All Promotions Into/Within the Senior Foreign Service Must be Vetted by White House?

Posted: 1:23 am  ET

 

State/HR recently sent a Frequently Asked Questions to newly promoted OCs concerning the differences between being an FS-01, the highest rank in the regular Foreign Service, and as OC, the starter rank in the Senior Foreign Service. The FAQ talks about pay, bidding, EERs, benefits, and of course, promotions. And then there’s this question, and apparent answer:

Q: When are promotions from FS-01 to OC effective?
Answer: Promotion boards issue a list in the fall of officers “recommended” for promotion from FS-01 to OC, OC to MC and MC to CM. However, all promotions into and within the Senior Foreign Service must be vetted by the White House, confirmed by the Senate and attested by the President. This process can take several months. Promotions into and within the SFS are effective the first pay period following Presidential attestation. However, you may start bidding as an OC as soon as the promotion list is released by the board.

Yo! You know this is nuts, right? The White House can barely vet its own staffers, and it will now vet all promotions of FSOs into and within the Senior Foreign Service? With one exception that we are aware of (and we’ll write about that case separately), this WH vetting requirement is new, and yes, we remember the “improved” vetting required by the SFRC back in 2015 (SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime).  Is the WH also vetting all senior promotions out of the Pentagon? Who’s going to be doing this and what does this vetting includes? Also whose great idea was this, pray tell?  Will State/HR and A/DGHR soon say that this vetting has always been done by the White House since the beginning of whatevs?

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They’re Making a List, and Checking It Twice #ManOhManOhMan

When you hear that lists sent to DCM Committees have been adjusted by gender for those appointees who are insisting on a man (!) as their Deputy Chief of Mission (DCM) or Deputy Assistant Secretary (DAS). And you’re still waiting for anyone at DGHR to inform everyone that no committee will entertain any list that promotes, assists, or enables sex discrimination in violation of Title VII.

via giphy

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@StateDept INL Bureau Seeks Contractor as Foreign Service Assignments Officer

Posted: 2:42 am  ET
Update: 12:03 pm PT

 

According to a recent fedbiz announcement, the Office of Resource Management at the Bureau of International Narcotics, and Law Enforcement Affairs (INL/RM) is seeking a Personal Services Contractor who will be the bureau’s “Foreign Service Assignments Officer.” The contract is for one year with four option years.

So State is going to use contractors for assignments officers now?

We can’t recall Foreign Service Assignments Officer as contractors before. Is it far fetched to think of this as a glimpse of the future in Foggy Bottom?  CRS report from 2014 notes that OMB Circular A-76 distinguishes between the exercise of discretion per se, which it says does not make a function inherently governmental, and the exercise of “substantial discretion,” which it says makes a function inherently governmental.

And if the Foreign Service Assignments Officer position is deemed a commercial activity, that is, an activity not so intimately related to the public interest as to mandate performance by government personnel” (see CRS link to inherently government function below) how long before all bureau assignments officer are converted to PSC positions with one year contracts and four year options?

Update: We just got a note telling us that the INL Foreign Service Assignments officer has been a PSC since at least 2010. And that this position “serves in an advisory capacity, ensuring that INL’s program offices and front office understand HR rules and processes,and assists with how the offices conduct the FS assignments process within INL.” This position reportedly “makes no decisions, sets no policy, very non-governmental.”  Also that most bureaus do not have the PSC hiring authority, “so it’s quite unlikely that the function in other bureaus will be moving to contractors any time soon.” 

About INL: The Bureau has overall responsibility for the development, supervision, and implementation of international narcotics control assistance activities and for international criminal justice issues for the Department of State. The Foreign Service Assignments Officer (FSAO) will perform duties related to both domestic and foreign assignments, and will supplement existing staff during times of heavy workload, when staff shortages occur, or when expertise is required for specific projects.

About FSAO: The FSAO receives administrative direction from the Administrative Officer, but acts with a high degree of independence in planning, scheduling, and completing work, within the framework of delegated authority. Many assignments are self-initiated based on the FSAO’s assessment of post requirements and the means to meet them. As the primary liaison with post personnel, regional bureau staff, and office of Career Development and Assignments (HR/CDA) in the Bureau of Human Resources (HR), the FSAO has broad latitude in coordinating work efforts, and plays a key role in ensuring that posts operate effectively and in compliance with relevant regulations.

