If @StateDept Refuses to Spend $80M Appropriated Funds, Could It End Up in Court? #GAO

Posted: 3:48 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

Last month, we wrote about the 1974 Congressional Budget and Impoundment Control Act; the Act  inspired by then President Nixon’s refusal to disburse nearly $12 billion of appropriated funds by Congress.

Today, Politico is reporting that Secretary Tillerson is resisting the pleas of State Department officials to spend nearly $80 million allocated by Congress for fighting terrorist propaganda and Russian disinformation.

“It is highly unusual for a Cabinet secretary to turn down money for his department. But more than five months into his tenure, Tillerson has not issued a simple request for the money earmarked for the State Department’s Global Engagement Center, $60 million of which is now parked at the Pentagon. Another$19.8 million sits untouched at the State Department as Tillerson’s aides reject calls from career diplomats and members of Congress to put the money to work against America’s adversaries.”

The $60 million will expire on Sept. 30 if not transferred to State by then, current and former State Department officials told POLITICO.
[…]
Last month, Republican Sen. Rob Portman of Ohio pressed Deputy Secretary of State John Sullivan on whether Tillerson considers the Global Engagement Center a priority and urged that hiring caps be lifted so the center can expand.

We anticipate that Congress could allocate more funds for the State Department than requested by the Trump Administration.  Given that the Administration has proposed some 30% cuts in its own request, it will be worth watching what Tillerson will do with the bulk of appropriated funds that the Administration did not ask for. The reported $80 million for the State Department’s Global Engagement Center that the State Department has not released could be the first test.

The State Department could violate the 1974 Impoundment Control Act (ICA) if it refuses to obligate funds for policy reasons without President Trump sending a special message to both Houses of Congress.  It is also considered a violation is if it sets aside funds or intentionally slows down spending, or if it proposes a deferral but the timing is such that funds could be expected to lapse before they could be obligated.

Under ICA, an impoundment is any action or inaction by an officer or employee of the federal government that precludes obligation or expenditure of budget authority.  The Act applies to salaries and expenses appropriations as well as program appropriations.

The Impoundment Control Act of 1974 (ICA) provides authority for agencies to “impound” or withhold the obligation of funds in certain circumstances. There are two ways for withholding funds, through a deferral or through proposed rescission. In both both cases, the President is required to send a “special message” to the House and the Senate specifying the following:

(1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved;
(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved;
(3) the reasons why the budget authority should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and
(5) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the pro- posed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided.

A deferral is used if the President wants to temporarily withhold obligation of funds (but not beyond the end of the fiscal year). A rescission is used if the President wants to permanently withhold funds from obligation and for Congress to cancel the budget authority (before that authority would otherwise expire). The latter can be accomplished only through legislation.

The GAO’s Principles of Federal Appropriations Law notes that “The President is authorized to withhold budget authority that is the subject of a rescission proposal for a period of 45 days of continuous session following receipt of the proposal. Unless Congress acts to approve the proposed rescission within that time, the budget authority must be made available for obligation.”

Since Congress is on break in August, and the fiscal year ends on Sept 30, we don’t think there’s enough time to notify Congress of the rescission if that’s something the State Department is considering for the $80 million GEC funds.

So what happens if an agency withholds appropriated funds, and refuses to spend it?

Continue reading

SFRC Clears Nine Ambassador Nominations, Two @StateDept Nominees, and Five Foreign Service Lists

Posted: 3:45 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On July 27, the Senate Foreign Relations Committee cleared a nine nominees for ambassador positions, and two State Department positions. It also cleared the nominees for ECOSOC and OPIC and five Foreign Service lists.  The Senate was originally scheduled to leave for the August recess on July 28 and return after Labor Day. But the new schedule announced earlier this month will now keep them in Washington until Aug. 11. So there’s a good chance that these nominees will be confirmed by the full Senate before senators leave for their summer break. If that doesn’t happen, the confirmation votes will happen after September 4.

AMBASSADOR NOMINEES

The Honorable Luis E. Arreaga, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Guatemala

Ms. Callista L. Gingrich, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Holy See

Ms. Kelly Knight Craft, of Kentucky, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Canada

Ms. Sharon Day, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica

Mr. Lewis M. Eisenberg, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Italian Republic, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of San Marino

Mr. George Edward Glass, of Oregon, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Portuguese Republic

The Honorable Kay Bailey Hutchison, of Texas, to be United States Permanent Representative on the Council of the North Atlantic Treaty Organization, with the rank and status of Ambassador Extraordinary and Plenipotentiary

Mr. Robert Wood Johnson IV, o New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Kingdom of Great Britain and Northern Ireland

Mr. Krishna R. Urs, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Peru

STATE DEPARTMENT

Mr. Carl C. Risch, of Pennsylvania, to be an Assistant Secretary of State (Consular Affairs)

Nathan Alexander Sales, of Ohio, to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large, vice Tina S. Kaidanow, resigned.

UN/ECOSOC

Ms. Kelley Eckels Currie, of Georgia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador, and to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations

OPIC

Mr. Ray Washburne, of Texas, to be President of the Overseas Private Investment Corporation

FOREIGN SERVICE LISTS

* PN578 FOREIGN SERVICE nominations (164) beginning Nicholas Raymond Abbate, and ending Elizabeth Marie Wysocki, which nominations were received by the Senate and appeared in the Congressional Record of June 6, 2017.

