauert to be Secretary Tillerson’s spokesperson while he was out of the country.

A recent CNN report notes that after Tillerson took the helm at the State Department, “there has been little in the way of communication about Foggy Bottom’s priorities, schedules or policies.” A former State Department official told CNN, “It’s possible Tillerson is keeping his powder dry so he doesn’t make enemies prematurely.” Also below:

The official said Cabinet members can try to sway an undecided president by speaking publicly — a path Defense Secretary James Mattis has taken in stating his support for NATO and opposition to torture — or they can keep quiet to see which way the wind blows. They can also try to get the President’s ear and confidence by taking a lower profile.
But the official warned, “If you’re not clearly drawing your line on an issue, no one is going to respect it.”

If Secretary Tillerson does not even get a say on who will be his deputies, his spokesperson, or who will be appointed ambassadors (who by the way, report to the State Department and not the White House), folks will soon start wondering what kind of influence does he actually have? Should foreign governments bother with America’s diplomatic service or should they just tweet at the White House or at America’s tweeter-in-chief?  Of course, Secretary Tillerson has only been on the job less than a month. We’ll have to wait and see if Foggy Bottom’s T-Rex is as stealthy and cunning as his theropod namesake given that Trump’s chaotic White House is as fine tuned machine as CEO John Hammond’s Jurassic Park.

Note that Secretary Tillerson recently picked Margaret Peterlin as his chief of staff.  Peterlin had Hill and federal government experience.  She was previously National Security Advisor for the Speaker of the U.S. House of Representatives, J. Dennis Hastert, and served as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the Commerce Department’s United States Patent and Trademark Office (USPTO) under Bush43.

The following is not an exhaustive list of all offices at the State Department. We did not come up with this list which appears on state.gov here under Alphabetical List of Bureaus and Offices, and includes positions that require/do not require Senate confirmation. With the exception of IRM, CIO, CoS, and  S/ES (do not require senate confirmations), all offices/names in blue, bold font have been confirmed by the U.S. Senate (regular blue font indicates appointment without Senate confirmation). R, PM and CT (red, bold font) have been designated acting officials prior to the change of administration. Regular red font are offices/names of officials serving in their acting capacity or delegated authority as one January 20.  The bottom part of the list is based on Alphabetical List of Bureaus and Offices from state.gov where we have only the organization directory to refer to, and are not sure if the office holders are current.

 

Secretary of State (S) Rex Tillerson
Chief of Staff (CoS)  Margaret J Peterlin
Deputy Secretary (D) Thomas A. Shannon, Jr. (Acting Deputy)
Deputy Secretary for Management and Resources (DMR)  may not be filled (see)
Counselor of the Department (C)  may not be filled (see)

UNDER SECRETARY FOR:

Arms Control and International Security (T)
Civilian Security, Democracy, and Human Rights (J)
Economic Growth, Energy, and Environment (E)
Management (M) John W. Hutchison (Acting 120 days)
Political Affairs (P) Thomas A. Shannon, Jr.
Public Diplomacy and Public Affairs (R) Bruce Wharton (Acting U/S)

 

GEOGRAPHIC BUREAUS:

African Affairs (AF)  Assistant Secretary Linda Thomas-Greenfield
European and Eurasian Affairs (EUR) John A. Heffern (Acting Asst Secretary)
East Asian and Pacific Affairs (EAP) Assistant Secretary Daniel R. Russel
International Organization Affairs (IO) Tracey Ann Jacobson (Acting Asst Secretary)
Near Eastern Affairs (NEA) Stuart E. Jones (Acting Asst Secretary)
South and Central Asian Affairs (SCA) William E. Todd (Acting Asst Secretary)
Western Hemisphere Affairs (WHA) Francisco Palmieri (Acting Asst Secretary)

FUNCTIONAL BUREAUS AND OFFICES:

