Is @StateDept Suppressing the IG Report on Protocol Officials? What’s Happening to the Whatchamacallits @StateOIG?

The least surprising thing about this report is that a State Department spokesperson strongly defended Henderson and attacked the inspector general. Have you heard the Acting State/OIG Matthew Klimow offer any defense for his people or their work product? We have not. Is A/IG going to say he does not comment on leaked reports? But since there is no plan to release this report apparently, there is also no reason to offer a defense? Is that it? But wait, the State Department has commented on the leaked report and has attacked the inspector general office. Is that how this works?
The State Department spokesperson also shared testimonials purportedly from three unnamed State Department officials (they all have nice things to say!). Also, the spokesperson shared a lengthy comment from one of Pompeo’s two BFFs in Foggy Bottom, Counselor Ulrich Brechbühl.
HuffPost notes that “No part of the State Department’s response directly refuted the idea that Henderson regularly drank to excess on the job.”
If you remember, in November 2019, State/OIG also released a report on the Review of Allegations of Politicized and Other Improper Personnel Practices Involving the Office of the Secretary.  The State Department’s response includes Brian Hook’s 8-page response as well as an official response by  you guess it — Counselor Ulrich Brechbühl who wrote: “The Department disagrees with the finding in the report that improper considerations played a role in the early termination oof Employee One’s detail. The report ignores the compelling evidence provided by Brian Hook that his personnel decision in this matter was actually made prior to any of the non-merit factors being brought to his attention, and that the decision was mad for entirely professional and lawful reasons.”
Hey, isn’t this the same office that stayed quiet as mouse when career professionals were attacked by political characters, particularly last year?
Wondering why parts of this report kept getting leaked. Some questions though.
Is the State Department suppressing this IG report?
On what grounds? Hurt feelings?
Is the Acting State/OIG Matthew Klimow now allowing the State Department to decide which of the IG reports can be made public?

So what’s happening to the whatchamacallit …. the Linick-era investigations of you know who? Shhhhhh!  Shhhh!!! Keep it low. Top aides knew about it, but they were so bad they never bothered to tell their boss they knew the name of the fella in the IG’s crosshairs and then surprise, the former IG got fired and prevented from returning to his office. And they could not keep their excuses for the IG firing  in a straight line, the excuses kept toppling over like drunken sailors on liberty call. Then you know some staffers left or got fired. Then, the replacement guy quit. And then a career person stepped in, but then got replaced. Again.  So what’s happening to the whatchamacallits …. go ahead, tell us, just whisper….

American Oversight Calls on @US_OSC and @StateOIG to Investigate Pompeo’s Email Rush Before the Election #WSOS

 


 

 

 

State/OIG: EUR’s Workforce Diversity Data-Below Department Averages #42outof43

 

Via State/OIG:

 

State/OIG Questions $201.6M in AF’s Trans-Sahara Counterterrorism Partnership Spending

 

Via State/OIG:

“AF is not monitoring TSCTP contracts in accordance with Federal and Department requirements. Specifically, OIG found that contracting officer’s representatives (COR) had approved invoices for four contracts without adequate supporting documentation. In addition, they relied on Department of Defense (DoD) partners to monitor contractor performance; however, these DoD partners were not delegated authority to serve in this role, nor were they trained to be government technical monitors or alternate CORs. Furthermore, none of the six TSCTP contracts reviewed had the required monitoring plans, and five contracts were missing Government quality assurance surveillance plans; both plans are essential oversight tools. Lastly, AF was not ensuring that the assistance provided to the host countries was being used to build counterterrorism capacity. AF officials stated that the lack of clear guidance and limited staff contributed to these weaknesses. Because of these weaknesses, OIG considers the $201.6 million spent on these six contracts as potential wasteful spending due to mismanagement and inadequate oversight. OIG is specifically questioning almost $109 million because the invoices lacked supporting documentation. With respect to the grant and cooperative agreement reviewed, both had required monitoring plans included in the files.