* PN579 FOREIGN SERVICE nominations (106) beginning Gabriela R. Arias Villela, and ending Haenim Yoo, which nominations were received by the Senate and appeared in the Congressional Record of June 6, 2017.

* PN580 FOREIGN SERVICE nominations (4) beginning Andrew Anderson-Sprecher, and ending Evan Nicholas Mangino, which nominations were received by the Senate and appeared in the Congressional Record of June 6, 2017.

* PN581 FOREIGN SERVICE nominations (4) beginning Rameeth Hundle, and ending Loren Stender, which nominations were received by the Senate and appeared in the Congressional Record of June 6, 2017.

* PN730 FOREIGN SERVICE nominations (53) beginning Andrew K. Abordonado, and ending Peter B. Winter, which nominations were received by the Senate and appeared in the Congressional Record of June 29, 2017.

 #

Nomination: Gov. Brownback to be Ambassador For Religious Freedom, and Kansas Says Buh-Bye

Posted: 3:45 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On July 26, President Trump announced his intent to nominate Kansas Governor Sam Brownback to be the U.S. Ambassador-at-Large for International Religious Freedom.  For those who asked, yes, that is a real office. The Office of International Religious Freedom has the mission of promoting religious freedom as a core objective of U.S. foreign policy. The office “monitor religious persecution and discrimination worldwide, recommend and implement policies in respective regions or countries, and develop programs to promote religious freedom.” 

In October 1998, President Clinton signed into law the International Religious Freedom Act, passed unanimously by both the House of Representatives and the Senate. The Act mandated the establishment of an Office of International Religious Freedom within the Department of State, headed by an Ambassador-at-Large who serves as principal advisor to the President and Secretary of State in matters concerning religious freedom abroad.  The Act has been amended a number of times over the years, most recently by the Frank Wolf International Religious Freedom Act, which President Obama signed into law in December 2016 (see 22 U.S. Code Chapter 73).

The Twitters gave him a memorable send-off; here are some of the tweets.

#

SFRC Grills D/S Sullivan About @StateDept FY18 Reauthorization Bill and Reorganizational Plans

Posted: 4:22 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Deputy Secretary John Sullivan appeared before the Senate Foreign Relations Committee on July 18 for a hearing intended to Review the State Department Reauthorization Bill for FY 2018 and the State Department Reorganization Plans. As we expected, the deputy secretary cited the “listening tour” as the “cornerstone” of the agency’s redesign efforts:

In the 21st century, the United States faces many evolving threats to our national security. As the Committee knows well, the State Department – with a workforce of more than 75,000 – must respond to these challenges with the necessary speed and the appropriate resources. In other words, the nature of our work at the State Department demands flexibility and adaptability to an ever-changing world. We ask that the Committee keep this in mind as you continue to evaluate proposals for the Authorization Bill.

We also appreciate the great interest and support the Committee has shown to the Department’s efforts to make our programs and organizations more efficient and effective. The cornerstone of this redesign effort has been the input and feedback received from State Department employees.

Our main take away from watching the hearing is that D/Secretary Sullivan is a more personable and reassuring presence when talking about the State Department and USAID. He comes across as a champion of his agency without contradicting his superiors. He sounded reasonable and accommodating to the requests of the senators. At one point during the hearing, Senator Udall (D-NM) complained that he sent the Department a letter asking for specific information but has not received a response in four months. D/Secretary Sullivan quickly apologized, saying this is the first he’s heard of it, and he will make sure it is acted soonest.

There were lots of concern about the reported merger of State and USAID.  D/S Sullivan assured the senators that there is no predetermination in absorbing USAID to State. He also told Senator Menendez that there is no intention to fold USAID into State. He explained that the merger is a proposal made by people outside of the State Department but that there has not been an intention to absorb USAID to State.

He was also asked about the idea floated by the WH of moving CA and PRM functions to DHS. He told the panel that it is not the intent of the Department to move these functions.  He told the senators that it is something that if it were raised, they would  consider it but that it would be from a position that the two are vital to the mission of the State Department. Senator Shaheen (D-NH) informed him that if this  happens, she would be one of those leading the charge against it.

Senator Udall said the panel need significant oversight language in the bill to ensure that Congress has a say on the reorganization at State. Senator Cardin said that he expect State to implement what Congress has authorized and wanted some some assurance that when Congress passes the appropriation and authorization that it would be carried out. D/S Sullivan assured him that his agency will comply with the law, execute the law, and follow the instructions of Congress.

Special envoys is a big topic for the panel. Apparently there are about 68 special envoys; of that 7 are permissive positions (Congress uses may instead of shall) and 11 are mandated positions.  The senators worry that they all come with large staff. One senator wanted to know — if Congress is the authorizing body, do they have to put these positions in a statute? And should the Senate provide advice and consent for all of them. Senator Corker notes that despite the complaints about the multiple special envoys, Secretary Tillerson had recently appointed a Special Envoy for Ukraine. He notes that if we have somebody working on policy that the individual should go through confirmation.

In addition to the budget request and the reorganization, other topics discussed include diversity, employee welfare (Mission Juba got a mention from Senator Coons), Global Engagement Center (a mention from Senator Portman), morale problems and isolated leadership (Senator Udall’s concerns), hiring freeze, and the Russian diplomatic properties.

Senator Corker closed the meeting with a compliment for D/S Sullivan about the latter bringing a lot to the Department at the time when it is most needed.

