New Arms Control Special Envoy Marshall Billingslea Now Nominated as Under Secretary for Arms Control and International Security (T)

 

On May 1st, the WH announced the president’s intent to nominate Marshall Billingslea to be the next Under Secretary of State for Arms Control and International Security (T). Last month, Mr. Billingslea was appointed Special Presidential Envoy for Arms Control. He was previously nominated as Under Secretary for Civilian Security, Democracy, and Human Rights (J) in 2018; he had a confirmation hearing in 2019 but that nomination appeared to have gone nowhere.
If the J nomination did not go anywhere in a GOP-controlled Senate, why would this nomination fare any better?
In any case, if confirmed, he would oversee the Bureau of Arms Control, Verification and Compliance; the Bureau of International Security and Nonproliferation and the Bureau of Political-Military Affairs.  
The immediate predecessor to this position is Andrea L. Thompson who was appointed in 2018 and left her position the following year (see Pompeo Announces Departure of Andrea Thompson as Under Secretary for Arms Control and International Security).  With the exception of career diplomats Reginald Bartholomew (1989–1992) and Frank G. Wisner II (1992–1993), all other appointees to the “T” bureau were political appointees. Click here for the names of previous appointees.

Via WH:

Marshall Billingslea, of Virginia, to be Under Secretary of State for Arms Control and International Security

Mr. Billingslea is the Special Presidential Envoy for Arms Control at the State Department.  He has also recently served as an Assistant Secretary of the Treasury for Terrorist Financing.

A former Managing Director at Deloitte, Mr. Billingslea has also served at the Department of Defense as Deputy Under Secretary of the Navy, Principal Deputy Assistant Secretary for Special Operations/Low Intensity Conflict, and Deputy Assistant Secretary for Negotiations Policy.  He was Assistant Secretary General for Defense Investment at NATO Headquarters in Brussels, Belgium, and a Senior Professional Staff Member for National Security Affairs for the Senate Committee on Foreign Relations.

Mr. Billingslea received the Secretary of Defense Medal for Outstanding Public Service, the Cross of Merit of the Minister of Defence of the Czech Republic, and the Order of the Cross of Terra Mariana of Estonia, among other awards.  Mr. Billingslea earned a B.A. from Dartmouth College, and an M.A. from The Fletcher School, Tufts University.

 

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Another Dual-Hatter? Marshall Billingslea Joins @StateDept as Special Presidential Envoy for Arms Control

 

Marshall Billingslea was confirmed by the United States Senate to serve as Assistant Secretary of the Treasury in June 2017. As of today, five days after the WH announcement, Mr. Billingslea’s bio is still up at the Department of Treasury website. Making folks wonder if this is another of those dual-hatted appointees, with Mr. Billingslea straddling two positions at State and Treasury.
State Department statement on the appointment of Marshall Billingslea:

President Trump has appointed Marshall Billingslea as Special Presidential Envoy for Arms Control.  In this role, Billingslea will lead arms control negotiations on behalf of the U.S. Government.

Mr. Billingslea most recently has been serving as Assistant Secretary for Terrorist Financing at the U.S. Department of Treasury since June 2017.  In that role, he has built international coalitions and led U.S. efforts to counter illicit financial activities.  In 2018 he was selected unanimously by the 37 member countries of the Financial Action Task Force (FATF) — the global anti-money laundering and counter-terrorist financing body — to serve as its President.  Mr. Billingslea also co-chairs the global Counter-ISIS Finance Group and multiple bilateral negotiating fora with friendly and allied nations.  He has deep expertise in arms control and broad experience in foreign policy and national security, having held senior positions in the private sector, NATO, the Department of Defense and on the staff of the United States Senate Committee on Foreign Relations.

Billingslea holds a Bachelor of Arts from Dartmouth College and a Master of Arts in Law and Diplomacy from Tufts University.

The United States remains committed to effective arms control that advances U.S., allied, and partner security; is verifiable and enforceable; and includes partners that comply responsibly with their obligations.  President Trump has charged this Administration with beginning a new chapter by seeking a new era of arms control that moves beyond the bilateral treaties of the past.  The appointment of Marshall Billingslea reaffirms the commitment to that mission.

