FBI to Veteran Diplomat Robin Raphel: “Do you know any foreigners?” #criminalizingdiplomacy

Posted: 1:29  pm ET

 

We’ve posted previously about Ambassador Robin Raphel in this blog. See Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?. Also below:

Today, the Wall Street Journal runs an extensive account of what happened and why this case is a concerning one for American diplomats:

The NSA regularly swept up Pakistani communications “to, from or about” senior U.S. officials working in the country. Some American officials would appear in Pakistani intercepts as often as once a week. What Raphel didn’t realize was that her desire to engage with foreign officials, the very skill set her supervisors encouraged, had put a target on her back.

The FBI didn’t have a clear picture of where Raphel fit on the State Department organizational chart. She was a political adviser with the rank of ambassador but she wasn’t a key policy maker anymore. She seemed to have informal contacts with everyone who mattered in Islamabad—more, even, than the sitting ambassador and the CIA station chief.

[…]
State Department officials said that when they spoke to the FBI agents, they had the feeling they were explaining the basics of how diplomats worked.

At times, Raphel’s colleagues pushed back—warning the FBI that their investigation risked “criminalizing diplomacy,” according to a former official who was briefed on the interviews.

In one interview, the agents asked James Dobbins, who served as SRAP from 2013 to 2014, whether it was OK for Raphel to talk to a Pakistani source about information that wasn’t restricted at the time, but would later be deemed classified.

“If somebody tells you something in one conversation, you might write that up and it becomes classified,” he said. “But that doesn’t mean the next time you see them that you can’t talk about what you’d already talked about.”

[…]

Over the past two years, diplomats in Pakistan and the U.S. have scaled back contacts, according to officials in both countries. U.S. diplomats say they are afraid of what the NSA and the FBI might hear about them.

“What happened to Raphel could happen to any of us,” said Ryan Crocker, one of the State Department’s most highly decorated career ambassadors. Given the empowerment of law enforcement after 9/11 and the U.S.’s growing reliance on signals intelligence in place of diplomatic reporting, he said, “we will know less and we will be less secure.”

“Look what happened to the one person who was out talking to people,” said Dan Feldman, Raphel’s former boss at State. “Does that not become a cautionary tale?”

[…]

Diplomatic Security had yet to restore her security clearance. Some of her friends at the State Department said they believed the FBI opposed the idea.

Kerry and Raphel stood close together for only a couple of minutes. On the sidelines of the noisy gathering, Kerry leaned over and whispered into Raphel’s ear: “I am sorry about what has happened to you.”

Read in full below:

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From Someone Who Has Unfortunately Been There: Sexual Assault Trauma Triage in the Foreign Service

Posted: 1:51 am ET

 

In response to our post — First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult…, we received the following from a Foreign Service member who does not want to be identified but sent a note that says “here are some suggestions for sexual assault trauma triage in the FS, from someone who has unfortunately been there.”  

1. Reach out to someone outside of DOS for support, like friends and family back home whose discretion you trust. There is so much shame involved in sexual assault, but you do not have to go through this alone.

2. Find a therapist (PhD preferable). Sexual assault survivors report the most improvement with Cognitive Processing Therapy (CPT) and EMDR (you’ll likely have to do this domestically). If you can’t find a CPT sexual assault specialist, try going to your closest VA hospital’s website and look for one there. Reach out to her and ask for a private practice referral for sexual assault in a military-like service. Since you’re overseas, you may be able to find a private CPT specialist who does Skype/telephone. Be prepared to pay out-of-pocket, and it won’t be cheap. And speaking of costs: CPT for sexual assault may be the most psychologically taxing thing you’ve ever done, but it is worth it. I promise.

3. Consider a medical curtailment to get yourself out of the situation immediately. The only department that I trust at DOS is MED. Fill out a MED update form, and note the questions on what should be the second page (related to PTSD). Check whichever boxes are relevant to you. You can also write down there what happened to you—something as simple as “Sexual assault at Post” will suffice. They will have a psychiatrist reach out to you—and you can request a female psychiatrist. If they don’t immediately contact you, start calling twice a day until you get what you need. Depending on your symptoms, you may qualify for a Limited Class 2, but if you need to be back in the U.S. for intensive counseling (and there is no shame in doing so, your well-being is the priority), they can work with you on getting you a Class 4 so that therapy can happen domestically.

4. FSO Friend who wrote in: I know that curtailment can seem like he wins. But this is emergency triage, and you may need to retreat to a place of safety (far away from him) until you have healed enough to decide your next steps. This is a “put on your oxygen mask before attempting to help others” level-situation. Please don’t be ashamed of curtailment if that is what you need to do for you. You are the priority right now. Please don’t tough it out and expose yourself to further harm–including the psychological trauma of being around him regularly. And please don’t suffer in silence. Out of all of the organizations at DOS that claim that they can help, I believe that MED actually can help you. Please use MED if it’s appropriate for you.

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This is one person’s suggestions based on her experience and perspective and we’re passing this along for consideration. Since the sender did not provide a return email, we have not been able to ask follow-up questions. We have to respect that this is all that she is able to share at this time. She reached out to this blog out of concern for the FSO who was raped.  We will leave this up to you to consider which of her suggestions may be worth exploring depending on what feels appropriate in your case.

Read more about Cognitive Processing Therapy (CPT) (PDF).

Read here on the Eye Movement Desensitization and Reprocessing (EMDR).

Curtailment is the shortening an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post, or from assignments in the U.S.  3 FAM 2440 says that curtailment is an assignment action, not a disciplinary one. Folks, of course, know that in real life that’s not always true.