Administration (A) Harry Mahar (Acting Asst Secretary)
Arms Control, Verification and Compliance (AVC) Anita E. Friedt (Acting Asst Secretary)
Chief Information Officer (CIO) Frontis B. Wiggins, III
Conflict and Stabilization Operations (CSO) Tom Hushek (Acting Asst Secretary)
Consular Affairs (CA) David T. Donahue (Acting Asst Secretary)
Counterterrorism (CT) Justin Siberell (Acting Coordinator)
Democracy, Human Rights, and Labor (DRL) Virginia L. Bennett (Acting Asst Secretary)
Department Spokesperson Mark Toner (Acting)
Diplomatic Security (DS) Bill A. Miller (Acting Asst Secretary)
Director General of the Foreign Service and Director of Human Resources (DGHR) Arnold Chacon
Economic and Business Affairs (EB) Patricia Haslach (Acting Asst Secretary)
Educational and Cultural Affairs (ECA) Mark Taplin (Acting Asst Secretary)
Energy Resources (ENR) Mary B Warlick (Acting Coordinator)
Executive Secretariat (S/ES)  Ambassador Joseph E. Macmanus

Foreign Missions (OFM) Cliff Seagroves (Acting Director)
Human Resources (DGHR) Arnold Chacon
Information Resource Management (IRM) CIO Frontis B. Wiggins, III
Inspector General (OIG) Steve Linick
International Information Programs (IIP)  Jonathan Henick
International Security and Nonproliferation (ISN) Eliot Kang (Acting Asst Secretary)
Legal Adviser (L) Richard Visek (Acting)
Legislative Affairs (H) Ambassador Joseph E. Macmanus (Acting Asst Secretary)
Mission to the United Nations (USUN) Ambassador Nikki Haley
Oceans and International Environmental and Scientific Affairs(OES) Judith G. Garber (Acting Asst Secretary)
Overseas Buildings Operations (OBO) William H. Moser (Acting Director)

Political-Military Affairs (PM) Tina S. Kaidanow (Acting Asst Secretary)
Population, Refugees, and Migration (PRM) Simon Henshaw (Acting Asst Secretary)
Public Affairs (PA) Susan Stevenson (Acting Asst Secretary)
White House Liaison (M/WHL) Robert Wasinger

The following remaining offices are from the full state.gov list here and individuals encumbering these positions are listed in the current official phone directory. Note that this is not 100% reliable.  The directory dated 2/17/2017 still lists David McKean as S/P director. McKean was appointed US Ambassador to Luxembourg  in March 2016, he departed from that position on January 20, 2017 so this specific entry for S/P is twice outdated.

Allowances (A/OPR/ALS) Cheryl N. Johnson
Budget and Planning (BP) Douglas A. Pitkin
Center for Strategic Counterterrorism Communications (CSCC) Michael D Lumpkin
Chief Economist, of the Department –??
Civil Rights, Office of – John M. Robinson
Comptroller and Global Financial Services (CGFS) Christopher H. Flaggs
Diplomatic Reception Rooms (M/FA) Marcee F. Craighill
Foreign Assistance (F)
Foreign Service Institute (FSI) Director Nancy McEldowney
Global AIDS Coordinator (S/GAC)
Global Criminal Justice (GCJ)
Global Food Security (S/GFS)
Global Women’s Issues (S/GWI)
Global Youth Issues (GYI)
Intelligence and Research (INR) Assistant Secretary Daniel B. Smith
International Narcotics and Law Enforcement Affairs (INL) Assistant Secretary William R. Brownfield
Management Policy, Rightsizing and Innovation (PRI) Director Paul A Wedderien
Medical Services (MED) Medical Director Charles H. Rosenfarb, M.D.
Office of Terrorism Finance and Economic Sanctions Policy –  Sandra Oudkirk?
Ombudsman, Office of – Shireen Dodson
Policy, Planning, and Resources for Public Diplomacy and Public Affairs (PPR) Roxanne J Cabral
Policy Planning Staff (S/P) David McKean ???
Protocol (S/CPR)  Rosemarie Pauli (Acting Chief)
Quadrennial Diplomacy and Development Review (QDDR) Kathryn Schalow
Science & Technology Adviser (STAS)
Trafficking in Persons (TIP) Ambassador Susan Coppedge

 

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That #SwedenIncident 😧–America First, Sweden Second–Listen, But Don’t ‘Bomb Ikea’

Posted: 2:19 am  ET

 

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Inbox: Another example of top-notch FSI communications strategy?