#

Trump Nominates Former TX Senator Kay Bailey Hutchison to be Ambassador to NATO

Posted: 3:55 am ET
[twitter-follow screen_name=’Diplopundit’]

 

 

#

Notable Details From Tillerson’s Congressional Appearances on FY18 Budget Request

We have been a reader-supported blog since 2014. We want to keep this blog as open as possible and that’s the reason we don’t have a subscription fee. You know best whether our work is of value to you or not. If it is, and if your circumstances allow it, we could use your help to carry on for another year: Help Diplopundit Get to Year 10 ⚡️
Posted: 2:55 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Secretary Tillerson appeared on the Hill for hearings on the FY2018 State Department Budget Request, the first under the Trump Administration. On June 13, he appeared before the Senate Foreign Relations Committee (see video here), and later that same day, he was before the Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs (see video here). On June 14, Secretary Tillerson also appeared before the full House Foreign Relations Committee (HFAC) to talk about the Trump budget request for the State Department.  During the HFAC hearing, Representative Eliot Engel told Secretary Tillerson that “a member of your staff informed my staff that the reorganization you’re planning  of the State Department will require statutory changes ….”

Should be interesting to find out what kind of changes Tillerson is seeking from Congress in restructuring the agency.  Are we going to see the merging of some functional bureaus? Geographical bureaus realigned to mirror DOD’s combatant commands? Post closures? A new under secretary position swapped for a different one? A brand new mascot to improve morale?

Below are some details from Mr. Tillerson’s testimonies (all in quotation marks) with a few comments of our own.

#1. Reorganization Objective

“I think when this is all said and done, our objective is to enable the people – our Foreign Service officers, our civil servants, our people in our missions, foreign nationals – to deliver on mission with greater efficiency and effectiveness. And in effect, we’re going to get an uplift in effort delivered to the mission.”
— June 13, Senate Appropriations Sub-Committee

#2. Themes and Organizational Boxes

“…Several themes emerged, and I think the overarching theme, obviously though, is the extraordinary dedication and patriotism of the men and women in the State Department and USAID and why they undertake a career like this. And that is a strength that we will build upon. What we heard from a number of people is they are dedicated to this broad mission of representing America’s interests around the world, but from time to time – not just now, but historically as well – there have been mixed messages within the department, between the department and USAID, between the State Department and embassies, missions themselves. So a greater clarity around how the mission is defined and how direction is given.”
–June 13, SFRC

“So most of the themes have to do with – and this was the nature, though, of what we wanted to engage people with – is not, “Is this the right objective or are these the right organizational boxes?” Tell us how you get your work done, and tell us what gets in the way of you getting your work done, and what frustrates you, because that translates to inefficiency and ineffectiveness. As I said, we have no preconceived notions going in. It would have been very easy to approach this, take the organization chart, start collapsing boxes, start making it flatter in an uninformed way. I don’t have any number in mind as to what the efficiency will be, whether it is going to be 10 percent, whether it’s going to be 25, 30; we’re going to let the redesign drive what those efficiencies will be. That’s my experience in doing this in very large organizations both in the private sector and in the nonprofit sector where I’ve taken a similar approach. At the end of it, we capture significant efficiencies, but let’s let the work of the redesign drive that, not go in and say, “I’m looking for 20 percent.” Because those generally are not sustainable changes then.”
–June 13, SFRC

#3. Performance and Accountability

“We also heard a theme that they do not feel that people are held accountable for their work at the State Department, that poor performers are not dealt with. And the people in the State Department know who is getting the work done and who is not getting the work done, and it’s demoralizing to them when they see that we don’t deal with those who are not delivering on their responsibilities. That gets to how we praise performance, how we give people feedback, how we work to improve their performance, so we have a number of human resources processes that we believe can be improved, and a number of leadership areas that need to be addressed.”
–June 13, SFRC

 

#4. Surveys Completed – 35,000 (out of 84,048 overall staffing for State and USAID)

“We have just completed collecting information on our organizational processes and culture through a survey that was made available to every one of our State and USAID colleagues. Over 35,000 surveys were completed, and we also held in-person listening sessions with approximately 300 individuals to obtain their perspective on what we do and how we do it. I met personally with dozens of team members who spoke candidly about their experiences. From this feedback we have been able to get a clearer overall view of our organization. We have no preconceived outcomes, and our discussions of the goals, priorities, and direction of the State Department and USAID are not token exercises.”
–June 13, Senate Appropriations Sub-Committee

NOTE: How do we reconcile Tillerson’s “we have no preconceived outcomes” with #10 “by the end of Fiscal ’18, we think we’ll be down about 8 percent overall” before his reorganization study/listening tour is even done?

#5. Eliminating Obstacles

“Well, that’s what the entire redesign exercise is about, is understanding better how the work gets done. What we’ve learned out of this listening exercise is the – our colleagues in the State Department and USAID can already identify a number of obstacles to them getting their work done efficiently and effectively. If we eliminate some of those obstacles, it’s like getting another half a person, because they have their time available now to direct it at delivery on mission, as opposed to managing some internal process that’s not directly delivering on mission. I just use that as an example.”
–June 13, Senate Appropriations Sub-Committee