OIG also found that AF is not effectively coordinating with stakeholders to execute a whole-of-government initiative. Although TSCTP partner agencies meet to formulate strategic priorities, the execution of activities among the partners in the host countries receiving assistance is insufficient. For example, U.S. Air Force officials said they were not consulted on the plans and construction of a C-130 aircraft hangar on a base that they share with the Nigerian military. Government officials stated that undefined roles and responsibilities, the lack of knowledge management, and staffing shortfalls hinder effective coordination.

The deficiencies identified in this audit have occurred, in part, because AF has not adequately attended to longstanding challenges with the execution of foreign assistance, including the TSCTP. AF officials acknowledged the lack of progress made to address these challenges but stated that the Department has not appropriately prioritized the bureau’s needs. Until these deficiencies are addressed, the Department will have limited assurance that TSCTP is achieving its goals of building counterterrorism capacity and addressing the underlying drivers of radicalization in West and North Africa.”

Snapshot: Top Five Bureaus & Posts With the Highest Number of Sexual Harassment Complaints (2014-2017)

Via State/OIG:

Related post:
State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

 

 

 

EEOC: Denial of Reasonable Accommodation Found

Via EEOC:

Denial of Reasonable Accommodation Found.

Jona R. v. Dep’t of State, EEOC Appeal No. 0120182063 (Jan. 23, 2020).

Complainant filed an EEO complaint alleging that she was discriminated against on the basis of disability when she was not provided with a reasonable accommodation of situational telework as her medical circumstances required. Complainant had been teleworking for several years, but her telework agreement expired. According to the record, Agency managers repeatedly asked Complainant to resubmit her request or provide additional information over a period of several months. Approximately six months after Complainant requested accommodation, the Agency informed Complainant that she could telework on Mondays, Wednesdays, and Fridays and would have a one-hour window to report her duty station to her supervisor on those days. The Commission found that the Agency discriminated against Complainant when it did not approve her request for situational telework. The Agency acknowledged that Complainant was a qualified individual with a disability. Complainant demonstrated that she needed to be able to telework when she experienced symptoms related to her condition, and these symptoms occurred without notice and were not limited to the three days specified. Therefore, the Agency’s offer, which was essentially the same telework schedule Complainant had before she requested reasonable accommodation, was not an effective accommodation. The Commission found that the Agency failed to prove it would have been an undue hardship to allow Complainant to telework when her medical conditions warranted.  The Agency was ordered, among other things, to provide Complainant with the ability to situationally telework, restore any lost leave or pay, and investigate her claim for compensatory damages.
Jona R. v. Dep’t of State, EEOC Appeal No. 0120182063 (Jan. 23, 2020).

HFAC Chairman Calls Out @StateDept For ‘Temper Tantrum’ Over Canceled Hill Briefings

 

@StateDept Skirts Thresholds in Arms Transfers to Saudi Arabia and UAE, Avoids Congressional Notifications

 

On August 10, a Senior State Department official held an on-background briefing on State/OIG’s  still unreleased report of the May 2019 Emergency Certification for Arms Sales to Saudi Arabia, UAE, and Jordan.
The State Department also released a statement Inspector General Confirms No Wrongdoing in Emergency Arms Sales to Counter Iran, The Secretary’s “Emergency Certification Was Properly Executed” and “Complied with the Requirements” of Law.
The cover memo to Pol-Mil that accompanied the IG report dated August 10 says that “OIG will distribute a copy of this report to Congress and post a redacted version of this report on OIG’s public website within 2 business days.” Then the agency basically Bill Barred the IG report, putting a fine spin on the IG report, most likely expecting a couple of days of most favorable headlines.
State/OIG posted the report online on Tuesday, August 11. But nice try by Foggy Bottom’s spin-doctors. Now folks got to read the actual report though a redacted one. The IG report says that “In a memorandum dated July 27, 2020, the Department asserted that its requested redactions were necessary to protect executive branch confidentiality interests and, further, stated its position that the Secretary “has the authority to direct the OIG not to disclose privileged information, and the Department may do so without any final assertion of executive privilege.”
Well, not only redactions from the public report, but a more extensive redactions from the classified report that they also want to withhold from the Congress:

“On August 5, 2020, the Department provided its redactions to OIG’s report. Although the Department withheld relatively little information in the unclassified portion of the report,4 it withheld significant information in the classified annex necessary to understand OIG’s finding and recommendation.”
[…]
“Department asserted that the redactions made to the classified annex should be withheld from Congress because the underlying information implicates “executive branch confidentiality interests, including executive privilege.”