Posted: 12:57 am  ET

 

We received the following in our inbox on Friday, February 4, 2017:

“Rumor is spreading like wildfire that on Friday afternoon at an administrative staff meeting FSI language school management announced that all language immersion trips planned for this spring would be cancelled. No one has yet bothered to tell the students or teachers who have already purchased non-refundable airline tickets for trips that have been planned and approved by language division supervisors since last year. The cancellations seems to be based on lack of FSI funds to pay per diem to accompanying teachers, but it is not clear whether students will still be permitted to travel on self-directed immersion trips. Some students are frantically trying to get flights and hotels refunded under travel insurance policies, but this is not likely to be a covered circumstance.

Another example of top-notch FSI communications strategy. No one has bothered to tell the affected parties, but half the administrative staff at FSI heard about it.”

really_cdn

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White House Issues Clean-Up Memo For Trump Ban to Exempt Green Card Holders

Posted: 1:09  am ET

 

On February 1, White Counsel Donald F. McGahn II released a memo intended to provide “Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017).”

Section 3(c) of the Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) suspends for 90 days the entry into the United States of certain aliens from countries referred to in section 217(a)(12) of the Immigration and Nationality Act (INA), 8 U.S.C. 1187(a)(12). Section 3(e) of the order directs the Secretary of Homeland Security, in consultation with the Secretary of State, to submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of certain foreign nationals from countries that do not provide information needed to adjudicate visas, admissions, or other benefits under the INA.

I understand that there has been reasonable uncertainty about whether those provisions apply to lawful permanent residents of the United States. Accordingly, to remove any confusion, I now clarify that Sections 3(c) and 3(e) do not apply to such individuals. Please immediately convey this interpretive guidance to all individuals responsible for the administration and implementation of the Executive Order.

The EO clearly states  “I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants.”  So the EO drafters had to idea what are green card holders? Or they just want to tame the blowback right now.

Here is Section 3 (c):

(c)  To temporarily reduce investigative burdens on
relevant agencies during the review period described in
subsection (a) of this section, to ensure the proper review
and maximum utilization of available resources for the
screening of foreign nationals, and to ensure that adequate
standards are established to prevent infiltration by foreign
terrorists or criminals, pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant
and nonimmigrant entry into the United States of aliens from
countries referred to in section 217(a)(12) of the INA, 8
U.S.C. 1187(a)(12), would be detrimental to the interests of
the United States, and I hereby suspend entry into the United
States, as immigrants and nonimmigrants, of such persons for
90 days from the date of this order (excluding those foreign
nationals traveling on diplomatic visas, North Atlantic Treaty
Organization visas, C-2 visas for travel to the United
Nations, and G-1, G-2, G-3, and G-4 visas).

Here is Section 3 (e)

(e)  After the 60-day period described in subsection (d)
of this section expires, the Secretary of Homeland Security,
in consultation with the Secretary of State, shall submit to
the President a list of countries recommended for inclusion on
a Presidential proclamation that would prohibit the entry of
foreign nationals (excluding those foreign nationals traveling
on diplomatic visas, North Atlantic Treaty Organization visas,
C-2 visas for travel to the United Nations, and G-1, G-2, G-3,
and G-4 visas) from countries that do not provide the
information requested pursuant to subsection (d) of this
section until compliance occurs.

The full WH memo is here:

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Trump EO Results in Provisional Revocations of Valid Visas, Chaos For Dual Nationals

Posted: 1:38 am ET

 

On January 27, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

Urgent Notice

The State Department issued an urgent notice on January 27:

Per the Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals signed on January 27, 2017, visa issuance to nationals of the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen has been suspended effective immediately until further notification. If you are a citizen of one of these countries, please do not schedule a visa appointment or pay any visa fees at this time. If you already have an appointment scheduled, please DO NOT ATTEND. You will not be permitted entry to the Embassy/Consulate. We will announce any other changes affecting travelers to the United States as soon as that information is available.