#6. Redesign Timeframe

“I think we will finalize the listening report here in the next few weeks, and we’re going to make that available so people can see that. Out of that report, though, there are about 13 themes that emerged and these were extremely valuable to begin to help us focus on where are the greatest opportunities to remove obstacles for people, because that’s really what this is about, is how do we allow people to get their work done more effectively and more efficiently? And we will be going after the redesign. Some of this is internal processes, some of it is structural, some of it are constraints that, quite frankly, Congress puts on us through some of the appropriation structures. And I understand all well-intended to ensure accountability and oversight, but it ends up adding a lot of layers. So we’re going to be getting at that. We hope to have the way forward, the next step framed here in the kind of August timeframe, so that we can then begin the redesign process itself September. I’m hoping we can have all of that concluded by the end of the calendar year, and then ’18 will be a year of how do we implement this now? How do we effect the change and begin to get that into place?”
–June 13, Senate Appropriations Sub-Committee


#7. Implementation in 2018

“I’ll get a final report. I’m interviewing a couple of individuals who will come in and help us now with the next stage, which is the redesign effort itself, which will be – which will involve the colleagues in the State Department and USAID. That effort likely we’ll have that framed over the course of the summer. The effort itself will likely get underway sometime in August, September timeframe when we have our pathway for the process, how we want to engage our colleagues, how we want to get at various elements and themes that emerged from the listening session. Now, some of this is work process, some of it is how we handle people, some of it is how decisions are made. It’s a very broad set of issues which were quite informative. So we’ve got to map out how do we want to get at each of those, but the work itself will start towards the end of the year. Hopefully, we will have some clarity around what that looks like by the end of this year; early next year, we’ll begin implementation.”
–June 13, SFRC

 

#8. Who’s coming to Foggy Bottom?

“… Having done this in the private sector once or twice and in a big nonprofit once, there is a process that I know has delivered for me in the past. So we just concluded this listening effort, which will inform us and shape how we feel we need to now attack the redesign and the way forward. Now, I’ve interviewed a couple of individuals to come in and help me lead that effort.”
–June 13, Senate Appropriations Sub-Committee

#9. Institutionalizing Change

“Well, I think that perhaps the difference in how we’re thinking about this, not a – just is what people think about things differently. The effort that we’re undertaking is to institutionalize change so that it stays and we capture, now and forevermore, these efficiencies.”
–June 13, SFRC

#10. State Department Workforce Projected to be ⬇︎8% by End of FY18 — 1:3 Replacement

“We actually are up about 50 Foreign Service officers from the start of the year, about a half a percent. The effect will come later, as what we’re doing is just allowing normal attrition to bring the numbers down. And as we look forward, we know we’ve got to continue to replenish our Foreign Service officer corps, so we are still interviewing people. And as we look ahead, we’ll probably be looking at a one-for-three kind of replacement. But the Foreign Service, if you – if we look further out, and I think we’ve said this publicly – by the end of Fiscal ’18, we think we’ll be down about 8 percent overall on the permanent State Department Foreign Service/Civil Service. Foreign Service is actually only going to be down about 4 percent; civil servants are going to be down about 12. So it’s being managed in a deliberate way, but being very mindful of not diminishing the strength of our Foreign Service officers.”
–June 13, SFRC

NOTE: On May 10, careers.state.gov posted this note in the forum: “The Office of Recruitment, Examination and Employment sent letters to all candidates on the Generalist registers notifying them of the opportunity to join the Consular Fellows Program. This program is a priority initiative for the US Department of State in the coming years and we encourage all of our qualified candidates to consider joining the Foreign Service to fill this important role.”  HR is telling FSO candidates waiting to be called to a class (career tracks) that they can join the Consular Fellow Program (non-career track, 60 months tenure). Why would anyone want to do that?  This tells us that State has hiring authority for the CF program, but may not have one for the career candidates. Also see #14 below.

#11. Staffing the Top Ranks of the State Department

“We’re at about, I would say, the 50 percent mark in terms of undersecretaries/assistant secretaries. In terms of people that have been identified, names are actually being submitted so they can begin to work their way through the White House PPO process, but also, for a lot of people, they have to get this paperwork behind them. And I would tell you that is no small challenge. As I check on the status of various people we have recommended and nominated to the White House, what I’m finding is more o[en than not it’s the paperwork that is slowing them down. In my own case, I had to hire eight people to help me get mine done. Most people can’t afford to hire eight people to help them get their paperwork done, so it takes a very long time. But we’re about 50 percent of the way through, and we have other names that are in process. What we’re doing, we try to get the candidate list of people we think are – would be useful to talk to down to a couple, and then we actually interview them face to face and then make a decision and submit them. So this is a pretty active process. It’s one I sit down with the people that are helping me coordinate it about every 10 days just to see where are we, make decisions on other people. If we’re hearing feedback, we talk to folks, maybe they don’t want to do it after all. So it’s moving, and that’s about where we are within the State Department and the bureaus.”
–June 13, SFRC

RELATED POSTS: 
America’s Cushiest Ambassadorships Will Go Vacant By Inauguration Day;
Who Will Be Acting Secretary of State Pending Rex Tillerson’s Confirmation? (Updated);
Tillerson/Priebus Standoff on Ambassadorships, Plus Rumored Names/Posts (Updated);
Snapshot: @StateDept Presidential Appointee Positions Requiring Senate Confirmation;
Is Foggy Bottom’s T-Rex as Stealthy and Cunning as His Theropod Namesake?;
Rex Tillerson’s Inner Circle Photo Album, Say Cheese Con Quezo!