But see, if the State Department could assert any redaction for State/OIG’s work products, including in the classified annex to be withheld from Congress, what’s to keep Pompeo from asserting the same thing over IG investigations related to him, his wife, or any other senior officials?
It’s high time for the Council of the Inspectors General on Integrity and Efficiency (CIGIE) to go in and take a look at the State Department given the circumstances of the Linick firing, the abrupt resignations of the acting State OIG, as well as the dismissal of other IGs in multiple agencies. Starting with the State Department, CIGIE can then “address the integrity, economy, and effectiveness issues that transcend individual Government agencies.”
Summary of Review of Arms Transfers

“In response to congressional requests, OIG reviewed the Department of State’s (Department) role in arms transfers to the Kingdom of Saudi Arabia and the United Arab Emirates following the Secretary’s May 2019 certification that an emergency existed under Section 36 of the Arms Export Control Act (AECA). 2 The Secretary’s emergency certification3 waived congressional review requirements for 22 arms transfer cases to the Kingdom of Saudi Arabia, the United Arab Emirates, and the Hashemite Kingdom of Jordan,4 with a total value of approximately $8.1 billion. Congress had previously placed holds5 on 15 of the 22 arms transfer cases included in the May 2019 emergency certification. At the time the Secretary certified the emergency, 6 of the 15 cases had been held by Congress for more than a year. The held cases included at least $3.8 billion in precision-guided munitions (PGMs) 6 and related transfers. In explaining the decision to place the holds, members of Congress cited concerns about the actions of the Saudi-led Coalition (Coalition)7 in Yemen since 2015, including high rates of civilian casualties caused by Coalition airstrikes employing U.S.- supplied PGMs.

For this review, OIG examined the process and timeline associated with the Secretary’s May 2019 use of emergency authorities contained in the AECA. OIG also evaluated the Department’s implementation of measures designed to reduce the risk of civilian harm caused by Saudi-led Coalition military operations in Yemen and analyzed Department processes for reviewing arms transfers that do not require notification to Congress. 8 The AECA affords the President or Secretary considerable discretion in determining what constitutes an emergency. Moreover, the AECA does not define the term “emergency.” Accordingly, OIG did not evaluate whether the Iranian malign threats cited in the Secretary’s May 2019 certification and associated memorandum of justification constituted an emergency, nor did OIG make any assessment of the policy decisions underlying the arms transfers and the associated emergency.

OIG determined that the Secretary’s emergency certification was executed in accordance with the requirements of the AECA. However, OIG also found that the Department did not fully assess risks and implement mitigation measures to reduce civilian casualties and legal concerns associated with the transfer of PGMs included in the May 2019 emergency certification.9 In addition, OIG found the Department regularly approved arms transfers to Saudi Arabia and the United Arab Emirates that fell below AECA thresholds that trigger notification to Congress. These approvals included items such as PGM components on which Congress had placed holds in cases where the transfers reached the thresholds requiring congressional notification. However, the AECA does not require the Department to notify Congress if it approves transactions below those thresholds specified in the law. OIG issued one recommendation to the Department in a classified annex10 that accompanies this report.”

Wait, the “emergency certification was executed in accordance with the requirements of the AECA” but the OIG made no evaluation whether it was an emergency?  So, that’s something. Was this the same position taken by the former IG Steve Linick?
Per footnote:

Sections 36(b)(1), 36(c)(1), and 36(d)(1) of the Arms Export Control Act (22 U.S.C. § 2776) specify the types of arms transfers that must be notified to Congress. For example, transfers to countries other than NATO members, Japan, Australia, the Republic of Korea, Israel, or New Zealand of major defense equipment in excess of $14 million and non-major defense equipment in excess of $50 million must be notified to Congress.