Provisional Revocations

It appears that not only has the U.S. Government suspended the entry and processing of visas for this seven Muslim-majority countries, it also made the State Department “provisionally revoked” (with exceptions) the valid visas issued to citizens from these seven countries. If the travel ban is lifted after 90 days, the rules allow for the reinstatement of visas, presumably with whatever “extreme vetting” the government will have in place by then.

Provisional revocation via the Federal Register:

In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

Questions for the State Department

We asked the State Department how the EO affects dual-nationals, green card holders and travelers from these seven countries.  We also asked previously if travelers issued visas on the day the EO was issued now expect that those visas no longer have validity. We wanted to know if consular posts are canceling all visa appointments/refunding all visa application fees from applicants in the affected countries. We requested an estimate of how many applicants were in the pipeline when the ban took effect.

We get to ask our questions but we don’t always get the response we need. For travelers who are nationals/dual-nationals of the seven countries, a State Department official speaking on background offered the following:

Beginning January 27, 2017, travelers who have nationality or dual nationality of one of these countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] will not be permitted for 90 days to enter the United States or be issued an immigrant or nonimmigrant visa.

Those nationals or dual nationals holding valid immigrant or nonimmigrant visas will not be permitted to enter the United States during this period. Visa interviews will generally not be scheduled for nationals of these countries during this period.

So the suspension affects not only the entry to the U.S. but also the issuance of immigrant (green card) and nonimmigrant (temporary) visas. An SBU cable reportedly went out to all posts last Saturday explaining the executive order.  The State Department official says, “As we would for any operational change, we communicated instructions to our consulates in affected countries and around the world.”

The State Department official cites an exception to the ban on a “case-by-case” basis and when “in the national interest.”

The Department of Homeland Security and Department of State may, on a case-by-case basis, and when in the national interest, issue visas or allow entry to nationals of countries for which visas and entry are otherwise blocked under this Executive Order.

Asked specifically about dual-nationals, the State Department official only notes about dual-national Americans:

This Executive Order should not affect dual-nationality Americans at all. U.S. citizens (although they might also have another nationality) are required to use their U.S. passport when entering and departing the United States. They do not receive visas or enter the U.S. as a foreign national, so this Executive Order does not apply to them.

The EO clearly does not apply to American citizens but it appears to be a different story in our airport terminals:

We also asked the State Department about third country dual nationals with the seven countries, for instance Canadian-Iranians or British-Iraqi citizens.  The State Department directed us to check with Homeland Security. As of this writing, we have not heard a response. Meanwhile, the chaos continue.

Israeli Dual Nationals With Seven Restricted Countries

The US Embassy in Tel Aviv posted the following message which contradicts the information we received from the State Department on dual nationals:

Travelers with an existing valid visa in their Israeli passport may travel to the United States, even if they are also a national of or born in one of the seven restricted countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). Embassy Tel Aviv will continue to process visa applications and issue visas to eligible visa applicants who apply with an Israeli passport, even if born in, or a dual national of, one of the seven restricted countries. Final authorization to enter the United States is always determined at the port of entry.

 

UK Dual Nationals With Seven Restricted Countries

The US Embassy in London said that “Dual nationals of the United Kingdom and one of these countries are exempt from the Executive Order when travelling on a valid United Kingdom passport and U.S. visa.” But the UKFCO has additional guidelines that seems to indicate point of origin as a factor, too, which adds to more confusion:

  • the Presidential executive order only applies to individuals travelling from one of the 7 named countries
  • if you are travelling to the US from anywhere other than one of those countries (for instance, the UK) the executive order does not apply to you and you will experience no extra checks regardless of your nationality or your place of birth
  • if you are a UK national who happens to be travelling from one of those countries to the US, then the order does not apply to you – even if you were born in one of those countries
  • if you are a dual citizen of one of those countries travelling to the US from OUTSIDE those countries then the order does not apply to you
  • The only dual nationals who might have extra checks are those coming from one of the 7 countries themselves – for example a UK-Libya dual national coming from Libya to the US.

