So @StateDept’s guidance is do whatever you want. EXCEPT fly the Pride Flag on the pole #PrideMonth

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On May 17, 2018, Secretary Pompeo just three weeks into his tenure as secretary of state issued a statement on the International Day Against Homophobia, Transphobia, and Biphobia.  This year, the State Department statement marking IDAHOT was noticeably missing.

We understand from a source on background that there was guidance circulated within the Bureau of Democracy, Human Rights, and Labor (DRL) this past May saying that there will be no IDAHOT/Pride cable this year. The directive reportedly came from the 7th floor although it apparently also said, there is no change in policy, including on display of the Pride flag. “The best we can do is rely on last year’s cable and the statement that policy has not changed.”

The directive last year would have been sent by an Acting Under Secretary for Management as there was no confirmed “M” at the State Department since U/S Kennedy departed his position in January 2017.

On June 7, NBC News reported that the U.S. embassies in Israel, Germany, Brazil and Latvia have requested permission from the State Department to fly the rainbow pride flag on their flagpoles and have been denied, citing three unnamed U.S. diplomats.

On June 10, State Department spokeswoman Morgan Ortagus told NBCNews that Secretary of State Mike Pompeo “respects the dignity of every individual” but did not believe other flags should fly alongside the American flag at U.S. embassies.

In an interview with NBC News, VPOTUS said that the Trump administration had “put no restrictions” on the pride flag or other flags flying elsewhere at U.S. embassies. When pressed, he also said, “We both feel that way very passionately, but when it comes to the American flagpole, and American embassies, and capitals around the world, one American flag flies.”

Another official who is LGBT speaking on background told this blog that flying the Pride flag on the flag pole with the U.S. flag has always been controversial.  This same official told us that while he/she personally does not believe that they should fly the Pride flag on the flag pole, there are others who have cited the Flag Act to justify flying the pride flag:

4 U.S. Code § 7 – Position and manner of display
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.

This same source indicated to us that his/her understanding was that the Under Secretary for Management Brian Bulatao has not approved flying the Pride Flag on the same staff as the U.S. flag at State Department federal buildings within the United States and overseas (Mr. Bulatao was officially sworn into office in late May). We were told that this process is usually done via a decision memo and that this year, there was no cable in or out;  which confirmed the circulated guidance reportedly from DRL in May. This official also told us that his/her understanding is that posts are free to display the pride flag everywhere and anywhere, or to light up embassies in the pride colors, or do anything else they want to mark Pride month.  EXCEPT fly the Pride Flag on the pole.

We should note that in previous years, some posts, not all, have marked Pride Month with a rainbow flag on the flagpole or hanging the rainbow flag on the side of the embassy building. Others participated in local pride parades, or lighting up the embassy in rainbow colors. Social media indicates that our overseas posts are marking Pride month in a similar manner (poles excepted) this year, but they have not/not been prevented from marking or celebrating the event (if post is preventing you from marking Pride Month, holler, please).

Also typically, on June 1st or within the first week of June, the Secretary of State also releases a statement marking LGBTI Pride Month. Pompeo did that last year on June 1st.  The year before that, his predecessor Rex Tillerson released a similar statement on June 7, 2018. This year, we’re still waiting for a similar statement from Secretary Pompeo; 18 days to go before the days of June runs out. Write faster, folks!

Here is the official spox addressing the “except on the pole” issue:

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USCCR extends comment period for sexual harassment inquiry to Monday, June 25th

Help Fund the Blog Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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This is a follow-up to our post: U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo

The U.S. Commission by unanimous vote extended the public comment period for its sexual harassment in the federal workplaces investigation from June 10th to Monday, June 25th.

The Commission is seeking to learn more from the public about sexual harassment in the federal government, including:

  • the culture surrounding the reporting of harassment in federal agencies,
  • the reporting process,
  • and new tools that can be used to address the issue.

The Commission will now accept written materials for consideration as we prepare our report on the subject. Please submit no later than June 25th, 2019 to sexualharassment@usccr.gov or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425. Testimony from this briefing and public comments will inform our 2019 report to Congress, the President, and the American people regarding the state of sexual harassment in the federal government.

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AFSA Foreign Service Furlough Stories: 10 Days to Get to a Plane for a Medical Evacuation!