Please note that 3 FAM 2444 allows an employee assigned within the United States to request voluntary curtailment of his or her tour of duty for any reason “by submitting the request and an explanatory memorandum to the assignments panel via his or her counseling and assignments officer. The bureau of assignment must state its support for or opposition to the employee’s request.”  What happens if one is a sexual assault victim in a domestic assignment or while on extended TDY or on training and have to go through this to get curtailed from an assignment where the perpetrator is also located? Imagine this happening to an untenured employee. What  does one write in the explanatory memo — I was raped, and I need to curtail my assignment because my attacker is right next door? How many folks will get to see that memo? Something for the new State Department task force to think about.

We should add that another FS member’s medical clearance was downgraded to a Domestic only (Class 5)  after reporting to MED.  12 FAM 210 notes that Class 5 is issued to all who have a medical condition which is incapacitating or for which specialized medical care is best obtained in the United States.  Employees or eligible family members with a Class 5 medical clearance may not be assigned outside the United States.  So right there, that’s really scary stuff for Foreign Service folks.

On November 22, the State Department directed a task force to create a new Foreign Service Manual section for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

 

Sexual Assault Related posts:

 

 

U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance

Posted: 5:08 pm PT

 

The message below addressing sexual assault was sent to all State Department employees on November 22, 2016.  Several copies landed in our inbox.  The State Department sent us a note that says they want to make absolutely sure that we have seen this, and gave us an “officially provided” copy.

 

A Message from Under Secretary Pat Kennedy
November 22, 2016

Sexual assault is a serious crime.  It can traumatize victims and have a corrosive effect on the workplace.  The Department is determined to do all it can to prevent sexual assault, and, if it does occur, to support victims and bring the perpetrators to justice.  We are committed to effectively and sensitively responding to reports of sexual assault and to ensuring victims are treated with the care and respect they deserve.

The Department has policies and procedures relating to sexual harassment and workplace violence.  We recognize these policies may not address all issues specific to sexual assault and that sexual assault is more appropriately dealt with in its own FAM section.  At my direction, an inter-bureau taskforce is in the process of creating this new FAM section.  Among the issues the taskforce will take up are reporting processes, confidentiality, sexual assault response training, and potential conflict of interest issues.

As we work to complete a stand-alone sexual assault FAM section, it’s important to note that there are and have been policies and procedures in place to help employees and their family members who are sexually assaulted get the medical care they need and to bring perpetrators to justice.

Medical services are available at post, and personnel from the Bureau of Medical Services (MED) can also provide advice from Washington, DC.  Post’s Health Unit healthcare providers are the first responders for medical evaluation and treatment overseas and will abide by strict patient/provider confidentiality.  An employee or member of the Department community who has been sexually assaulted may also report the incident to MED’s Clinical Director (currently Dr. Behzad Shahbazian) at 202-663-2976 during business hours.  After hours and on weekends/holidays, victims may contact the MED Duty Officer at 202-262-9013 or via the Operations Center at 202-647-1512.

For reported sexual assaults that are committed by or against members of the Department community or occur within a COM facility or residence, RSOs serve as the law enforcement first responders.  Every reported sexual assault is handled as a criminal matter that may be prosecuted in the United States under federal extraterritorial laws.  For more guidance on the handling of such cases, see 16 STATE 56478.

If a victim overseas wants to report a sexual assault to law enforcement authorities, but prefers not to report it at post, he or she can contact the Office of Special Investigations (DS/DO/OSI), via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov<mailto:DS-OSIDutyAgent@state.gov>.  The DS/DO/OSI duty agents are available 24 hours a day, seven days a week and can investigate an allegation independent of post management.  OSI agents have been trained to handle such cases and will work with the victim and can also provide information about the Victims’ Resource Advocacy Program available at vrap@state.gov<mailto:vrap@state.gov>.

Victims may also report sexual harassment directly to the Office of Civil Rights<http://socr.state.sbu/OCR/Default.aspx?ContentId=6666> (S/OCR) at http://snip.state.gov/f5h or via phone at 202-647-9295 and ask to speak with an Attorney-Adviser.  Pursuant to 3 FAM 1525, S/OCR oversees the Department’s compliance with anti-harassment laws and policies and conducts harassment inquiries.

The working group developing the new FAM section is consulting with other agencies about best practices in such areas as communication, training, and post-attack medical and mental health support and will integrate appropriate elements of these programs to ensure that the Department’s policies on sexual assault are victim centered and effective.

The Department’s position is clear: there is zero tolerance for any form of violence, including sexual assault, within our Department community. We understand these are sensitive and difficult situations, but we strongly encourage victims to come forward so the Department can take the appropriate steps to ensure the victim’s safety and bring the perpetrator to justice.

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Sexual Assault Related posts:

A Sexual Assault Reporting Process Foreign Service Members Deserve: If Not Now, When? Attn: @JohnKerry #16days

Posted: 2:13 am ET
Updated: 11:47 am PT

 

For victims/survivors of sexual assault, please see Sexual Assault in the Foreign Service — What To Do?  Consider below as a follow-up post to The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief.

The following is provided for general information that is intended, but not guaranteed, to be correct and up-to-date. Please do not consider the following legal advice as we are not lawyers; read the full necessary disclaimer below.