Canadian Dual Nationals With Seven Restricted Countries

Media reports citing DHS and the State Department says that dual nationals with the seven countries will be refused entry. This is the same thing we were told.   Meanwhile, the Canadian Ambassador to the US said exactly the opposite. Canadian PM Justin Trudeau on Twitter also release a statement citing confirmation from NSA Mike Flynn that Canadian citizens including dual citizens will not be affected by the ban.

Welcome to big time confusion and chaos!

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Trump’s New Liaison to Hill Conservatives: ‘Go after the State Department folks, too … Let’s go after the Foreign Service”

Posted: 3:35 am ET

 

“Go after the State Department folks too. Everybody talks about the civil service domestically, but no one talks about the Foreign Service. Let’s go after the Foreign Service.”

–Paul Teller
Trump Liaison to Congressional Conservatives
William F. Buckley Jr. Council – November 2016

 

Full talk via vox.com, at 27 min mark: https://soundcloud.com/cnp-786867471/william-f-buckley-jr-council-november-2016

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Trump Travel Ban: Rudy Tells the “Whole Story”, Plus Reactions and Fall Out

Posted: 2:09 am ET

 

On January 27, 2017, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

We’ve seen folks on social media get confused about this. So let’s try this.  There are 38 countries designated as Visa Waiver Program (VWP) countries; citizens or nationals of these 38 countries are currently eligible to travel to the United States without a visa. However, if either of the following is true, travelers will no longer be eligible to travel to the U.S. without a visa. Instead, individuals in the following categories will have to apply for a visa using the regular appointment process at a U.S. Embassy or Consulate.

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

The Trump EO banning entry and issuance of immigrant and nonimmigrant visas for 90 days uses these same seven countries.  Note that citizens from these seven countries have not been banned from visa applications or entry to the United States previously. Citizens from 38 visa waiver countries who previously traveled to these seven Muslim-majority countries were not allowed to use the waiver and must submit for an interview with a consular officer at an embassy or consulate overseas.

Since it appears that DOD Secretary Mattis and DHS Secretary Kelly were out of the loop on this, would it be totally shocking if no input was asked from the State Department? No?  Interagency cooperation is just the White House now? On the day President Trump was preparing to sign this EO, our embassies and consular posts worldwide were still issuing visas;  all official, and valid but no longer acceptable at ports of entry as soon as the executive order took effect.

Here’s Rudddddddy with a backgrounder.

Reaction round-up below:

 

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Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Posted: 8:20 pm ET

 

As of 8:06 pm ET, January 29, the Trump Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] for 90 still has to show up on the White House website. A copy is available from the LA Times here,  but we are reposting it below in full text for easy reference:

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

January 27, 2017

EXECUTIVE ORDER

PROTECTING the Nation from Foreign Terrorist Entry into the United States

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1 . Purpose . The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec . 2 . Policy . It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec . 3 . Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern

(a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(d)  Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e)  After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f)  At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g)  Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h)  The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec . 4 . Implementing Uniform Screening Standards for All Immigration Programs

(a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec . 5 . Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017

(a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b)  Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.  Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f)  The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.

(g)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec . 6 . Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility

The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec . 7 . Expedited Completion of the Biometric Entry-Exit Tracking System

(a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section.  The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order.  Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec . 9 . Visa Validity Reciprocity

The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec . 10 . Transparency and Data Collection

(a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i)   information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to aterrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii)  information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later;

and

 (iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

 (b)  The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec . 11 . General Provisions

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

DONALD J. TRUMP

THE WHITE HOUSE,

January 27, 2017.

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@StateDept Sends Out Job Offers to Prospective FSOs For March 6 Class But — Will There Be Jobs?