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Excerpt via AFSA/StateVP Kenneth Kero-Mentz:

For many of us, the shutdown caused real financial trouble, and even with careful planning, paying bills became a stretch. Some members had already tapped into their “rainy day fund” after being forced to leave Mission Russia last year. Others had to juggle funds to pay tuition expenses or mortgages due in January. Unemployment benefits were not available to many members serving overseas. Single parents and tandem couples were hit particularly hard with the delay of first one paycheck, and then two.

We heard stories of how the shutdown affected our members’ work. For instance, at the National Defense University and other war colleges, Department of State students were locked out of lectures and prohibited from participating in seminars during the shutdown. USAID war college students were designated “excepted,” so they could continue attending class. Students from State should have been “excepted” as well. There’s no reason why the U.S. government’s investment in a yearlong master’s degree program for its future senior leadership cadre should be torn apart midstream.

A mid-level officer at a small post in Africa reported that she was busier than ever, covering for her furloughed colleagues, planning events only to cancel later as the shutdown dragged on. As days turned into weeks, and then surpassed a month, morale plummeted. After all, as she said, who wants to work for an organization that consistently understaffs and overworks its team? She wonders if her enthusiasm for what is increasingly becoming a thankless job will ever rebound.
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At one large mission in Asia, all State Department employees were required to report to work regardless of pay status. These people could not do any public-facing work and could not contact their counterparts at other posts or the department (since they were all furloughed), but were required to report to work in a non-pay status. It did not make sense. As many members noted, furlough decisions should be made in a central and transparent manner. Though none of us expected the shutdown to last so long, better contingency planning could have helped.
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The hardships went well beyond juggling work requirements and paying bills. One second-tour specialist was hospitalized and needed to medevac to the United States immediately. The shutdown delayed the processing of the medevac funding request; due to the shutdown and short staffing, it took 10 days to get the person on a plane.

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@StateDept to start requiring Diversity Visa applicants valid, unexpired passports on electronic entry forms

 

On June 5, 2019, the State Department published on the Federal Register an interim final rule requiring alien petitioners for the Diversity Visa Program “to provide certain information from a valid, unexpired passport on the electronic entry form.”

Diversity Visa Program, DV 2016-2018: Number of Entries Received During Each Online Registration Period by Country of Chargeability. (Click on image to see the full pdf document)

Excerpt:

An estimated 14 million aliens register annually for the DV Program through an electronic entry form. The entry form collects information on the petitioner’s full name; date and place of birth; gender; native country, if different from place of birth; current mailing address; and location of the consular post where the diversity visa should be adjudicated, if the petitioner is selected through the DV lottery. The electronic entry form also collects information about the names, dates and places of birth for the petitioner’s spouse and children. The entry process is open to all aliens who are natives of “low-admission” countries without numerical limitation, defined as countries with fewer than 50,000 natives admitted to the United States during the most recent five-year period. After the close of the DV Program entry period, petitioners are selected through a randomized computer drawing (“selectees”) for consideration for one of the 50,000 available diversity visa numbers.

Section 204(a)(1)(I)(iii) of the INA, 8 U.S.C. 1154(a)(1)(I)(iii), vests the Secretary of State with authority to set by regulation the information and documentary evidence to support a petition for entry into the DV Program. The requirements are set out in 22 CFR 42.33.

With this rule, the Department is amending 22 CFR 42.33(b)(1) to require the petitioner to include on the electronic diversity visa entry form the unique serial or issuance number associated with the petitioner’s valid, unexpired passport; country or authority of passport issuance; and passport expiration date. These requirements will apply only to the principal petitioner and not derivatives listed on the entry form. These requirements apply unless the petitioner is either stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State, consistent with the passport waivers for immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and (g)(2). A petitioner who does not have a passport and is either stateless, is a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or has an individual waiver of the passport requirement from the Secretary of Homeland Security and the Secretary of State, must indicate that he or she falls into one of these three circumstances on the electronic entry form, instead of providing passport information. The requirements for information from a valid passport will not be waived under any other circumstances.

Mandatory Disqualification

The Department is also clarifying that failure to accurately include any information required by 22 CFR 42.33(b)(1) and (2) will result in mandatory disqualification of the petitioner for that fiscal year. The existing regulations require the petitioner to submit specific information, including, but not limited to: Name, date of birth, and place of birth for the principal petitioner and any relatives that may accompany the petitioner, if selected to apply for a diversity visa, as well as a digital photo. While these are currently requirements for the diversity visa entry form, existing regulations do not make clear the consequence for failure to provide the information. The revised regulation clarifies that failure to provide the required information, including a compliant photograph, will result in the disqualification of the entry, the petitioner, and derivatives from the DV Program for that fiscal year.