The FSAO uses a high degree of expertise and independent judgment in developing, consulting, coordinating, and executing programs to achieve compliance with legal and regulatory requirements and organizational goals and objectives, and resolves all but the most complex and sensitive issues. Recommendations and decisions are assumed to be technically accurate, and work is reviewed in terms of the overall effectiveness of the efforts by management within INL/RM as well as by program office staff, post officials, and others who rely on the FSAO’s advice and support.

The announcement says that the purposes of the work “are to collaborate with management in the Department in providing prompt and effective administrative support of the assignment of FS personnel domestically and at INL positions at posts; support INL missions at posts in engaging their administrative and personnel resources as effectively as possible; liaise with relevant Bureaus and USG agencies to ensure that INL’s best interests are protected; and ensure that administrative and substantive policies are mutually compatible.”

  1. SOLICITATION NUMBER: PSC-18-016-INL
  2. ISSUANCE DATE: 03/13/2018
  3. CLOSING DATE: 03/27/2018
  4. TIME SPECIFIED FOR RECEIPT OF APPLICATIONS: 3:00 PM, EST
  5. POSITION TITLE: INL Foreign Service Assignments Officer
  6. MARKET VALUE: $114,590 – $148,967 (GS-14 Equivalent)
  7. PERIOD OF PERFORMANCE: One year from date of award, with four optional years
  8. PLACE OF PERFORMANCE: Washington, DC

Duties and Responsibilities:

  •   Manages the Foreign Service Assignments process, providing expert advice and guidance to senior Bureau managers on all aspects of Foreign Service position management, recruitment, assignment, and evaluation.
  •   Counsels Foreign Service staff on all assignment related questions and provides support and guidance to those individuals who have been offered positions within the Bureau.
  •   Coordinates all FS issues with the appropriate offices within the Bureau of Human Resources, e.g., HR/CDA and HR/PE, resolving issues pertaining to FS assignments and performance, and recommends ways to improve or streamline the process.
  •   Oversees suggestion and award, quality, and or productivity programs related to these activities. Analyzes and evaluates, on a quantitative or qualitative basis, the effectiveness of programs or operations in meeting established goals and objectives.
  •   Liaises with colleagues and professional contacts in other bureaus whose work and role are relevant to supporting INL, including but not limited to Diplomatic Security, the Office of Medical Services, HR/CDA, the Family Liaison Office, the Office of Foreign Missions, Office of Allowances, and others as required.
  •   Analyzes administrative processes and/or agency programs for the Executive Director, with particular emphasis on management and implementation of an effective program in meeting Foreign Service human resources goals and objectives for the Bureau and its worldwide operations.
  •   Identifies problem areas and opportunities for improvement and provides fully staffed recommendations to management, including the Assistant Secretary and Deputy Assistant Secretaries. This encompasses issues such as streamlining processes, assessing the feasibility of automated systems for meeting the Bureau’s HR responsibilities, standardizing operations, or collaborating with other organizations on mutual responsibilities, improved management practices or the impact of new or proposed legislation or regulations on HR programs.
  •  Communicates with colleagues, agency management, and other contacts outside the agency to gather and analyze information about these agency processes and programs.

 

Related item:

Definitions of “Inherently Governmental Function” in Federal Procurement Law and Guidance PDF | 2014

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Office of Special Counsel on Political Inquiries/Political Discrimination During Reassignments

Posted: 12:45 pm PT

 

The Office of Special Counsel who has authority to investigate  5 U.S. Code § 2302 – Prohibited Personnel Practices says that political inquiries of or political discrimination against applicants for career federal jobs are prohibited under the law. Personnel action under this law includes not just appointments but also reassignments, promotions, and reemployments of federal employees. Keep this in your pocket.

Excerpt:

(a)

(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).