Posted: 3:47 am ET
Updated: 1:03 am ET
Updated: 7:12 pm ET

 

The most popular topic in the State Department’s career forum right now is Mgt non-authorization of appointment letter?  Candidates for appointment into the Foreign Service are roiled at the possibility that the next classes for new officers and specialists will be postponed or cancelled after they have already prepared to move to DC.  One commenter writes, “We signed attendance letters and received confirmation that we are in the March class. We signed paperwork with Oakwood for housing.”  Another adds,  “Have resigned from my job and given my apartment notice of our leaving. I also turned down another job offer in December.” Still another candidate writes, “[A]m about to go from a good, full-time job to being unemployed because of this lack of transparency and foresight. For my family’s sake, I’m trying not to show how terrified I am that we will potentially be without income and a roof over our heads.”  And yet another says, “I am not sure how future language and caveats helps those who will soon be unemployed and homeless.”

Last week, we asked the State Department about this issue, requesting some clarity on what is going on regarding the offers that went out, the classes scheduled to start, and whether or not cancellation of classes is a possibility/offers rescinded given the change in administration.

We received a four-word response from State/HR:  “We have no comment.”

We tried DGHR Arnold Chacon on Twitter, but it appears he was deaf to our question on this matter.

As best we could tell, in late November-early December, the State Department sent out appointment offers to Foreign Service applicants who have jumped through the hoops to join the incoming 190th A-100 Generalist Class, due to begin March 6. We understand that similar offers went out for the next Specialist Class due to start in March 20.

For the Generalist/FSO class, the job offer recipients were asked to notify the Registrar’s Office of their response to the job offer, via email, no later than noon, Friday, Dec. 2nd.  They were also asked to provide documentation of their annual base salarysubmission of 90 days’ worth of earnings and leave/salary statements, or a signed letter from your Human Resources Division, on the company’s letterhead, verifying the candidate’s current (base) salary.  Candidates who are current federal employees were asked to provide their most recent personnel action (SF-50), in lieu of 90 days’ worth of earnings and leave statements.   Candidates transferring from a federal agency, were asked to provide the Registrar’s Office with the name, email address and telephone number of their Human Resources Officer, so that their “transfer and a release date can be coordinated without a break in service.”

Recipients of the offers were informed that they need to provide via fax or email an updated resume with eight specific details including address, telephone number, email address, eligible family members and confirmation that this is the address from which you are traveling to attend Generalist training; please include your confirmed address, telephone number and current email address on your resume” to the Registrar’s Office. 
The candidates were reminded that if they are appointed from 50 miles outside of the Washington, D.C. metropolitan area, they are eligible to receive per diem to assist in offsetting living expenses incurred while attending training. They were given the per diem rates from March-September 2017. The letter informed the candidates that during the first week of orientation, they will have an opportunity to apply for a Government Travel Card via Citibank. Also that candidates must submit a travel voucher every 30 calendar days to receive reimbursement for their lodging and meals and incidental expenses (M&IE).   They were informed that lodging receipts are required.  The candidates were further reminded not to purchase their own tickets as they will be issued travel authorizations approximately 30 days prior to the class date.
 

They were provided information about lodging and information on specific needs such as lactation services:

The Department entered into a contract with housing vendors to provide apartments at various locations in the Washington, D.C. area for eligible employees receiving a travel authorization to attend Generalist training at FSI. Participating employees will not be responsible for paying for housing costs which can result in savings of many thousands of dollars over the course of the training period. Participants will still receive the meals and incidental expense portion of the per diem allowance on the sliding scale listed above. We strongly encourage all new employees to take advantage of this program not only because of the cost savings, but because of the convenience of making reservations, free transportation to and from FSI, and to avoid the many legal and contractual pitfalls encountered when finding your own housing. 

 If you are a candidate that will require lactation services during the orientation period, please advise as soon as possible so that arrangements can be made.