4,221 Below-Threshold Arms Transfers Estimated at $11.2 Billion

OIG reviewed Department records on approved arms transfer cases involving Saudi Arabia and the United Arab Emirates that fell below the AECA thresholds that trigger notification to Congress.41 The records show the Department approved a total of 4,221 below-threshold arms transfers involving Saudi Arabia and the United Arab Emirates, with an estimated total value of $11.2 billion since January 2017. Components of PGMs were among the below-threshold transfers to Saudi Arabia and the United Arab Emirates approved during this period. Although the Department approved below-threshold transfers of PGM components as early as January 2017, the Under Secretary for Arms Control and International Security notified the Secretary in 2018 and 2019 that the Department intended to proceed with additional below-threshold approvals notwithstanding congressional holds on larger, above-threshold transfers of similar items.

So basically, the State Department did separate below threshold arms transfers to Saudi Arabia and UAE and avoided the required congressional notifications. Apparently, it will continue to do so despite congressional holds on similar items.
Looks like the State Department is daring Congress to do something about this. Here’s Pompeo also touting full “vindication.”

Also on August 11, Politico’s tireless reporter Nahal Toosi covering the State Department published a copy of the same OIG report, unredacted.
The unredacted document is posted here labeled in red “FOR INTERNAL U.S. GOVERNMENT/COMMITTEE USE ONLY – NOT FOR PUBLIC RELEASE MAY NOT BE FURTHER DISCLOSED WITHOUT CONSENT OF THE DEPARTMENT OF STATE.  Wow! Now you can see which part of the public report, the State Department asserted the public should not see (it has to do with the timeline of the emergency declaration and the bureau involved. And oh, money, money, money).

OIG Issues Recommendation For US Embassy London: EUR Says Nah! Y’all Can Just View Workplace Harassment Videos

The long awaited OIG report on US Embassy London was finally released on August 12 (PDF). The inspection was conducted from September 3 to December 9, 2019. Copies of the draft report were furnished to “Department stakeholders” including the EUR bureau and the US Embassy in London. The report does not say when this draft report was sent out for comments. It also does not indicate if it sent a copy of this draft report to the Under Secretary for Management and Pompeo BFF Brian Bulatao. The State Department left a Senior Bureau official in EUR to respond on behalf of State Department Management.
Late April. According to the Project On Government Oversight (POGO), the inspection report went to US Embassy London for comment (see Watchdog Firing Came Amid Probe of Trump’s Friend, the U.S. Ambassador in London).
On Friday, May 15, 2020,  the Senate-confirmed OIG Steve Linick was fired  (Trump to fire State/OIG Steve Linick who is reportedly investigating Pompeo). NYT reported that Linick has been locked out of his office, despite a law mandating a 30-day waiting period for Congress to raise objections.
May 15, 2020, the President appointed Stephen Akard as Acting Inspector General (PDF).
On May 27, 2020, the US Ambassador to London Woody Johnson wrote a memo to the OIG Assistant Inspector General for Inspections Sandra Lewis in response to the draft report.
June 4, 2020: Acting OIG Stephen Akard informed Congress that he stepped away from OFM operations and is recused on “all matters related to OFM”, “matters I worked on”, and matters involving individuals he know personally (PDF).
On July 1, 2020, the EUR Bureau’s Senior Official Philip Reeker (they’ve given up on having a Senate-confirmed assistant secretary) responded to the draft report according to State/OIG.  Reeker’s memo sent to State/OIG Sandra Lewis , appended to the OIG report, does not include the date it was written, and contains just one paragraph in response to OIG’s Recommendation 1. The EUR bureau did not even bother to respond to OIG Recommendation 9 related to the $31.5 million deficit in the the defined benefit pension plan for the LE staff of US Mission London.
August 5, 2020: Politico reported that Acting OIG Stephen Akard has resigned and not expected to return to the office for the remainder of the week.
August 7, 2020: Acting Inspector General Stephen Akard officially resigned from his position (PDF).
On August 12, 2020, State/OIG under Acting IG – Diana R. Shaw (deputy to Linick, then Akard) released its report of US Embassy London, omits from its front page summary the topics that merited the longest response from both the EUR bureau and the ambassador. Should be interesting to see what that draft report looked like. Excerpt below from publicly available OIG report (PDF):

Tone at the Top and Standards of Conduct

The Chief of Mission, a first time, non-career ambassador, arrived in August 2017 and presented his credentials to Her Majesty Queen Elizabeth II in November 2017. From New Jersey, he was a businessman and philanthropist. The DCM, a career Senior Foreign Service officer, arrived in January 2019 following an assignment as acting Deputy Assistant Secretary for Egypt and North Africa. Prior to that, she had multiple domestic and overseas assignments, principally in or involving the Near East.