 

#12. No firing program planned

“We’re not going to have to fire anyone. This is all being done through the hiring freeze, normal attrition, with a very limited, if needed – because we haven’t determined whether we’ll even need it – a very limited buyout program between the end of this year and next. So there is no firing program planned.”
–June 13, Senate Appropriations Sub-Committee

Note: The last time the State Department suffered through a 27% budget cut between 1993-1996, the agency trimmed more than 1,100 jobs at the State Department, 600 jobs at  the U.S. Information Agency (USIA), and shuttered consulates in 26 foreign cities. USAID lost about 2,000 jobs and closed 28 aid missions abroad (see The Last Time @StateDept Had a 27% Budget Cut, Congress Killed ACDA and USIA).  We understand that there are plans to close the U.S. Consulate General in Basrah, Iraq, as well as several smaller posts. If those plans are implemented, how can the State Department avoid a firing program? In the case of Basrah, will American employees simply be relocated to other posts, and will local employees simply be absorbed by Baghdad and other posts in the region? (see U.S. Consulate General #Basrah, Iraq: Six-Year Old Diplomatic Outpost Faces Closure).


#13. EFM Hiring Freeze

“State Department family members that are eligible to be hired in mission – we have a waiver process in place for that, and I have approved a number. The freeze does extend, in answer to your question, to all of those. But where we have critical missions, like in Iraq, Pakistan, Afghanistan, where we really need these positions filled by family members who are willing to go to those tough locations, I have been providing waivers in those circumstances.”
–June 13, SFRC

NOTE: We’ve blogged previously about the hiring freeze and EFM jobs. According to the November 2016 data, there are about 300 EFM positions in SCA (bureau covers AfghanistanPakistanBangladesh), 560 positions in AF, and almost 400 positions in NEA (bureau covers IraqEgyptLebanon). Back in April, we were hearing that some 70+ EFM waivers were requested. At that time, we understand that Tillerson only granted waivers for 6 EFM positions, and all are for priority posts. Since the State Department’s Public Affairs office refuses to answer routine questions from this blog, we’re hoping that congressional reps will ask follow-up Questions For the Record (QFRs).

If the Secretary of State is only issuing EFM waivers to family members accompanying FS employees to critical missions like Iraq, Pakistan, and Afghanistan, he’s basically ignoring the potential fallout of this decision to smaller posts, or posts with high turn-over this transfer season.

Posts typically depend on EFMs to provide support in consular sections, facilities management, security, health unit, vetting, grants, etc. When post has only about a dozen Direct Hire (DH) American employees, this support is just as critical to these mission.  So when these EFMs leave their posts during the ongoing transfer season, these positions will not be filled due to the hiring freeze; and they can’t be hired at their next posts because of the same hiring freeze. When posts are unable to hire EFMs, these jobs still need to be done, so DH employees will need to do their jobs and the EFM jobs. And if there are other gaps in staffing, folks could be wearing three-four hats.  Until when? Potentially until Tillerson lifts the freeze. Which won’t happen until the reorganization plan is “fully developed.” Which may not happen until fall or end of the calendar year. Maybe he’ll wait until early 2018 when the plan is implemented?  Oh, who knows? Does he even care?

READ MORE:
Snapshot: Geographic Distribution of Family Member UnEmployment Overseas;
Oy! That Rumor About Foreign Service Family Member Employment as “Corporate Welfare”;
Are #EFM positions literally about to become…extinct under #Tillerson’s watch?;
No thaw in sight for @StateDept hiring freeze until reorganization plan is “fully developed”

 

#14. Rangel and Pickering Fellows

“I don’t think we’ve frozen the Rangel and Pickering programs in terms of people that are in process. We’re continuing and we’re going to continue to take applicants as well. But let me follow up with you because I don’t think there’s a full freeze in place of those.”
–June 13, SFRC

“There is no freeze. The structure of the program Rangle-Pickering which is very important to us, and we have every intention of continuing it. The obligation and the contract that the young people and others engage with us when we fund their tuition and for their graduate studies is that we confirm that we offer them a position in Consular Affairs. That is confirmed and it’s a five-year commitment on their part to serve. We then say, we will put you on the list for consideration for the next A-100 Foreign Service class.  We are holding the next A-100 Foreign Service class because quite frankly right now our Foreign Service officer staffing were actually up about 50 people from the beginning of the year with our expected manning — which we’re looking at an 8% reduction by the end of fiscal 2018 — in order for us to have time to manage how we want that to occur so that we do not diminish the strength of the Foreign Service corps. We are holding the next A-100 class so nothing has been frozen and we want people to continue to apply and they’re all offered a position in Consular Affairs. And that is no change from the past. There’s never been a guarantee that anyone would have a clearer offer or pathway to the Foreign Service that would be considered for Foreign Service based upon the work they completed but they always have an offer to go to work in Consular Affairs.”
–June 14, HFAC in response to Congressman Meeks

Note: The Charles B. Rangel Fellows and the Thomas R. Pickering Fellows are two of the nine fellowship programs under the State Department’s  Diplomacy Fellows Program (DFP) designed to advance eligible candidates to the Foreign Service Oral Assessment for the competitive selection of entry level Foreign Service Officer Candidates.  The careers.state.gov website states  “We are not currently accepting applications for the Diplomacy Fellows Program.”  Also see the DPB of June 15, 2017.  A total of 31 members signed a letter to Tillerson calling on the Secretary of State to exempt the Rangel and Pickering Fellows from the State Department hiring freeze.

The Secretary told Congress that the State Department is holding the next A-100 class but the classes for July and September have not been confirmed. The next FSO/Generalist class is scheduled to start on July 10.  As of June 8, 2017, careers.state.gov is telling applicants “Still no decision has been taken regarding A-100 classes for Foreign Service Specialist and Generalist candidates this year.” There has been no recent update on start dates as far as we could tell.