They were directed what to do/where to go on their first day of processing: 

Please note that the first day of Generalist In-Processing will be held in the Harry S. Truman (Main State), 2201 C Street, N.W, Washington, D.C. (Loy Henderson Auditorium, 23rd Street entrance only) and the remainder of the Generalist Orientation, will be held at the George Shultz National Foreign Affairs Training Center, 4000 Arlington Boulevard, Arlington, Virginia, Room F-2328.   (Please enter via the 23rd Street entrance only.   Please do not enter via the Department’s 22nd  and C Street, N.W., Washington, D.C., Main Entrance. )

They were informed that the priority of the Registrar’s Office is the processing of the January 9th Generalist Class.   And that their “patience and understanding are greatly appreciated.”

The appointment offer we reviewed includes links and contact info. It does not include a contingency language about not making “lifestyle changes.”  If you receive one of these letters, you probably would also start making arrangements to terminate current employment, leases, etc, in preparation for a new start as an entry level U.S. diplomat in Washington, D.C.

The original forum thread was posted in January 13. After the forum section lit up and multiple inquiries from candidates, HR/REE apparently sent out an email on January 17, as follows:

Dear Candidate:

The Office of Recruitment, Examination and Employment (HR/REE) would like to provide further information concerning your appointment to both the March 6th Generalist and March 20th Specialist hiring classes.

At this time, pending guidance from the incoming administration, the Registrar’s Office is not releasing any official appointment documentation related to the March 2017 hiring classes. This would include the official appointment salary letter and the Enter On-Duty employment forms. Once the Registrar’s Office has received further guidance from Management concerning your appointment, you will be informed immediately.

We recommend that you make no lifestyle changes contingent on employment with the Department until you receive further guidance from us.”

Look, the job offer letters went out after the elections. Unless folks were under a rock, State/HR knew that there will be a new GOP Administration who may have different priorities. In fact, in October 22, 2016, President Trump’s Contract With the American Voters lists “a hiring freeze on all federal employees to reduce federal workforce through attrition (exempting military, public safety, and public health)” as part of his plan.  Perhaps the folks who sent out the job offers made presumptions they shouldn’t have, or perhaps there were transition issues?  The thing is we don’t know because HR and DGHR are both non-responsive to inquiries. It is worth noting, however, that the scheduled  189th Class proceeded as planned on January 17.  If there were doubts, even slim ones about the next training classes, the State Department could have included a contingency language in the job offer letters it sent out; it did not.  Wait, we’ll take that back. Even in the absence of doubts, given that a presidential transition was anticipated after the election, it is malpractice not to include contingency language in these job offers.

We understand that the agency has no control over the priorities or the interest of the incoming administration. However, it has control over how it communicates with its prospective personnel. The State Department demands that its future diplomats demonstrate high qualities of leadership, decisiveness, and communication skills among other things.  And yet, it poorly communicates with its incoming career candidates and refuses to account for its action when politely asked for clarity.

CBS News reported on January 20 that White House chief of staff Reince Priebus sent a memo to federal agencies instructing the bureaucracy to cease issuing new regulations and to enact a federal hiring freeze. We were able to locate the regulatory freeze memo but not the memo on the hiring freeze. Government Executive has now reported about the hiring freeze here. Below is the text of the order freezing federal hiring.  Or see the more readable version here: President Trump Freezes Federal Hiring Regardless of Funding Sources (Read Memo).

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U.S. Consulate General Istanbul: Post On Evacuation Status With a “No Curtailment” Policy?

Posted: 1:49 am ET

 

In October 2016, the State Department updated its Travel Warning for Turkey to announce the mandatory departure of family members of employees assigned to the Consulate General in Istanbul. The announcement says that the Department of State made this decision “based on security information indicating extremist groups are continuing aggressive efforts to attack U.S. citizens in areas of Istanbul where they reside or frequent” but adds that “the Consulate General remains open and fully staffed.”

The mandatory evacuation order issued in October meant that family members departed Turkey for temporary housing typically in the Washington, D.C. area without their household effects or personal vehicles. And like all posts on mandatory evacuation, the children had to be pulled out from their schools and temporarily enrolled in local schools in the DC area. We are not sure how many family members were evacuated from post but the last data we’ve seen indicates that USCG Istanbul has approximately 80 direct-hire US employees.