The Rape, Abuse & Incest National Network (RAINN) has the following sexual violence statistics:

  • On average, there are 288,820 victims (age 12 or older) of rape and sexual assault each year in the United States
  • Ages 12-34 are the highest risk years for rape and sexual assault
  • 90% of adult rape victims are female
  • 94% of women who are raped experience post-traumatic stress disorder (PTSD) symptoms during the two weeks following the rape.
  • 30% of women report PTSD symptoms 9 months after the rape.
  • 33% of women who are raped contemplate suicide.
  • The majority of perpetrators are someone known to the victim. Approximately 3 out of 4 of sexual assaults are committed by someone known to the victim

Rape notification rates differ depending on whether the victim know the perpetrator — those who knew a perpetrator were often less likely to report the crime, according to RAINN. A report (PDF) published by the National Sexual Violence Resource Center says that many survivors experience great difficulty in disclosing a sexual assault, especially when the perpetrator is known to the victim. The study is focused on rural America where “the propensity to not report may be reinforced by informal social codes that dictate privacy and maintaining family reputation. Sexual assaults in rural areas are mostly hidden crimes, hidden both intentionally and unintentionally by characteristics of a close-knit culture or an isolated lifestyle.”  Rural communities like small towns as places where “everybody knows everybody.” Sounds familiar?

A victim will have little anonymity. It means she, or a friend or family member is likely to be acquainted with or related to the perpetrator and that she may reencounter the perpetrator, even on a regular basis. Furthermore, “the closer the relationship between victim and assailant, the less likely the woman is to report the crime” (Hunter, Burns-Smith, Walsh, 1996). Studies have quite consistently pointed to the importance of the victim-offender relationship in affecting the propensity to report (Pollard, 1995; Ruback, 1993, Ruback & Ménard, 2001). In rural areas, law enforcement is likely to be part of the social network (Sims, 1988; Weisheit, Wells & Falcone, 1994; Weisheit, Wells & Falcome, 1995). This compounds the problem of reporting non-stranger sexual assaults.

We need to point out that in the Foreign Service, particularly overseas, Diplomatic Security law enforcement –as in rural communities and small towns — is part of the social network.

We should also note that a 2002 study by Lisak-Miller indicates (PDF) that a majority of the undetected rapists were repeat rapists. The repeat rapists averaged 5.8 rapes each.

According to the Callisto Project, which provides survivors with a confidential and secure way to create a time-stamped record of an assault in American campuses less than 10% of survivors will ever report their assault. Survivors wait an average of 11 months to report their assault to authorities and up to 90% of assaults are committed by repeat perpetrators.  Callisto’s CEO Jess Ladd told us that someday she would like to make available their product within other institutions (including companies and agencies) and to have a free version that anyone can use to store what happened.  But Callisto is not there yet.


Foreign Service Victims’ Concerns

Among the concerns we’ve heard so far are: 1) lack of clear reporting process, 2) confidentiality, 3) sexual assault response training, 4) potential conflict/undue pressure on investigators/managers who may be friends, colleague, or subordinates of perpetrators, and 5) lack of sexual assault data.

As we’re written here previously DOD and Peace Corps provide restricted and unrestricted reporting for victims, but that does not appear to be the case in the Foreign Service.  The State Department has over 275 posts in about 180 countries. The agency’s Diplomatic Security has Regional Security Offices in most locations but not all.  The State Department has previously told this blog that Diplomatic Security’s Office of Special Investigations  “receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.” Which begs the question, how will the State Department know if it has sexual predators living among its various communities particularly overseas if it does not track these types of offenses?

Due to the lack of clear reporting process — except “report to RSO” or “contact OSI,” victims (as well as this blog) have no way to independently assess what reporting entails. We don’t know what kind of confidentiality is afforded the victims. Among other concerns and questions:

  • When we asked an FS assault victim if there is any good option for reporting sexual assault, we were told bluntly, “There is no good option. That’s what the predator knows.” 
  • When a victim reports to RSO overseas, we know that the RSO is supposed to contact State/OSI, but who else has access to that information?   Embassy/post leadership? Which officials in the embassy hierarchy?  Will the local Health Unit be informed? The CLO? State/MED? DS Command Center?  And will reporting victims be informed in advanced who their information will be shared with and the specific reason for sharing their information?
  • Do DS/OSI investigators travel to the location of the assault to investigate? Time and evidence collection are of the essence in sexual assault reporting.  If yes, how quickly?  Is there a have rapid response team? What should the victim do while waiting for the arrival of DS/OSI investigators? Not shower? Not go to work?
  • In countries where sexual assault victims are jailed for “promiscuity”, what is the State Department’s policy and recommendation to someone assaulted in a place where requesting a rape kit means going to jail? Would the Department work with local authorities to actually protect the victim from prosecution while DS investigates or would they just allow an already traumatized victim to get PNG’d and force them to pack up and leave?
  • How will the victim’s report be transmitted to DS/OSI? Via unclassified email? Via fax? Via phone? In the case of emails, what restricts that information from being forwarded with a click of a mouse, or the record being compromised intentionally or unintentionally?
  • How are victims’ reporting records protected?  What are the consequences for an employee/s with access to the victim’s report who shares it with an unauthorized entity or individual? What if it is shared with a colleague, or a friends, or a family member?
  • What kind of training do RSOs get to enable them to assist sexual assault victims overseas? “Does every single RSO in the world know a designated medical facility to process a rape kit?” Or for that matter, do Health Units at overseas posts even have this information available?
  • Victims who report to RSO or DS/OSI would like to know if the officers receiving their sexual assault reports represent the victims’ interests or State Department interests?
  • What support is available to victims? What can victims expect after they report their assaults?  What consequences will their reporting have on their medical clearance and assignments? What kind of work accommodation will be extended to them, if needed? Who will be their effective has the responsibility to advocate for them if they need to file workers’ comp from the Department of Labor?
  • How are perpetrators — who are not strangers — handled by the State Department?  This is not a hypothetical question.  An OIG investigation indicates that one security officer’s alleged sexual misconduct spanned 10 years and 7 posts.  In that case, the Department never attempted to remove the RSO from Department work environments where the RSO could potentially harm other employees.  DS agents investigating the 2011 allegations reported to DS management, in October 2011, that they had gathered “overwhelming evidence” of the RSO’s culpability.  These agents encountered resistance from senior Department and DS managers as they continued to investigate the RSO’s suspected misconduct in 2011. The OIG found that the managers in question had personal relationships with the RSO.  Folks who work at the State Department should ask questions like who are these senior Department and DS managers who allowed this to happen for 10 years and 7 posts?  Do they have other friends that they have similarly protected? What happened to the victims at 7 posts? What support were available to them?  What responsibility does the State Department have for not removing that employee despite overwhelming evidence of culpability?