Tillerson appears to be saying there’s no assurance for the diplomacy fellows to get a spot in A-100 class (career appointment) but that there was always an offer  for them to go work for Consular Affairs. What? That can’t be right. He did not specifically mentioned Consular Fellows but since he also talked about Consular Affairs and a 5-year commitment, we suspect that this is the program he is talking about.

Consular Fellows are hired via limited non-career appointments (LNAs). The Consular Fellow LNA appointment is for 5 years, but may be terminated at any time based on performance and/or needs of the Service. These are paid, non-career positions. The Consular Fellows program, similar to its predecessor, the Consular Adjudicator Limited Non-Career Appointment (CA LNA) program, is not/not an alternate entry method to the Foreign Service or the U.S. Department of State, i.e. this service does not lead to onward employment at the U.S. Department of State or with the U.S. government.  See more here: https://careers.state.gov/work/foreign-service/consular-fellows.

If the Consular Fellows Program will be the hiring priority initiative this year and in the coming years, before long the Foreign Service will be encumbered by career Foreign Service officers/specialists (1:3 hiring to attrition) and non-career Consular Fellows on a 60 month limited appointment who can only do consular tours.  At some point, unless there is a correction, the Foreign Service will again be divided into career diplomatic employees, and a consular corps with a limited career track that does not go beyond 5 years. That’s the future we’re reading.

HIRING: We’ve blogged previously about this here:
@StateDept Gets Exemption From Trump Federal Hiring Freeze, March Classes Are On;
Snapshot: Historical and Projected Foreign Service Attrition;
With Zero Information From @StateDept, Foreign Service Candidates Remain in Limbo;
OMB Issues Initial Guidance For Federal Civilian Hiring Freeze (Read Memo);
President Trump Freezes Federal Hiring Regardless of Funding Sources (Read Memo);
@StateDept Sends Out Job Offers to Prospective FSOs For March 6 Class But — Will There Be Jobs?

 

#15. Safety as the Highest Priority

“We’ve made the safety of not just our State Department employees but Americans broadly our highest priority, certainly as it relates to our embassy presence, our consular office presence, and our missions around the world. If you examine the security elements of the budget, our budget for Diplomatic Security is actually up 11 percent, year on year. Where we have reductions has to do with some of the construction, the buildings, part of the budget for embassies and other facilities. Part of that we’ll manage with some multiyear commitments across ’17 to ’18, and some of this has to do with just our ability to move projects along promptly. We are clearly committed to the Benghazi ARB recommendations, and I’m monitoring those carefully. We have some gaps we need to close. The OIG has helped us identify some of those. We’re going to stay on top of those. If there were more funds there, we would simply try to step up more activity on some of the building and maintenance issues. So most of the reduction is in building and maintenance efforts, which we believe are manageable, at least through Fiscal Year ’18.”
–June 13, SFRC

#16. Security and Embassy Construction – Back to Standard Design

“The current budget around security, both security services as well as embassy construction will allow us to maintain our program pretty much through 2018. We will begin to have planning difficulties in 19 at this level and we’re in discussions with OMB about that. And I think to your points about the execution against embassy construction, it really is an execution issue and I agree we need to get back to standard designs, fear scope changes, we don’t need to be unique every place. Plus I’m a fit for purpose guy and we ned to build what’s needed first to deliver the mission.”
— June 14, HFAC

#17. Money Spent Not/Not Indicator of U.S. Commitment 

“I am listening to what my people tell me are the challenges facing them and how we can produce a more efficient and effective State Department and USAID. And we will work as a team and with the Congress to improve both organizations. Throughout my career, I have never believed, nor have I experienced, that the level of funding devoted to a goal is the most important factor in achieving it. Our budget will never be determined – will never determine our ability to be effective; our people will.”
–June 13, Appropriations Sub-Committee

“….That long list of challenges on that board over there have been around for a while. The level of spending we’ve been carrying out hasn’t solved them. I go back to my view that I don’t think the money we spend is necessarily an indicator of our commitment. I think how we go about it – and we’ve got to take some new approaches to begin to address some of these very daunting challenges. The aid and the support and what we can bring to the issue is important. I’m not in any way diminishing that. But I don’t – I think if we equate the budget level to somehow some level of commitment or some level of expected success, I think we’re really undercutting and selling short people’s intellectual capacity to bring different approaches to these problems.”
–June 13, Senate Appropriations Sub-Committee

 

#18. Refugees

“I would take exception to the comment that we’re walking away from our responsibilities in that region with all of the men and women in uniform we have fighting and the State Department diplomatic resources we have to get at the reason the refugees are in Jordan. And I would tell you in working with the region, they all understand – Turkey, Jordan, others understand – we’d like the refugees to stay close to their homes so they can go back. Having them come all the way to the United States doesn’t – may not achieve that. So our approach on the significant problem of refugee migration locally is to solve the problem that allows people to go home. We have already seen some success in the liberation of Mosul and other cities. We hope to replicate that kind of success in Syria where we have come behind the military quickly when they liberate an area, create a secure zone, restore power and water, restore hospitals, restore schools. We have close to 40,000 children back in school in East Mosul already. People will come back if we create the conditions. So we really want refugees to return; it’s not the objective to have Jordan have to house those refugees now and forevermore.”
–June 13, SFRC