(2) For the purpose of this section—

(A) “personnel action” means—

(i) an appointment;

(ii) a promotion;

(iii) an action under chapter 75 of this title or other disciplinary or corrective action;

(iv) a detail, transfer, or reassignment;

(v) a reinstatement;

(vi) a restoration;

(vii) a reemployment;

(viii) a performance evaluation under chapter 43 of this title or under title 38;

(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;

(x) a decision to order psychiatric testing or examination;

(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and

(xii) any other significant change in duties, responsibilities, or working conditions; with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section 9101 of title 31;

(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—

(i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or

(ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration;

(C) “agency” means an Executive agency and the Government Publishing Office, but does not include—

(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D);

(ii)

(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and

(II) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities, provided that the determination be made prior to a personnel action; or

(iii) the Government Accountability Office; and

(D) “disclosure” means a formal or informal communication or transmission, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee or applicant providing the disclosure reasonably believes that the disclosure evidences—

(i) any violation of any law, rule, or regulation; or

(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—

(1) discriminate for or against any employee or applicant for employment

(A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16);

(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a);

(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));

(D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or

(E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;

(2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of—

(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or

(B) an evaluation of the character, loyalty, or suitability of such individual;

(3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;

(4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment;

(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;

(6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;

(7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in section 3110(a)(3) of this title) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in section 3110(a)(2) of this title) or over which such employee exercises jurisdiction or control as such an official;

(8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of—

(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—

(i) any violation of any law, rule, or regulation, or

(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or

(B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—

(i) any violation (other than a violation of this section) of any law, rule, or regulation, or

(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;

(9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—

(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation—

(i) with regard to remedying a violation of paragraph (8); or

(ii) other than with regard to remedying a violation of paragraph (8);

(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii);

(C) cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law; or

(D) refusing to obey an order that would require the individual to violate a law, rule, or regulation;

(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;

(11)

(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans’ preference requirement; or

(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans’ preference requirement;

(12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in section 2301 of this title;

(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the 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. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”; or

(14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).

This subsection shall not be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress. For purposes of paragraph (8), (i) any presumption relating to the performance of a duty by an employee whose conduct is the subject of a disclosure as defined under subsection (a)(2)(D) may be rebutted by substantial evidence, and (ii) a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to and readily ascertainable by the employee or applicant could reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.

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U.S. Ambassador to Mexico Roberta Jacobson to Retire After 31 Years of Service

Posted: 3:53 am ET

 

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Snapshot: Foreign Service and Civil Service Workforce Diversity Statistics FY2011-FY2014

Posted: 3:49 am ET

 

Via state.gov (archive):

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@StateDept Publishes EPAP Positions Available Now/Summer 2018 #Feb20Lists #EFMs

Posted: 2:30 am ET

 

On February 20, the State Department through its Family Liaison Office published the 2018 Spring/Summer positions available under the Expanded Professional Associates Program (EPAP). EPAP is different from other family member employment opportunities in that it has portfolios similar to Foreign Service entry-level positions. EPAP positions are also centrally funded by the Department of State (not post funded) and are administered by the appropriate Washington regional or functional bureau. Last month, the State Department also released its new qualification standards (PDF), and required previously qualified employees/applicants to re-qualify for these jobs (see @StateDept Releases New Strategery For Diplomatic Spouse Professional Employment #Ugh).

Via State/FLO:

Each of the regional bureaus and IRM are creating a list of EPAP positions that are available now and that are expected to become available through summer 2018. These positions will soon be advertised via a vacancy announcement on USAJOBS.gov. Positions that are not filled through this announcement or that become available in fall/winter 2018 will be advertised at a later date.

Appointment Eligible Family Members (AEFMs) who would like to be considered for one or more positions are required to submit an application. AEFMs may only submit applications for positions that are available at their sponsor’s post of assignment. They must either already be at post or be arriving at post within six months of the EPAP advertisement. AEFMs must be able to work at least one full year in the position from the time of hire.

2018 Spring/Summer Positions

Note: Medical positions for all bureaus outside of NEA and SCA will be added soon. Position lists are subject to change; check back often for updates.

Lists as of February 20, 2018:

Each bureau can only fill up to the number of vacant positions allocated. More positions than the number actually available are advertised to give maximum flexibility to both applicants and bureaus in seeking good matches for the positions.

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Related posts:

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@StateDept FS Promotion Statistics 2014-2017: Counselors (FE-OC) to Minister Counselors (FE-MC)

Posted: 2:20 am ET

 

Below is the comparative look of the State Department Foreign Service promotion statistics from 2014-2017 for Counselors (FE-OC equivalent to One-star rank (O-7)) to Minister Counselors (FE-MC equivalent to Two-star rank (O-8)). The average length of service of FSOs promoted from OC to MC in 2014-2017 is 25 years.