FOIA Diplomatic Security’s sexual assault cables?

As readers here know, there is no official guidance in the FAM on reporting sexual assault in the Foreign Service (see The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief). We’ve requested the unclassified cables that were released by DS/OSI in 2015 and earlier this year on sexual assault reporting (15 State 71370;  15 State 79760;  and 16 STATE 5647all reportedly available at DS/OSI intranet). Since the information is unclassified and it could be useful information, we thought we could save time and money by requesting these through regular channels without having to FOIA them. We appreciate the efforts of those who were trying to obtain these for us through regular channels; we understand some folks worked through the weekend to attend to this requests. Thanks, folks!  Late Monday, we got word from a State Department spokesperson:

“Our thanks for your patience while the Department reviewed the practice of releasing State Department internal cables to members of the public or media. At this stage, a decision has been made that we are unable to release cables in this manner.”

Unbelievable! But it is what it is.  We need, therefore, to FOIA these unclassified cables. Given State’s FOIA processing record, we don’t expect to see these cables until 1-2-3-4 years down the road. We might be dead of heartbreak by then.


State/OIG Hotline and Office of Special Counsel

State/OIG has reiterated to us that that their office takes allegations of rape and sexual harassment very seriously and repeated the response they provided us back in August here.  Note that we have already been told that cases like this should not be reported to the OIG Hotline.  Read more here: Another Note About the Burn Bag–There’s No Easy Way of Doing This, Is There?.  State/OIG told us that Department employees who believe they have been subjected to whistleblower retaliation may contact OIG or the Office of Special Counsel (OSC). OIG can help the individual in understanding their rights and may investigate the retaliation, as well as alert the Department to any illegal reprisal.  State/OIG also said: “By no means do we want to discourage anyone from contacting our Hotline, but such a serious crime as a rape needs to be dealt with immediately and that’s why we recommend a call to local law enforcement.”

Continue reading

First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult…

Posted: 12:45 am ET

 

Below is a redacted version of the Burn Bag we received. The red scissor indicates the parts of the Burn Bag that we purposely snipped (see explanation below):

I am a ✂️ FSO who was ✂️ raped, in  ✂️

It has been an extremely painful ….. ✂️

Continuing on has been an (sic) incredibly difficult.

To have to continue to go ✂️  with this threatening and frightening person still present and looming around, has been terrifying.

In addition to not feeling safe with this violent criminal down the hallway, I have been grappling in fear and lost about what to do.

Like the grim picture your recent article on sexual assault reporting paints, it’s been hard to gather information on what to do.

I’ve heard of two accounts of other FSOs who’ve been sexually assaulted and these violent criminals are still serving as diplomats, with no apparent justice served despite their efforts to address the issue through HR.

I have many specific questions. ✂️

Is there some place outside of the State Dept and other than the police where one can make a report?

✂️ [W]hat about when the assailant is of equal “rank,” particularly, also a FSO? I’ve heard that in these situations, although both the victim and perpetrator were both FSOs, that it tends to discount the crime overall because it’s “embarrassing” to the Department that a FSO would do this. In the end, the female FSO who was assaulted seems to get no real justice. ✂️

What about AFSA? Is there anyone we can talk to at AFSA who has past experiene or specializes in Sexual Adsault (sic) and Harrassment issues in the FS?

I know that this is sent anonymously and that I can’t get these answers directly.

So I hope that Diplopundit will consider an update to the Sexual Assault blog around the questions I’ve raised ✂️

You have at least one oerson (sic) here in the FS family suffering greatly who would appreciate any information or guidance. Thank you.

*

Redacted Burn Bag – a Rare Exception

As we’ve previously written here, we received this Burn Bag submission regarding sexual assault in the Foreign Service. We have no way to contact the sender directly but we know that she reads this blog (90% of adult rape victims are female, so we will use the feminine pronoun in this blogpost). She wanted us to have the information for publication since she did send the information via Burn Bag. While we almost never redact/edit the Burn Bag submissions we post in this blog, we are making a rare exception here.  We are doing so because we have serious concerns that posting all details and locations contained in the Burn Bag submission could identify the victim/assault survivor or alert the perpetrator. While the Burn Bag is clearly intended for publication, we do not wish to place the victim/survivor in potential additional jeopardy, and that’s why this version is redacted.

We should note that this is the second anonymous FSO who reported to us their sexual assault while in the Foreign Service. A third employee who did not want us to use her name has also recently reached out to this blog about her assault while posted in a war zone. She shared  the fallout from her reporting and we will post that account separately.