 

Ousted WH Official Mick Mulvaney Gets a New Gig as Special Envoy to Northern Ireland

 

On March 11, 2020, the State Department released a statement on the appointment of former White House Acting Chief of Staff Mick Mulvaney as the new Special Envoy to Northern Ireland, a position first created under the Clinton Administration in 1995. Apparently, the formal title is Special Envoy of the President and the Secretary of State for Northern Ireland.  This is the top U.S. diplomat supporting the Northern Ireland peace process.
Mulvaney’s predecessors  include former U.S. Senator and former Majority Leader of the United States Senate George Mitchell, former S/P Richard Haass, former S/P Mitchell Reiss, former  Under Secretary of State for Democracy and Global Affairs  Paula Dobriansky, and businessman Declan Kelly appointed as economic envoy to Northern Ireland by US Secretary of State Hillary Clinton.  There were two long stretches where no one was appointed to this job; from 2011-2014 and again from 2017-2020.
The most recent appointee to this position was former Colorado Senator Gary Hart who was appointed during the Obama Administration and served from 2014-2017.  Special envoy positions do not require Senate confirmations.  Some special envoys have offices in Foggy Bottom but we have not been able to find a listing for the Office of the Special Envoy to Northern Ireland in the State Department directory. Any guesses on where they will put his desk?

Trump Installs U.S. Ambassador to Germany Richard Grenell as Acting Director of National Intelligence #triplehatted

 

Read: Opening Statements By FSOs Catherine Croft and Christopher Anderson in #ImpeachmentInquiry

 

Foreign Service Officers Catherine Croft and Christopher Anderson appeared on the Hill today for their closed door depositions. The links to their Opening Statements are provided below.

Catherine M. Croft is a Foreign Service Officer with nine years in service. According to her Opening Statement, she started work on Ukraine in 2013, when she was posted to the U.S. Mission to NATO. After Russia invaded Crimea, she was assigned to NATO headquarters in Brussels. From August 2015 to July 2017, she served as one of several Ukraine Desk Officers in Foggy Bottom. In July 2017 she joined the National Security Council Staff at the White House as Director covering Ukraine. She left  the NSC in July 2018 and started studying Arabic at the ForeignService Institute in preparation for a tour in Baghdad. But in May 2019, she was asked to take over as Ambassador Volker’s Advisor. She spent the month of June at the US Embassy Kyiv “to prepare and then spent the week of July 8 overlapping with” her predecessor, Christopher Anderson.

Christopher J. Anderson is a Foreign Service Officer with fourteen years of service. According to his Opening Statement, he has been in the Foreign Service since 2005. His work in Ukraine began with a three-week temporary duty to Kyiv in March 2014 “just after Russia invaded and occupied Crimea.” He returned to Kyiv in September 2014 to serve as the External Unit Chief in the Political Section of Embassy Kyiv. He served in Kyiv from 2014–2017 and “worked closely with Ambassador Yovanovitch from 2015–2017.” In August 2017 Ambassador Volker reportedly asked him to serve as Special Advisor for Ukraine Negotiations. He served in that position from late August 2017 until July 12, 2019. He was succeed on his job by Catherine Croft.

 

@StateDept Appoints Cherrie Daniels as Special Envoy for Holocaust Issues

 

Via state.gov:

Cherrie Daniels serves as Special Envoy for Holocaust Issues in the Bureau of European and Eurasian Affairs.  A career member of the Senior Foreign Service, she joined the Department of State in 1993. 
 
Prior to assuming duties as Special Envoy, she served as the Director of the Executive Secretariat Staff in the Office of the Secretary of State, Political Counselor at the U.S. Embassy in Belgrade, and Political/Economic Counselor at the U.S. Embassy in Oslo.  She also served in the Office of the Vice President as Special Advisor for Europe and Russia and as a Pearson Foreign Affairs Fellow in the office of Senator Joseph Lieberman. 
 
Earlier in her career, Ms. Daniels served as the Director of the U.S. Embassy’s American Center in Jerusalem, Desk Officer for Bosnia and Herzegovina, and Vice Consul in Zagreb and Toronto, as well as two tours in the Operations Center — one as Coordinator of the Crisis Management and Support team and one as Senior Watch Officer. 
 
Ms. Daniels has earned numerous individual and group Superior Honor awards.  In 2006, she was presented with the Secretary of State’s Swanee Hunt Award for Advancing Women’s Role in Policy Formulation in recognition of her work to promote the participation of women as peacemakers in the Israeli-Palestinian conflict. 
 
Hailing from Richardson, Texas, Ms. Daniels earned a B.A. in Politics from Princeton University, where she was also an FCC-licensed radio DJ.  She later earned a Master of Science in Foreign Service from Georgetown University.   She speaks Serbian, Norwegian, and Hebrew and is married with two children. 

Read: Kurt Volker’s Prepared Testimony in Ukraine Investigation

 

EUR/DAS Matt Palmer as Special Rep For Western Balkans, US Amb to Germany Ric Grenell Dual-Hatted For Serbia-Kosovo

 

On August 30, 2019, Pompeo appointed career diplomat Matthew Palmer’s as Special Representative for the Western Balkans. 