When the Ambassador arrived at Embassy London in late summer 2017, he assumed responsibility from the previous DCM who had served as Chargé d’Affaires for approximately 7 months. OIG learned that the relationship between the Ambassador and the former DCM deteriorated during the year that they worked together, affecting mission morale and ending in the DCM’s reassignment. Based on interviews with embassy staff, OIG concluded that the Ambassador did not always model the Department’s leadership and management principles as contained in 3 Foreign Affairs Manual (FAM) 1214 and, in particular, 3 FAM 1214b(4) and (6) regarding communication and self-awareness. For example, some embassy staff told OIG that when the Ambassador was frustrated with what he interpreted to be excessive staff caution or resistance to suggestions about which he felt strongly, he sometimes questioned their intentions or implied that he might have them replaced. This caused staff to grow wary of providing him with their best judgment. With the arrival of the current DCM, chosen by the Ambassador, staff generally reported to OIG that they saw better communication from the Front Office and an increased confidence from the Ambassador in the mission’s staff.

OIG also found that some staff were impacted by the Ambassador’s demanding, hard driving work style and it had a negative effect on morale in some embassy sections. In addition, OIG learned, through employee questionnaires and interviews, that the Ambassador sometimes made inappropriate or insensitive comments on topics generally considered Equal Employment Opportunity (EEO)-sensitive, such as religion, sex, or color. According to 3 FAM 1526.1, offensive or derogatory comments, based on an individual’s race, color, sex, or religion, can create an offensive working environment and could potentially rise to a violation of EEO laws. Based on the information that OIG learned during the inspection, and pursuant to the requirements in 3 FAM 1526.2, a more thorough review by the Department is warranted.

Recommendation 1:

The Bureau of European and Eurasian Affairs, in coordination with the Office of Civil Rights, should assess the Chief of Mission’s compliance with Department Equal Employment Opportunity or leadership policies and based on the results of the review, take appropriate action. (Action: EUR, in coordination with S/OCR)

Washington interlocutors plus “coffee and donuts”

At the time of the inspection, OIG interviews indicated that both the Ambassador and the DCM modeled 3 FAM 1214 attributes of strategic planning and decisiveness. The Ambassador advised the embassy staff on the importance of spending U.S. taxpayer monies wisely, and he and the DCM practiced proper procedures with respect to receipt of gifts. Both mission employees and Washington interlocutors told OIG the Ambassador was reaching out to U.S. direct-hire and LE staff in an effort to know them better, to convey his appreciation for their work, and to continue to familiarize himself with the many aspects of the complex, multiagency mission he was leading. OIG also learned of several efforts by the Ambassador to engage with his staff, including an event at his residence, Winfield House, for LE staff with 30 years or more of service. He also invited staff to join him for informal “coffee and donuts” gatherings in the embassy. Staff and senior Washington interlocutors told OIG they were encouraged by the constructive and effective partnership formed between the Ambassador and the DCM.

Johnson’s Response to Recommendation 1, May 27, 2020 Memo to OIG:

During my tenure as U.S. Ambassador to the United Kingdom and indeed for the entirety of my professional life, I have respected both the law and the spirit of EEO principles and have ensured that all employees under my direction do the same. If I have unintentionally offended anyone in the execution of my duties, I deeply regret that, but I do not accept that I have treated employees with disrespect or discriminated in any way. My objective is to lead the highly talented team at Mission UK to execute the President’s policies and to do so in a way that is respectful of our differences, with zero tolerance for discrimination of any kind. I believe that team cohesion in our mission is better than ever and as is stated in the OIG report’s narrative, that I have taken extensive measures to get to know all of the staff and thank them for their contributions. I am especially proud of how the Mission UK team has handled these challenging times of COVID-19.