 

Related posts:

 

 

@StateDept Updates FAM For Reporting Domestic Violence — See What’s Missing?

Posted: 12:19 am ET

 

We recently blogged about a diplomat from the Permanent Mission of Germany to the United Nations in New York who is accused of punching his wife but is shielded from arrest by diplomatic immunity (see Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked). How do diplomatic missions handle cases of domestic abuse? According to the AP, the German Foreign Ministry spokesman declined to comment on the allegations and said he wasn’t aware of any request to lift the diplomat’s immunity.

In July 2016, the State Department updated its Foreign Affairs Manual for reporting domestic violence. First, let’s note that the words used in this update is not/not “must” which is mandatory but “should” which simply implies recommendation and advice. “Any person who suspects an employee is involved in domestic violence should report such information…”  Also, let’s note that if the initial report is substantiated, all eight possible actions cited in the updated regs uses the word “may,” which means they’re all recommended optional actions.  For instance, if a report is substantiated, Diplomatic Security “may” refer information to the Bureau of Human Resources (HR) for disciplinary action. Or it may not.

Second, according to 3 FAM 1810,  the Chief of Mission or Principal Officer overseas is responsible for designating a family advocacy officer (FAO) at post, normally the deputy chief of mission (DCM), or the second-in-command at posts where there is no DCM.  Here’s a question: What happens if the perpetrator of domestic violence is the Chief of Mission or the Principal Officer? The DCM, who reports to the ambassador, picks up the phone and convenes the family advocacy team at post which includes the Foreign Service Medical Officer (FSMO), and the Regional Security Officer (RSO). Then one of them calls up the State Department to report the abusive ambassador because the regs say they should?  (Apparently, although not listed, the Regional Medical Officer/Psychiatrist (RMO/P) could also be part of the advocacy team at post).

A DCM would not wash his/her hands on something disgraceful as this, would he/would she? The Medical Officer would not suddenly go on vacation somewhere, right? It would not take um … weeks for Foggy Bottom’s Family Advocacy Committee to provide guidance to post, right?

And, of course, the embassy’s family advocacy folks would protect the ambassador’s spouse because it’s the right thing to do, RIGHT?

Domestic violence affects all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality. Despite what you might think, the Foreign Service is not an exception.  Physical violence is often accompanied by emotionally abusive and controlling behavior as part of a much larger, systematic pattern of dominance and control. Domestic violence can result not only in physical injury but also psychological trauma, even death.

And yet, the Foreign Affairs Manual appears to be written by folks who could not seem to contemplate that a chief of mission (COM) can cause physical and mental injury to his/her spouse.  Embassies are not democracies; this FAM update offers no protection to the spouse of the most senior official at an embassy. Its language is all bark, and the bite for everyone else — like most things in the Foreign Service —  falls into the “it depends” bucket.

Below is an excerpt from the FAM:

3 FAM 1815  DOMESTIC VIOLENCE
3 FAM 1815.1  Reporting Domestic Violence
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Domestic violence can often involve criminal misconduct (e.g., assault, battery, rape) and the Department considers it notoriously disgraceful conduct (see 3 FAM 4139.14).  As such, it is grounds for taking disciplinary action against an employee.  Any supervisor or other management official who is aware of incidents or allegations, which may serve as grounds for disciplinary action against an employee, is responsible for taking action on or reporting such incidents or allegations (see 3 FAM 4322.1).

b. In cases where there is evidence or allegations of criminal misconduct, as noted in paragraph a of this section, the Office of Special Investigations(DS/DO/OSI) will coordinate with the Department of Justice and/or U.S. Attorney’s office to determine if the actions reported warrant criminal prosecution.

c.   At post, any person who suspects an employee is involved in domestic violence should report such information to the family advocacy officer (FAO) at post.  The FAO must take the actions required by this section.

d. At the Department locations in the United States, any person who suspects an employee is involved in domestic violence should report such information to DS/DO/OSI.

3 FAM 1815.2  Post Action and Department Guidance
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Upon receiving a report or obtaining information pertaining to a suspected case of domestic violence, the family advocacy officer (FAO) must immediately consult with the family advocacy team at post.  The family advocacy team must immediately assess and address any health and safety concerns for the victim and the victim’s children, if any.  Where necessary, promptly schedule with the Foreign Service medical officer (FSMO) medical and/or mental health examinations and/or consultations for persons covered under the Department’s medical program.  Prompt and accurate recording of medical information, interviews and, when possible, the collection of physical evidence and photographs documenting physical injuries is critical in all cases.

b. A member of the family advocacy team must immediately contact the Office of Special Investigations (DS/DO/OSI) telephonically and provide, normally within 24 hours, an initial written report containing available information.  The Bureau of Diplomatic Security (DS) is to share such information with the Family Advocacy Committee.

c.  The Family Advocacy Committee assesses the information and provides guidance to post.  Each case of suspected domestic violence must be handled on a case-by-case basis, depending upon the nature of the allegations.  If the initial report is unsubstantiated or if the allegations do not constitute domestic violence, no further action is required.  The matter is considered closed and the files are annotated accordingly.

d. If the initial report is substantiated, action may include one or more of the following:

(1)  Post may call upon local authorities or resources in certain cases;

(2)  DS may dispatch an investigative team to post, and a criminal investigation may be undertaken;

(3)  DS may coordinate with the cognizant legal authorities about prosecution of the case;

(4)  Post may be asked to conduct follow-up inquiries and interviews;

(5)  Post may be asked to call upon shelter and child protection resources or find alternative shelter within the post community for the victim and any children;

(6)  The FSMO may be asked to determine whether counseling or other medical services are needed and recommend a treatment plan.  If required treatment is not available at post, medical evacuation or curtailment of the employee may be considered or ordered;

(7)  The Family Advocacy Committee may coordinate referrals to crime victim assistance programs specializing in domestic violence and crime victim compensation programs; and

(8)  DS may refer information to the Bureau of Human Resources (HR) for disciplinary action.