#19. Russia Sanctions

“I think it is important that we be given sufficient flexibility to achieve the Minsk objectives. It is very possible that the Government of Ukraine and the Government of Russia could to come to a satisfactory resolution through some structure other than Minsk that would achieve the objectives  of Minsk which we’re committed to. So my caution is I would not want ourselves handcuffed to Minsk if it turns out the parties decides to settle this through a different agreement.”
— June 14, HFAC

#20. Russian Dachas and Irritants 

“So we segmented the big issues from this list of what I call the irritants. The dachas are on that list. We have things on the list, such as trying to get the permits for our consular office in St. Petersburg. We’ve got issues with harassment of our embassy employees in Moscow. We have a list of things; they have a list of things. I don’t want to suggest to you this is some kind of a bartering deal. It’s more, let’s start working on some of the smalls and see if we can solve them. As to the dachas, these two properties have been in ownership of the Russians dating back to the Soviet Union – 1971. They’ve owned these properties and have used these properties for a very long time. They were transferred to the Russian Federation Government for $1 at the breakup of the Soviet Union. We have continued to allow them to use these properties, and they have used these properties continuously for all that time. President Obama, in response to the interference with the election, expelled the 35 Russian diplomats and seized these two properties. What we’re working through with them in this conversation is: Under what terms and conditions would we be, would we allow them to access the properties again for recreational purpose? We’ve not taken the properties from them; they still belong to them. So we’re not going to seize properties that are theirs and remove their — but we are talking about under what conditions would we allow you to use them for recreational purposes, which is what they have asked.”
–June 13, SFRC

#

New Ambassador to New Zealand and Samoa Scott Brown Introduces Self in Home Video

We have been a reader-supported blog since 2014. We want to keep this blog as open as possible and that’s the reason we don’t have a subscription fee. You know best whether our work is of value to you or not. If it is, and if your circumstances allow it, we could use your help to carry on for another year: Help Diplopundit Get to Year 10 ⚡️
Posted: 3:50 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

Six Trump ambassador nominees have been confirmed to date, including former Senator Scott Brown who was confirmed last week in a 94-4 vote.  It looks like State/IIP no longer releases introduction videos for new ambassadors. The newly confirmed ambassador did release a home video for his soon to be host countries of New Zealand and Samos featuring his family and pet.

#

Tillerson to Appear 6/13 Before Senate Panel For FY2018 @StateDept Budget Request

Posted: 3:10 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Mark your calendar — Tuesday next week, Secretary Tillerson is scheduled to appear before the Senate Foreign Relations Committee (SFRC) for a Review of the FY 2018 State Department Budget Request.  The hearing will be chaired by SFRC Chairman Bob Corker. This will be Secretary Tillerson’s first public Senate appearance since his confirmation as Secretary of State. Questions will be specific to the FY18 budget but we expect that there will also be questions on the planned agency reorganization, staffing gaps, morale, and a host of items that have surfaced on the news since he was confirmed in February. Get the popcorn ready!

Date: Tuesday, June 13, 2017
Time: 10:00 AM
Location: SD-419
Presiding: Senator Corker

The prepared statement and live video will be posted here when available.

#

@StateDept Deputy Secretary of State Nominee John Sullivan Gets a Senate Hearing

Posted: 2:11 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On April 11, the White House officially announced President Trump’s intent to nominate Mr. Sullivan not only as the State Department’s Deputy Secretary of State (D) but to also serve concurrently as Deputy Secretary of State for Management and Resources (D/MR). )see Trump to nominate John J. Sullivan to be @StateDept’s No.2 and to also serve as No.3 and Previously Announced DOD Nominee John J. Sullivan Now Slated to be @StateDept’s No. 2).

On May 9. Mr. Sullivan appeared before the Senate Foreign Relations Committee for his confirmation hearing. NPR reported that the deputy secretary of state nominee said during the confirmation hearing that there have been no decisions on job cuts despite reports that 2,300 positions are on the chopping block. Sullivan says that the secretary of state has only just begun to solicit input from staff around the globe.

The nominee is a nephew of the late Ambassador William Healy Sullivan (October 12, 1922 – October 11, 2013), a career FSO who served as Ambassador to Laos from 1964–1969, the Philippines from 1973–1977, and Iran from 1977–1979.  Barring any late minute issue, we expect that Mr. Sullivan will be confirmed as the next “D.”

Excerpt from his prepared testimony:

A small number of public servants are accepted into the Foreign Service, which I know well. My uncle Bill Sullivan was a Foreign Service Officer for 32 years. He was the last U.S. Ambassador to Iran in the late 1970s. It was his staff in Tehran that was taken hostage on November 4, 1979—a few months after the President had recalled him.

It is an earlier date from 1979, however, that sticks out in my mind: February 14, Valentine’s Day. The U.S. Embassy in Tehran was overrun by a mob, and my uncle and his staff were seized. After a few hours, the Americans were released and the embassy reopened. My uncle appeared in a picture on the cover of the next issue of Newsweek. He was surrounded by Iranians carrying assault weapons, one of whom was brandishing a bayonet in his face.

That day in 1979 is significant to me not merely because of the drama in Iran, but also because of a tragedy in Afghanistan. Our Ambassador, Spike Dubs, was kidnapped and assassinated in Kabul. Like my uncle, Ambassador Dubs was a U.S. Navy World War II veteran and a career Foreign Service Officer.

The assassination of Ambassador Dubs and the seizure of our embassy in Tehran on February 14, 1979, made a huge impression on me. I have remained in awe of our Foreign Service Officers who venture into such dangerous places on our behalf.