By law, an evacuation cannot last longer than 180 days so after the Under Secretary of State for Management (“M”) approves the evacuation status for post (authorized or ordered), the 180-day clock “begins ticking”. The order can be lifted at any time but if family members are not allowed to return to post, and no reassignment decision has been reached, the post status could change to “unaccompanied”.  For those not in the FS, that means, family members will not be allowed to return to post and incoming employees will no longer be allowed to bring their family members to their diplomatic assignment.

The latest evacuation order for USCG Istanbul could potentially last until April 2017 unless terminated earlier, or could be extended with a new order. Note that a previous evacuation order for US Mission Turkey was terminated in September 2016 and about five weeks later, the current evacuation order was issued. Who would have thought that Istanbul would become more restrictive than say, Beirut, where employees can still bring adult family members to post?

In any case, we understand that US Mission Turkey’s DCM had a meeting recently with the staff to let them know that post and HR/EX had agreed to halt all curtailments. Apparently, employees were told they cannot leave post until they have incoming replacements. But see — if they’re not allowed to send in their requests, or if the jobs of the curtailing employees are not listed anywhere, how will folks know about these job vacancies?  How will incoming replacements come about?  We understand that the hold placed on all curtailments apparently has “no stated expiration.”

We asked the State Department about this “no curtailment” decree specific to USCG Istanbul. Below is the full official response we received:

We cannot comment on the status of individual requests, but we can confirm that it is incorrect that a “no curtailments” policy is in effect in Mission Turkey. The Department adjudicates curtailment requests on a case by case basis, in line with established regulations and procedures. In doing so, we take into account the well-being and the individual circumstances of our employees and their family members, as well as the need to ensure sufficient staffing to undertake the important work of our diplomatic posts.

We should note that we did not inquire about individual curtailments; and our question was specific to Istanbul, and did not include Ankara or Adana. You are welcome to interpret “Mission Turkey” in the most convenient way, of course.

We’ve learned that this is not the first instance of a decree issued on specific posts. In one NEA post, the Front Office reportedly made it known that it “would not accept” curtailment requests until further down the “ordered departure” road.  During the Ebola outbreak in West Africa, the Director General was also reportedly asked to implement a policy that no curtailment requests from those affected posts would be allowed until senior management decided it was “appropriate.”

We can see where the State Department is coming from; it certainly would not like to see mass curtailments from staffers but  — there is no authority in the books that prohibit curtailment requests. And as somebody familiar with the bureau puts it, “HR knows this damn well.”  

Curtailment is the shortening of an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post.  The statutory authority for curtailment is found in the Foreign Service Act of 1980.

In the Foreign Affairs Manual, 3 FAM 2443.1 allows an employee assigned abroad to request curtailment of his or her tour of duty for any reason.  The regs say that the employee should submit a written request for curtailment that explains the reasons for the request to the appropriate assignment panel through his or her counseling and assignment officer. Post management must state its support for or opposition to the employee’s request.  The Foreign Affairs Manual makes clear that a curtailment is an assignment action, not a disciplinary one.

The FAM provides any employee the right to request a curtailment for any reason at any time, regardless of where the employees are serving.  It’s been pointed out to us that this does not/not mean that the assignment panel will approve the request. We understand that the panel’s decision typically depends on the argument made by the CDO (Career Development Office) at panel and whether ECS (Employee Consultation Service) strongly supports the “compassionate curtailment.”

A source familiar with the workings of the bureau observed that if post is refusing to send out the curtailment request via cable, the employee needs to connect with his/her CDO and go the DGDirect route. If necessary, employees can also go to AFSA, as there are precedence for this in prior attempts to declare no curtailment decrees at other posts under “ordered departure” or where there were outbreaks of diseases (Ebola, Zika).

Note that 3 FAM 2446 provides the Director General of the Foreign Service the authority to propose curtailment from any assignment sua sponteAccording to the FAM, the Director General may overrule the assignment panel decision to curtail or not to curtail if the Director General determines that to do so is in the best interests of the Foreign Service or the post.

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