Per 3 FAM 1810 domestic violence is any act or threat of imminent violence against a victim (other than a child) that results or threatens to result in physical or mental injury to the victim that is committed by a: (1)  Spouse or former spouse of the victim; (2)  Person with whom the victim shares a child in common; (3)  Person who is co-habitating with or has co-habitated with the victim; (4)  Person residing in the household; or (5)  Any person who has a relationship with the victim and has access to the victim’s household.

Below is Leslie Morgan Steiner talking about “crazy love” via TED — that is, madly in love with a man who routinely abused her and threatened her life. Steiner tells the story of her relationship, correcting misconceptions many people hold about victims of domestic violence, and explaining how we can all help break the silence.

 

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

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

 

From an anonymous DS Employee: Is This Diversity?

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

ds-top-ranks

A review of the facts.

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

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

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

But is it not.

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

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

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

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

In response, the Department should:

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

Posted: 3:30 am ET

 

On October 4, we wrote about DS agents fleeing Diplomatic Security in droves for the U.S. Marshals Service.  On October 14, we did a follow-up piece, Is Diplomatic Security, the State Department’s Law Enforcement Arm Trying to Break the Law? Today, we’ll talk about the list.

As we’ve previously reported, in addition to the alleged warning that DS agents who leave for the U.S. Marshals will not be allowed back into the agency (contrary to 5 USC § 2302(b) and 3 FAM 2130), a State Department official speaking on background shared with us a short-list of DS agents leaving the bureau for the U.S. Marshals Service. The list is allegedly compiled at the direction of the Diplomatic Security Service (DSS) Front Office. We were given the names of the people allegedly involved in this mess but we do not have a paper trail of who said what to who, or who did what for whom so we are not publishing those names at this time. There should be record emails if/when Inspector General Linick decides to look into this matter.

The List:  Where did it come from?

A source with detailed knowledge of the USMS lateral hiring program told us that USMS HR sent out an email but did not blind carbon copy (BCC) the distribution.  It was therefore easy to recognize many names as well as identify agency affiliation as some folks did use their state.gov email addresses. Our source suggested that this same email could have made its way to the DS Front Office and may have been the origin of the list. Even granted that this might have been what actually happened, somebody still had to compile that list.

The 30 names on the list includes 19 Special Agents (SA) assigned domestically, 6 Assistant Regional Security Officers (ARSO) assigned overseas, 1 agent from an unidentified office and 4 agents with the Mobile Security Deployments (MSD).  We don’t know how many agents from this list have now successfully transferred to USMS but we’ve since learned that two of the first agents to leave were just given Superior Honor awards for a human trafficking case. So let’s dispel with the notion that these folks walking out the door are  low-performers.

The list is on a 6-column spreadsheet, and includes each DS agent’s name, current assignment, future rotational assignment and/or TED dates.  While there is great concern that the list has a retaliatory intent, we have to grant that there could be other reasons for the bureau to compile such a list. But what? That’s why we asked Diplomatic Security 1) why this list was compiled, 2) what is its purpose, and 3) why DS/IP is reportedly consulting this list during pre-assignment deliberations? But the bureau was mum on this and we received the same non-response to our questions:

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

We’ve sharpied out the last names and all locations outside of DC from the list below because these folks could be easily identifiable in overseas posts and non-DC domestic locations.  If the list was born from a USMS HR email, the other details below particularly rotation information could have only come from State Department systems.

recd_usmsapplicantlist

 

The List: What is it for?

It is alleged that the purpose of this list is retaliation. Whether real or perceived, we understand that there are agents with conditional offers who are now considering withdrawal from the USMS process for fear of being blacklisted or blackballed when it comes to promotions and assignments.  The State Department official who shared the list with us also mentioned assignments and promotions as real concerns and said that though this may sound petty, the bureau can retaliate against these agents through denial of domestic assignments to areas where their families live, denial of overseas assignments, denial of extensions to those assignments, as well as denial of tenure or promotions, etc. The official admits that there is “nothing concrete to support this assumption, just the overall experience of how the game goes.”  That comment in itself is concerning.  It indicates that retaliation is not an isolated action within the bureau, but something that employees view as part of the system and even come to expect as part of a “normal” institutional reaction.

We’ve learned that as concerns for this list mounted later this summer, one official associated with the compilation of this list was removed from his position and a DS Broadcast announced that “effective immediately” a new agent was filling his position. Whether the removal was just coincidence, it did not seem to abate the concerns and fears about the list.

One might argue — and we’re trying hard to find a good argument here — that perhaps the list is just a heads up to the top leadership about folks the bureau is losing to the U.S. Marshals Service.  Or maybe the list was just a harmless “hey look at these co-workers we have to send congratulation cards to.” Okay. Fine. But as far as we know, no one from the top leadership has explained the reason for the list even as it has roiled its rank and file. And there was that alleged warning at UNGA.

Also two things:

#1.  The compiled list is not/not of all DS agents leaving the bureau, but specifically, of all agents leaving the bureau for the U.S. Marshals Service. So they’re not looking at say, a projected attrition data but at a clearly defined group of employees.