The Secretary of State has appointed Deputy Assistant Secretary Matthew Palmer as his Special Representative for the Western Balkans.  In this role, Palmer will lead our efforts to strengthen U.S. diplomatic engagement in support of peace, stability, and prosperity in the region and focus on integration of the Western Balkan countries into Western institutions.

As Special Representative, Palmer will travel to Slovenia beginning on September 1 to attend the Bled Strategic Forum.  He will also represent the United States at the Quint Balkan Directors meeting in Brussels and attend meetings in Vienna and Podgorica, September 4-10.

In addition to serving as the Secretary’s Special Representative, Palmer will continue to serve as Deputy Assistant Secretary in the Bureau of European and Eurasian Affairs, a position he has held since 2018.  Previously, he was Director of the Office of South Central Europe.

October 3, 2019, Trump announced his intent to appoint Richard Grenell  to serve concurrently as U.S. Ambassador to Germany and as Special Presidential Envoy for Serbia and Kosovo Peace Negotiations:

Richard A. Grenell has served as the United States Ambassador to Germany since May 8, 2018.  Mr. Grenell, a foreign policy writer and commentator, founded the international consulting firm Capitol Media Partners in 2010. For nearly two decades, he has served as the primary communications adviser for public officials at the Federal, State, local, and international levels, as well as for a Fortune 200 ranked company.  Mr. Grenell is the longest serving United States spokesman at the United Nations (2001-2008) having served four United States Ambassadors.  He earned a B.A. from Evangel University and an MPA from Harvard University’s John F. Kennedy School of Government.

 

Read: Text Msgs From Ambassadors Volker, Sondland, Taylor, and Others on #UkraineNightmare

 

 

116th Congress Regulations for the Use of Deposition Authority and 3 FAM 4170/10 FAM 130

The long-standing governing guidelines at the State Department for public speaking, teaching, writing, and  media engagement is 3 FAM 4170. The provisions of this subchapter apply to all public communications as defined in 3 FAM 4173, such as speaking, teaching, writing, and press/media engagement, including that prepared for electronic dissemination in an employee’s official capacity, or in an employee’s personal capacity if on a topic “of Departmental concern,” as defined in 3 FAM 4173. This subchapter makes no exceptions for special government employees (SGEs).
The most recent update for this subchapter was in March 2017 and it says in part:

The provisions of this subchapter are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by statute or executive order relating to: (1)  Classified information; (2)  Communications to Congress; (3)  Reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (4)  Any other whistleblower protection.

3 FAM 4170 Overview notes:

The personal capacity public communications review requirement is intended to serve three purposes: to determine whether the communication would disclose classified or other protected information without authorization; to allow the Department to prepare to handle any potential ramifications for its mission or employees that could result from the proposed public communication; or, in rare cases, to identify public communications that are highly likely to result in serious adverse consequences to the mission or efficiency of the Department, such that the Secretary or Deputy Secretary must be afforded the opportunity to decide whether it is necessary to prohibit the communication (see 3 FAM 4176.4)

On March 14, 2019, the State Department also updated 10 FAM 130 REMARKS AND WRITINGS FOR THE MEDIA AND GENERAL PUBLIC.  This subchapter defines “official” as public remarks including speeches, congressional testimony, press statements, and remarks prepared for photo opportunities.
This subchapter’s policy also says that “Official appearances before the media or general public to give formal interviews, speeches, or remarks must be cleared with the Assistant Secretary for Public Affairs.  See 10 FAM 131.4.  See also 3 FAM 4174.2 and 3 FAM 4174.3.” And it says that “former employees remain obligated by law not to disclose classified information, and certain employees may be bound by nondisclosure agreements.  See also 3 FAM 4174.2 paragraph d.”
On the matter of noncompliance, last updated in July 2015 per 3 FAM 4177:  “Failure to follow the provisions of this subchapter, including failure to seek advance reviews where required, may result in disciplinary or other administrative action up to and including separation. … Publication or dissemination of classified or other protected information may result in disciplinary action, criminal prosecution and/or civil liability.
We dug this up due to the forthcoming depositions by State Department officials in the coming days. In one hand, the FAM says that 3 FAM 4170 is consistent and do not supersede, or conflict with an employee’s obligation related to communication with Congress, and yet 10 FAM 130 updated in March 2019, a couple of months after congressional rules on depositions was adopted, specifically notes that congressional testimony is considered “official” remarks and require clearance. Somebody would have to sort this out very soon. Or we’ll know soon enough.
The first depositions in the Impeachment Inquiry will start tomorrow with the scheduled appearance of former U.S. Special Representative for Ukraine Negotiations Kurt Volker (described by NBC News as an “unpaid volunteer” and reportedly classified as a “Special Government Employee”).  Given that he is only the first to be deposed and we expect there will be many more before this is over, we thought we’d also dig up the rules for depositions in the 116th Congress.
Per section 103(a)(2) of House Resolution 6, 116th Congress, the following regulations regarding the conduct of depositions by committee and select committee counsel was printed in the Congressional Record on January 25, 2019. The Congressional Record version is available to read here, and in PDF file here. Perhaps most notable here is #3 regarding the presence of USG observers or counsels during depositions.
This is probably not a bad time to remind folks why Professional Liability Insurance is needed. Read here and here.