The number of FSOs who competed for promotion annually from 2014-2017 ranges from 215 in 2014 to 246 in 2017.  The number of FSOs promoted to from OC to MC was highest in 2016 at 61 FSOs or 24.3%, and lowest in 2017 at 29 FSOs or 11.8%.

That’s less than half the previous year, and that’s notable.

The FE-OC Counselor rank is the first rung in the Senior Foreign Service. The maximum time-in-class (TIC) limits for career generalist and specialist Senior Foreign Service members in this rank is seven (7) years. If FE-OCs are not getting promoted to FE-MCs because the promotion numbers have been shrunk, and they hit their time-in-class, they become subject to mandatory retirement upon expiration of their TIC and their time-in-service (TIS) limits.

Limiting the promotion numbers has been called a “stealth RIF” by old timers who remember the decimation of the career services in the 1990’s.

Via state.gov 11/24/17  FS Promotion Statistics

Again, please note that these numbers only include State Department Foreign Service numbers, and do not include USAID, Commerce, and Agriculture. For  those not familiar with the FS system, conal competition recognizes potential and competency in the primary career field. Members recommended for functional promotions demonstrate full proficiency across the six core competencies in a breadth of positions in their primary functional field (cone).

Per 3 FAH-1 H 2320 with the 2005 Selection Boards, classwide competition replaced multifunctionality.

The Department’s goal in instituting classwide competition is to assist the Department in expanding the pool of officers with broad vision and deep experience who are prepared to assume leadership positions in the future. Diplomacy in the 21st Century engages issues that are increasingly global in nature and/or scope, rapid changes in technology which are changing the way we do business, crises requiring effective and rapid response, the continuing need to promote actively democracy and respect for human rights, and threats to our safety and security that continue to surface. It needs broad-based and flexible officers, with leadership skills and the demonstrated ability to plan, organize, administer, and evaluate programs in both the members primary career field and across functional lines, who can transform resources and policy into results, while managing people effectively. While conal competition recognizes potential and competency in the primary career field, classwide competition builds on conal expertise by recognizing potential and competency across functional lines. The Board is asked to rate each employee in the classwide competition based on the relative strength of that members Performance Folder and demonstrated ability to perform effectively at the next higher level.

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Foreign Service Promotion Statistics 2014-2017: Minister Counselors (FE-MC) to Career Ministers (FE-CM)

Posted: 3:05 am ET
Updated: 12:37 pm PT

 

Below is the comparative look of the State Department Foreign Service promotion stats from 2014-2017 for Minister Counselors (FE-MC equivalent to Two-star rank (O-8)) to Career Ministers (FE-CM equivalent to Three-star rank (O-9)). FE-CM is the highest regular senior rank in the Foreign Service.  On November 16, 2017, the U.S. Senate confirmed four nominees to the rank of Career Minister (see PN 2100). Promotion stats below (also published annually in State Magazine) only covers the State Department; we don’t have data for USAID, Commerce (Foreign Commercial Service), or Agriculture (Foreign Agricultural Service).

Four FSOs were promoted to this rank in 2017, the same number promoted in 2015. The number of promotions to this rank ranges from 4-6 FSOs in 2014-2017, so there’s nothing that appears particularly striking in these numbers. If you’re seeing something we’re not seeing, email us. We’ll try and do the other ranks; there are notable numbers there.

Via state.gov 11/24/17  FS Promotion Statistics

Note that an extremely limited number of career diplomats attain Career Ambassador rank (FE-CA equivalent to Four-star rank (O-10)). Per 3 FAM 2320, the Secretary may recommend to the President the conferral of the personal rank of Career Ambassador on a limited number of career members of the SFS of the class of Career Minister whose careers have been characterized by especially distinguished service over a sustained period and who meet the requirements of 3 FAM 2324.2.  Conferral of the personal rank of Career Ambassador is made by the President, and with the advice and consent of the Senate.

(click on image for larger view)

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Career Diplomat Lee McClenny Sworn-In as New U.S.Ambassador to Paraguay

Posted: 3:05 am ET

 

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