#2. DS/IP, the office who has a final say on where agents end up overseas is allegedly consulting this list during pre-assignment consultations/deliberations. Whether true or not, that’s the story racing down the corridors.

So why did Diplomatic Security compile a short-list of DS agents leaving for the U.S. Marshals Service?  We have no good answer. And Diplomatic Security refuses to say. If  there’s a perfectly good reason for all this, the top leadership at Diplomatic Security has not done anything to address the real concerns that people have.

Blowing Up the Security Officers’ Attrition Rate

We were previously told by PA that the overall Special Agent attrition rate for 2015 was 3.66%.  We have since learned that this attrition rate is incorrect as this does not include the number of agents who leave DS for other federal agencies.

According to the State Department’s recently published data, the average annual attrition rate for security officers between 2011-2015 is 58 employees. This is the highest among Foreign Service specialists, by the way, followed by Office Management Specialists (OMS).  With a total force of approximately 2,000 special agents (including nearly 800 special agents posted in regional security offices at over 250 posts worldwide) that makes the average attrition rate in the last five years at 2.9%. The State Department projected that it will have an overall attrition of 296 (retirements and non–retirements) from FY2016 to FY2020; an annual average the next five years of 59 individuals or 2.9%. Note that since we’re using approximate and not the exact number of security officers, these numbers may be slightly off.

The departures for the U.S. Marshals Service would certainly spike that attrition number.  The USMS departures if/when concluded this year would already constitute 55% of the average annual attrition rate and could bump up this year’s attrition rate to 4.4%.  Except that if unconfirmed reports are true, these departures could go higher.  Apparently, there are also agents taking GS-9 and GS-10, entry-level positions with other law enforcement agencies.  We believed that the largest pool of security officers is in the  FS-03 rank which is equivalent in pay to GS-12/13. So if true that folks are taking a pay cut just so they could transfer to other agencies, there’s an even bigger problem at play here. Also how Diplomatic Security handle these departures could potentially have an impact on its projected attrition in the next five years.

ds-attrition-number

via state.gov

 

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Why no appropriate staffing for High Threat Posts? Here is one answer; you may not like it!

Posted: 3:14 pm PT

Updated: 9:25 pm EST
HTP/Africa #1:  One high threat post in Africa should have 3 Regional Security Officers (RSOs).  One rotated out of the position with no replacement. Then there were 2 RSOs. One went on medical evacuation. Then there was 1 RSO. “D.C. Has sent some TDY support when they can, but another permanent RSO is not coming for months.”

Updated: Oct 16, 2016 6:55 pm EST
HTP/Africa #2:  Serving at an HTP Africa post and our Regional Security Office is understaffed and has been for ages. For a while we had the ARSO as our only full time RSO with a lot of TDY coming through but we never had the mandated three RSOs in the office. It would seem the ARSO is good at their job but don’t we deserve an actual RSO at the helm if we are a High Threat Post?

Last week, we received a Burn Bag asking, “Why are our most threatened missions not getting appropriate security staffing?” We are reposting the Burn Bag item below:

“Someone  needs to ask DS leadership why the bureau with the greatest growth  since Nairobi and Benghazi is not fully staffing it’s positions at High Threat  Posts.  I mean DS created an entire new office to manage High Threat posts so  why are our most threatened missions not getting appropriate security staffing? At my post, which is designated as Hight Threat, the two ARSO positions have  been vacant for more than a year.   I understand from colleagues that numerous  other posts have similar significant security staffing gaps.  DS agents leaving for agencies (as reported by Diplopundit) is not going to help what appears to be a significant DS personnel shortage.  Does DS  or the Department have a plan to fix whatever the issues are?”

One reason why Diplomatic Security is not fully staffing its vacancies at High Threat Posts maybe that it is refusing to panel agents who came back through the reinstatement process. Even if those agents have apparently told DS that they are willing to fill these critical need vacancies.

We are now just learning that prior to this mass departures of DS agents for the U.S. Marshals Service (where there was a warning that departing agents will not be allowed back) Diplomatic Security has already refused to panel agents who came back to Diplomatic Security through the reinstatement process. We understand that the Bureau of Human Resources has processed these employees for reinstatement, but Diplomatic Security is refusing to panel the reappointed employees for High Threat priority staffing positions where there are unfilled positions. For those not in the FS, an Assignment Panel is established for the  purpose of reviewing the bids and qualifications of employees for assignment to domestic and overseas positions, and make recommendations on who should go where.

So there are HTP posts with vacancies, there are folks willing to go, but DS refuses to consider these folks for the HTP vacancies. Does that even make sense? We would loved to have Diplomatic Security elaborate their thinking on this. No, not because we are nosy but because even insider folks cannot make heads or tails of what’s going on. And because we have reporting from at least one HTP post saying hey, we are in an HTP post and our two vacancies for security officers have been unfilled for over a year!  Over a year! How many other HTP posts are in a similar pickle? We are collecting information on how many HTP posts  have not been fully staffed. Contact us here.

 

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POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad Bob

Posted: 1:47 am ET

 

On October 5, President Obama issued a Presidential Memorandum on Promoting Diversity and Inclusion in the National Security Workforce. Below is an excerpt:

Currently, more than three million military and civilian personnel in the U.S. Government are engaged in protecting the country and advancing our interests abroad, through diplomacy, development, defense, intelligence, law enforcement, and homeland security.  In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.