Why is the Department promulgating this rule?

The Department has historically encountered significant numbers of fraudulent entries for the DV Program each year, including entries submitted by criminal enterprises on behalf of individuals without their knowledge. Individuals or entities that submit unauthorized entries will often contact unwitting individuals whose identities were used on selected DV Program entries, inform them of the opportunity to apply for a diversity visa, and hold the entry information from the named petitioner in exchange for payment. Requiring that each entry form include a valid passport number at the time of the DV Program entry will make it more difficult for third parties to submit unauthorized entries, because third parties are less likely to have individuals’ passport numbers. Entries submitted by unauthorized third parties using a duplicative passport number will also be easily identified and automatically disqualified.

Click here to read the entire notice, or for information on where to send comments (accepted up to July 5, 2019).

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@StateDept to Establish a “Commission on Unalienable Rights”

 

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Snapshot: 3 FAM 1217 Participation of Spouse (in Representational, Charitable, or Social Activities)

 

“Unless working as an employee or contractor, participation of a spouse in the work of a post is a voluntary act of a private person, not a legal obligation which can be imposed by any Foreign Service officer (FSO) or spouse. Nonparticipation of a spouse in representational, charitable, or social activities in no way reflects on the employees effectiveness on the job.”

Cite: 3 FAM 1217
(CT:PER-924;   09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees Only)

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U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo

 

On May 9, 2019, the U.S. Commission on Civil Rights held a public hearing in Washington, D.C. to examine the Equal Employment Opportunity Commission’s (EEOC) enforcement efforts to combat workplace sexual harassment across the federal government, including the frequency of such claims and findings of harassment, the resources dedicated to preventing and redressing harassment, and the impact and efficacy of these enforcement efforts. The briefing also examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA). Commissioners heard from current and former government officials, academic and legal experts, advocates, and individuals who have experienced harassment.

Below is the video of the event. The State Department portion starts at the 2 hour mark. After listening to the State Department representative OCR’s Gregory Smith presentation in this hearing, we’re now actually curious about the kind of training he is talking about. It almost sound as if he’s waving the State Department training as a magic wand.  And after everything he said during the hearing, we are no closer in understanding what specifically is involved in their sexual harassment training.

Also, apparently, according to the State Department rep, they “strongly enforced” steps against people taking any type of retaliation but … admitted under questioning by the USCCR that “no one has been  fired” for retaliation (3:07 mark). Well, now …

Jenna Ben-Yehuda, the President and CEO of the Truman National Security Project and a former State Department employee also spoke at this hearing as well as Stephen T. Shih, NASA’s Associate Administrator for Diversity and Equal Opportunity.  Both were impressive.  This is worth your time, and don’t miss the Q&A at the end.

Morning Session: https://www.youtube.com/watch?v=K0GjPYRAsHQ . (includes State, NASA Reps)
Afternoon Session: https://www.youtube.com/watch?v=OOZqWFIimoQ (includes CRS rep, NSF)
Public Comments: https://www.youtube.com/watch?v=KgEFjUr3gHE . (includes USDOJ, State FSO)

The Commission says it routinely seeks public comments on the substance of its briefings. The public comment period is 30 days following the date of the hearing or briefing, unless provided otherwise.  Since the public briefing: “Federal Me Too: Examining Sexual Harassment in Government Workplaces” occurred on May 9, the  Commission will accept written materials until June 10 for consideration as they prepare their report on the subject. Please submit no later than June 10, 2019 to sexualharassment@usccr.gov or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.

We understand that the USCCR has asked employees (and the public) for information about:

  • the culture surrounding the reporting of harassment in State and other agencies
  • the reporting process, and
  • new tools that can be used to address the issue
  • prevention of harassment
  • suggestions how to increase enforcement of existing regulations against harassment
USCCR said during the public comment portion that interested parties may submit materials for the Commission’s consideration, including anonymous submission (mark 13.14). Those who are submitting comments with their names attached may want to inquire about privacy/confidentiality for the reporting individual and material as the USCCR will be releasing a public report at some point. An employee  speaking on background notes that individuals who signed NDAs with State may also wish to consult with  a lawyer before writing to the USCCR. We’re not equipped to give legal advice and we think it’s prudent to consult with a lawyer on the limitations on what is shareable to USCCR given the uniqueness of each sexual harassment case.