1. Notices for the taking of depositions shall specify the date, time, and place of examination. Depositions shall be taken under oath administered by a member or a person otherwise authorized to administer oaths. Depositions may continue from day to day.

2. Consultation with the ranking minority member shall include three days’ notice before any deposition is taken. All members of the committee shall also receive three days written notice that a deposition will be taken, except in exigent circumstances. For purposes of these procedures, a day shall not include Saturdays, Sundays, or legal holidays except when the House is in session on such a day.

3. Witnesses may be accompanied at a deposition by personal, nongovernmental counsel to advise them of their rights. Only members, committee staff designated by the chair or ranking minority member, an official reporter, the witness, and the witness’s counsel are permitted to attend. Observers or counsel for other persons, including counsel for government agencies, may not attend.

4. The chair of the committee noticing the deposition may designate that deposition as part of a joint investigation between committees, and in that case, provide notice to the members of the committees. If such a designation is made, the chair and ranking minority member of the additional committee(s) may designate committee staff to attend pursuant to regulation 3. Members and designated staff of the committees may attend and ask questions as set forth below.

5. A deposition shall be conducted by any member or committee counsel designated by the chair or ranking minority member of the Committee that noticed the deposition. When depositions are conducted by committee counsel, there shall be no more than two committee counsel permitted to question a witness per round. One of the committee counsel shall be designated by the chair and the other by the ranking minority member per round.

6. Deposition questions shall be propounded in rounds. The length of each round shall not exceed 60 minutes per side, and shall provide equal time to the majority and the minority. In each round, the member(s) or committee counsel designated by the chair shall ask questions first, and the member(s) or committee counsel designated by the ranking minority member shall ask questions second.

7.  Objections must be stated concisely and in a non-argumentative and non-suggestive manner. A witness’s counsel may not instruct a witness to refuse to answer a question, except to preserve a privilege. In the event of professional, ethical, or other misconduct by the witness’s counsel during the deposition, the Committee may take any appropriate disciplinary action. The witness may refuse to answer a question only to preserve a privilege. When the witness has refused to answer a question to preserve a privilege, members or staff may (i) proceed with the deposition, or (ii) either at that time or at a subsequent time, seek a ruling from the Chair either by telephone or otherwise. If the Chair overrules any such objection and thereby orders a witness to answer any question to which an objection was lodged, the witness shall be ordered to answer. If a member of the committee chooses to appeal the ruling of the chair, such appeal must be made within three days, in writing, and shall be preserved for committee consideration. The Committee’s ruling on appeal shall be filed with the clerk of the Committee and shall be provided to the members and witness no less than three days before the reconvened deposition. A deponent who refuses to answer a question after being directed to answer by the chair may be subject to sanction, except that no sanctions may be imposed if the ruling of the chair is reversed by the committee on appeal.

8. The Committee chair shall ensure that the testimony is either transcribed or electronically recorded or both. If a witness’s testimony is transcribed, the witness or the witness’s counsel shall be afforded an opportunity to review a copy. No later than five days after the witness has been notified of the opportunity to review the transcript, the witness may submit suggested changes to the chair. Committee staff may make any typographical and technical changes. Substantive changes, modifications, clarifications, or amendments to the deposition transcript submitted by the witness must be accompanied by a letter signed by the witness requesting the changes and a statement of the witness’s reasons for each proposed change. Any substantive changes, modifications, clarifications, or amendments shall be included as an appendix to the transcript conditioned upon the witness signing the transcript.

9. The individual administering the oath, if other than a member, shall certify on the transcript that the witness was duly sworn. The transcriber shall certify that the transcript is a true record of the testimony, and the transcript shall be filed, together with any electronic recording, with the clerk of the committee in Washington, DC. Depositions shall be considered to have been taken in Washington, DC, as well as the location actually taken once filed there with the clerk of the committee for the committee’s use. The chair and the ranking minority member shall be provided with a copy of the transcripts of the deposition at the same time.

10. The chair and ranking minority member shall consult regarding the release of deposition testimony, transcripts, or recordings, and portions thereof. If either objects in writing to a proposed release of a deposition testimony, transcript, or recording, or a portion thereof, the matter  shall be promptly referred to the committee for resolution.

11. A witness shall not be required to testify unless the witness has been provided with a copy of section 103(a) of H.Res. 6, 116th Congress, and these regulations.