While this data does not necessarily indicate the existence of barriers to equal employment opportunity, the Presidential Memorandum outlines a number of actions that will allow departments and agencies to better leverage the diversity and inclusion of the federal workforce, consistent with the existing merit system and applicable law, including:

#Collection, analysis, and dissemination of workforce data: Data is an essential tool to help departments and agencies identify workforce talent gaps, assess the efficiency and effectiveness of their diversity and inclusion efforts, and promote transparency and accountability. The memorandum provides guidance for departments and agencies to make key workforce data available to the general public, provide an annual report to their leadership and workforce on the status of diversity and inclusion efforts, expand the use of applicant flow data to assess the fairness and inclusiveness of their recruitment efforts, and identify any additional demographic categories they recommend for voluntary data collection.

#Provision of professional development opportunities and tools consistent with merit system principles: Providing access to professional development opportunities consistent with merit system principles is a key element to retaining and developing a diverse and inclusive workforce. The memorandum directs departments and agencies to engage their workforce through regular interviews to understand their views on workplace policies and why they choose to stay or leave, prioritize the expansion of professional development opportunities including programs specifically designed to develop the next generation of career senior executives, and implement a review process for decisions related to certain assignment or geographic restrictions.

# Strengthening of leadership engagement and accountability: The memorandum recognizes the critical role that senior leadership and supervisors play in fostering a diverse and inclusive workforce and cultivating talent consistent with merit system principles. It encourages departments and agencies to reward and recognize efforts by senior leaders and supervisors to participate in mentorship, sponsorship, and recruitment; to disseminate voluntary demographic data for external committee and boards that advise the leadership of an agency; and to expand the provision of training on implicit or unconscious bias, inclusion, and flexible work policies.

The full text of the memo is available here.

The State Department’s top HR person Arnold Chacon forwarded President Obama’s message to agency employees encouraging them to read the memo and learn of government-wide efforts:

Today the President issued a new Presidential Memorandum providing guidance on the implementation of policies to promote diversity and inclusion in the national security workforce. Under the leadership of Deputy Secretary Higginbottom the Department has been an integral part of this effort. It’s consistent with our values and the principles enshrined in the Foreign Service Act of 1980 and other legislation. As outlined in the QDDR under Secretary Kerry’s leadership, we’ll continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.

I believe strongly that we have no greater resource than our people. As the face of America to the world, we have a responsibility to ensure the Department’s workforce reflects our nation’s richness and diversity. I encourage you to read the White House fact sheet below and the Presidential Memorandum to learn more about government-wide efforts to strengthen diversity and inclusion at all levels.


Waaaaa! When the State Department sounds like Baghdad Bob!

The statement says, this has been so “consistent with our values and the principles enshrined in the Foreign Service Act of 1980” that it was impossible to pry the gender and diversity data from the State Department (a 2013 stats was made available to AFSA). For years we’re been looking at the State Department to make available publicly its diversity statistics, most particularly the gender and race component of its promotion statistics (see related posts below). Somebody from Secretary Kerry’s office once told us he would look into it and then we never heard anything back despite periodic reminders.  Data is available annually, just not available publicly.

Last April 2016, the Senate passed a bill (introduced in June 2015) that would require the State Department to report on diversity recruitment, employment, retention, and promotion.  That same month, just days before the Senate passed S.1635, the State Department dumped online its promotion data for 2015 (see @StateDept Dumps Online the 2015 FS Promotion Statistics Including Diversity Data, Have a Look!). The way HR presented this data –particularly the one on diversity and cone — is enough to give you migraine.  But what happened to the previous years’ data? Is the State Department going to wait until Congress forces it to publish promotion data going back three fiscal years?

Patricia Kushlish of WhirledView wrote two posts Lies, Damned lies and non-comparable statistics: reporting diversity at the State Department and More than Undiplomatic Moments: State’s Diversity Record Remains Behind a Hard Line that are both worth a read.

 

Talking the Talk, But Where’s the Walk?

The DGHR cites “the leadership of Deputy Secretary Higginbottom” his boss’s boss and the State Department as “an integral part of this effort.” He further cites “the QDDR under Secretary Kerry’s leadership” as the State Department “continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.”

Look, first — remember back in 2014 we posted about FSO Margot Carrington’s paper on Advancement for Women at State: Learning From Best Practices? That report was written during a sabbatical sponsored by the Una Chapman Cox (UCC) Foundation and the State Department (see Advancement for Women at the State Department: Learning From Best Practices). The paper includes multiple recommendations including the collection of detailed attrition data and exit interviews to better understand the factors leading to attrition/retention; training and other assistance to women to help them learn to network more effectively and solicit sponsors to help them in their career development and advancement; mitigating unconscious bias; mentoring requirement for all SFS officers and making them accountable for their performance as mentors, to cite a few. Wasn’t the State Department’s “integral” participation in this WH effort informed by the report done by Ms. Carrington? Yes? No? Never heard of it?

WhirledView once asked, “Why is it that Foreign Service recruitment is able to recruit entry level classes that are far more representative of the American population as a whole but the further an individual advances up the career ladder the fewer the women and minorities are found.”  That is a really good question and top officials at State should be able to answer that. And what would have been most useful in that DGHR statement?  Had DGHR included information on what the State Department has done or is planning to do in support of promoting diversity and inclusion. What programs and accommodations is it doing to improved D&I at the agency?  Since the State Department was an “integral” part of President Obama’s effort why not talk about what is the State Department doing in terms of collection, analysis, and dissemination of workforce data? What is it doing in support of strengthening leadership engagement and accountability?   What is it doing in support of  professional development to improve opportunities for women and promote a more diverse leadership?

Because after reading and admiring the government-wide D&I efforts–  then what?

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