In order to address the concerns documented in your report, perceived or real, I have reviewed an S/OCR course on discrimination in the workplace and have instructed the entire Mission UK country team to do the same, with 100% compliance by the end of May. I respectfully disagree with Recommendation 1 and ask that the OIG consider the absence of any official complaints against me during my three year tenure and the generally positive tone of the OIG report on Mission UK before including the recommendation in the final report and concluding that my actions have negatively affected morale.

Management Response (State/EUR) to Recommendation 1, Memo to OIG:

In its July 1, 2020,2 response, the Bureau of European and Eurasian Affairs disagreed with this recommendation. The bureau stated, that given the concern expressed, the Ambassador has viewed the Office of Civil Rights video on workplace harassment and has instructed all section and agency heads to do the same. He has also encouraged all staff to take the Foreign Service Institute training on mitigating unconscious bias. The bureau also represented that the Ambassador “is well aware of his responsibility to set the right tone for his mission and we believe his actions demonstrate that.” Accordingly, the bureau reported it did not believe a formal assessment was required, but proposed that, in coordination with the embassy, it would instead work with the Office of Civil Rights to provide advice and additional training to all staff, including the Chief of Mission, to heighten awareness on these important issues.

Here is the full undated response from the bureau via State/OIG:

OIG Reply to EUR’s response: SIR! Have you meet your obligations under 3 FAM 1526.2, SIR?

OIG considers the recommendation unresolved. OIG acknowledges the actions that the mission has taken with regard to training of staff and the stated bureau proposal to work with the Office of Civil Rights to provide advice and additional training to all staff. These actions, however, do not address the recommendation which calls for an assessment of Chief of Mission compliance with Department Equal Employment Opportunity or leadership policies. The recommendation can be closed when OIG receives and accepts documentation that the Bureau of European and Eurasian Affairs has met its obligations under 3 Foreign Affairs Manual (FAM) 1526.2.

Read on:
3 FAM 1526.2 The Department’s Responsibilities Under This Policy
[Under 3 FAM 1520 – NON-DISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, OR RELIGION]
(CT:PER-631;   12-14-2010)
(State) (Foreign Service and Civil Service Employees)

a. If the Department receives an allegation of discriminatory harassment, or has reason to believe such harassment is occurring, it will take the steps necessary to ensure that the matter is promptly investigated and addressed.  If the allegation is determined to be credible, the Department will take immediate and effective measures to end the unwelcome behavior.  The Department is committed to taking action if it learns of possible discriminatory harassment, even if the individual does not wish to file a formal complaint.

b. The Office of Civil Rights (S/OCR) is the main contact point for questions or concerns about discriminatory harassment.  S/OCR is responsible for investigating or overseeing investigations of alleged discriminatory harassment.  S/OCR is committed to ensuring that all investigations are conducted in a prompt, thorough, and impartial manner.

c.  Supervisors and other responsible Department officials who observe, are informed of, or reasonably suspect incidents of possible discriminatory harassment must immediately report such incidents to S/OCR, which will either initiate or oversee a prompt investigation.  Failure to report such incidents to S/OCR will be considered a violation of this policy and may result in disciplinary action.

d. S/OCR will provide guidance as needed on investigating and handling the potential harassment.  Supervisors should take effective measures to ensure no further apparent or alleged harassment occurs pending completion of an investigation.

e. The Department will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).  The Department will also take the necessary steps to protect from retaliation those employees who in good faith report incidents of potential discriminatory harassment.  It is a violation of both Federal law and this policy to retaliate against someone who has reported unlawful harassment.  Violators may be subject to discipline.

f.  Employees who have been found by the Department to have discriminatorily harassed others may be subject to discipline or other appropriate management action.  Discipline will be appropriate to the circumstances, ranging from a letter of reprimand to suspensions without pay to separation for cause.  A verbal or written admonishment, while not considered formal discipline, may also be considered.

So, who you gonna call? 
Dammit, the Ghostbusters!

 

Former Congressman Mike Pompeo Rejects Congressional Subpoenas