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Diplomatic Security Memorial: Ten U.S. Embassy Kabul Guards Killed in Truck Bomb #OTD #2017

 

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Secretary Pompeo Swears-In Brian Bulatao as Foggy Bottom’s New “M”

 

U.S. Secretary of State Michael R. Pompeo swears in Brian Bulatao as the new Under Secretary of State for Management with T. Ulrich Brechbühl, State Department Counselor in attendance at the U.S. Department of State in Washington, D.C., on May 17, 2019. [State Department photo by Michael Gross/ Public Domain]

Now that the new under secretary for management has been confirmed, it’s a good time to revisit Mr. Bulatao’s testimony before the U.S. Senate (see excerpt below).

The culture of empowerment created greater organizational agility and a workforce that was unleashed to take on problem sets in new ways. I certainly didn’t come up with every idea, instead I empowered our team to consider how we could do it better, fail faster, and take smarter risks. Across the board, we embraced a spirit of innovation in order to boost the speed and precision of a large organization operating in a dangerous and competitive environment.

If confirmed as the Under Secretary for Management, this is the same approach I intend to bring to the U.S. Department of State. The Department’s hard-working, patriotic, and dedicated teams deserve to have an organization that optimally utilizes their talents. And the American people must have confidence that the State Department makes the best use of their resources and provides the best practical support for our diplomatic initiatives that rely on the strength of our alliances, partnerships, and engagement.

If confirmed, I appreciate the broad management responsibility I will have for the Department’s more than 76,000 personnel – Civil Service, Foreign Service, and Locally Employed Staff – and my direct supervision over 12 bureaus and offices. These women and men serve our country in some of the most challenging places around the world, and risk their lives daily, whether serving in war zones, amidst criminal violence and disease outbreaks, and with the threat of terrorist attack. They work long hours, often separated from their families, to advance our nation’s foreign policy and support the work of diplomacy.

There is no question that the safety and security of our personnel and their families must be the highest priority. I know Secretary Pompeo cares deeply about and works hard to protect his people.

I will ensure that the Bureau of Diplomatic Security has the resources, tools, and technology and is fully integrated into Department decision-making, to most effectively perform this critical task.

I will work hard to ensure our people have secure new buildings where required, that are completed on time, on budget, and incorporate cutting-edge IT infrastructure to support the critical missions they execute globally.

If confirmed, I will seek more creative ways to staff the Department to meet today’s mission and be well positioned to meet the challenges of the future. This will include hiring the full range of expertise, from our diplomats and subject-matter experts, to our specialists in the field like medical services and facilities management, to our security personnel. Hiring the best of the best with diverse backgrounds and experiences is critical to our global mission and will be a top priority for me.

I am committed to advocating for a budget that fully funds the Department’s requirements and putting in place the appropriate oversight and metrics to ensure the Department meets its obligation to use taxpayer dollars wisely and effectively. I will support Secretary Pompeo in requesting funding that serves the national interest and will implement the appropriations law as passed by Congress.

Finally, if confirmed, I will help bring Department operations into the 21st century by modernizing its systems and programs. With so many challenges facing the United States around the world, our diplomacy demands every logistical, technological, and informational advantage we can muster. We must be aggressive in protecting our security, generating prosperity, and advancing our values. Having a State Department team that is empowered and equipped with the right tools to achieve the mission is an integral part of making that happen.

The full testimony is available to read in PDF here.

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GRACE- Religious Affinity Group Launches at State Department

 

 

 

Via careers.state.gov:

“GRACE is an affiliation of Civil and Foreign Service professionals working to promote a culture at the State Department that embraces the ability of employees to manifest religious belief generally, and Christianity specifically, in the workplace. GRACE seeks to connect Department employees that share this vision; to advocate for religious freedom and religious expression for everyone within the Department; and to highlight the value added by the perspective of people of faith in general, and Christians in particular, to the Department and its mission. In doing so, GRACE aspires to emulate Jesus’ love and respect for all people, regardless of their background or religion. Accordingly, GRACE’s membership is open to all Department employees and contractors, whether stateside or deployed overseas. For more information, please contact GRACE@state.gov.”