If confirmed, it would be my highest honor to work with the Foreign Service, the Civil Service, and the Department’s locally employed staff in the conduct of American diplomacy. In a world in which we face significant and enduring threats, these challenging times require leadership from the United States. As Secretary Tillerson said when he came before this committee, “to achieve the stability that is foundational to peace and security in the 21st century, American leadership must not only be renewed, it must be asserted.”

Read in full here (PDF). Clips below:

#

Trump Seeks Further Funding Cuts From @StateDept/@USAID, This Time From 2017 Budget

Posted: 2:51 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Last December, Public Law No: 114-254 (12/10/2016) was signed into law to provide continuing appropriations for most federal agencies through April 28, 2017. This continuing resolution (CR) was passed and it prevented a shutdown of the federal government that would have occurred when the previous CR expired on December 9, 2016 (at that time, eleven of the twelve FY2017 regular appropriations bills that fund the federal government had not been enacted).  The bill funded most projects and activities at the rate established for FY2017 spending by the Budget Control Act of 2011 including additional emergency, disaster relief, and Overseas Contingency Operations (OCO) funding.

It looks like the House will be in session for eight calendar days in April, while the Senate will have ten days. With six months left in the current fiscal year and while Congress is expected to wrestle once more with that CR next month, the Trump Administration is also seeking cuts from the FY2017 budget.  The “savings” from the proposed cuts in the current fiscal year will reportedly also go to DOD for additional military spending, and to help build that wall.

Via usnews.com:

memo sent by the administration on Friday to the House and Senate appropriations committees provides the first detailed look at the proposed cuts, and is expected to meet resistance as the budget blueprint did from lawmakers who have fewer than a dozen legislative days to craft and pass the trillion-dollar spending legislation to keep the lights on.
[…]
All told, the programs overseen by the Labor, Health and Human Services and Education subcommittee would see the greatest reductions, totalling $7.26 billion, followed by $2.88 billion from the subcommittee for State and Foreign Operations, including $1.16 billion to USAID foreign aid programs going to combating climate change, family planning and other global health initiatives.

The list of proposed reductions below is via Politico (see pages 11-12 above for the proposed cuts for the State Department).

Some programs will be slashed while others are zeroed out under the proposed cuts from the State/USAID budget for FY2017. In the case of PEPFAR (Aids) the proposal calls for “slowing the rate of new patients on treatment in FY17.” It slashed funds for peacekeeping operations, family planning/reproductive health, and refugee programs “because of lower projections in FY 2017 of refugee admissions.” Here are some of the most notable programs targeted for cuts this year under Trump’s proposal:

Development Assistance (DA) (-$562M): Proposed savings in the DA account include reducing support for bilateral climate change programs that are part of the previous Administration’s Global Climate Change Initiative. Further savings from the FY 2017 CR level can be achieved by reducing economic assistance in other sectors to programmatically sufficient levels, such as through reductions of up to 20 percent in basic and higher education (which has a large pipelines of unspent funds); biodiversity; democracy, human rights, and governance; agriculture and food security (while still addressing key objectives and priorities in the Global Food Security Act); and other sectors.

Economic Support Fund (ESF) (base) (-$290M): This decrease accepts the topline reduction in the House bill (-$274 million vs. CR), which included zeroing out the GCF. It then also reduces several sectors, including bilateral climate change, basic/higher education, democracy/governance, and economic growth.

President’s Emergency Plan for AIDS Relief (PEPFAR)/Global Health Programs (-$242M): This reduction would achieve savings by requiring PEPFAR to begin slowing the rate of new patients on treatment in FY 17, by reducing support to low-performing countries, by reducing lower-priority prevention programs, or by identifying new efficiencies or other savings.

International Narcotics Control and Law Enforcement (-$200M): This account can absorb a $200 million reduction from the annualized base CR rate with insignificant impact to the account, given carryover, the slow rate of FY 2016 obligations, and resources recaptured through de-obligations, recoveries, and proceeds of sale.

Foreign Military Financing (-$200M): This account can absorb a $200 million reduction from the annualized base CR rate by cutting funding for high income countries and consistent with funding restrictions for certain countries in the FY 2017 House and Senate bills.

International Organizations and Programs (-$169M): This account provides for non-assessed contributions to international organizations. This reduction would eliminate such contributions to most organizations funded through the account including the UN Population Fund and some contributions to climate change programs but preserve flexibility to make contributions to some organizations such as UNICEF as well as those supporting global security functions.

Educational and Cultural Exchanges (-$140M): Reduction or elimination of programs based on the ability to fund outside of ECE, ability to merge with other programs, and legacy programs in high income countries. Scale back of programs to prior year levels and/or 5-10% reductions given budgetary constraints.

Global Health Security (-$72M): This proposal zeroes out global health security programs at USAID in FY 2017 to realize up to $72.5 million in savings. These programs are currently supported with 2-year funds and it is unlikely the agency will obligate a significant portion of these funds under the current CR. This proposal instead seeks legislative authority to repurpose $72.5 million in remaining Ebola emergency funds to support these programs in FY 2017.

Specified Other Global Health Programs at USAID (-$90M):To achieve additional savings, reduced levels for:
• Tuberculosis (-$44.6 million below FY 17 CR)
• Polio eradication (-$7.9 million)
• Nutrition (-$16.3 million)
• Vulnerable children (-$7.5 million)
• Neglected tropical diseases (-$13.3 million)

#

%d bloggers like this: