Secretary of State to be Sole Recipient of ARB Report, Will Also Determine Its Subsequent Distribution.

 

On June 1, 2020, the State Department updated its Foreign Affairs Manual (12 FAM 030) covering the Accountability Review Board (ARB). The chair of the ARB Permanent Coordinating Committee will now be the director of the Office of Management Strategy and Solutions (M/SS). If we remember correctly, this used to be the director of M/PRI (Office of Management Policy, Rightsizing and Innovation (M/PRI). Another update relates to the classification authority of Board Members; they have no original classification authority; M/SS will exercise original classification authority on the Board’s work materials.  On the ARB’s findings, the Board submits its findings to the Secretary of State through M/SS.  The updated regs make clear that “the report will initially be provided solely to the Secretary, who will determine its subsequent distribution.”
The updated regs has not eliminated 12 FAM 036.4  which refers to Reports to Congress (an update from 10-05-2017). Per the ARB statute, the Secretary will, not later than 90 days after the receipt of a Board’s program recommendations, submit a report to the Congress on each such recommendation and the action taken with respect to that recommendation.”
The Secretary is required to submit “a report” to the Congress not later than 90 days but the regs does not require him/her to submit the ARB report. The new regs says the secretary of state will determine the report’s “subsequent distribution.”

12 FAM 035  FINDINGS AND RECOMMENDATIONS

12 FAM 035.1  Findings
(CT:DS-332;   06-01-2020)

a. Examination:  A Board will examine the facts and circumstances surrounding the security-related incident or a visa incident.

b. Written submission:  In its report to the Secretary, a Board makes written findings, which may be classified, as necessary.

c.  Dissemination of findings:  The board submits its written findings directly to the Secretary through the M/SS director, whose role is only to classify the document as appropriate (the Board members do not have original classification authority), and L, whose role is to offer legal advice about the report, including ensuring that the report meets the legal requirements laid out in 22 U.S.C. 4834.  The report will initially be provided solely to the Secretary, who will determine its subsequent distribution.  The Board’s written findings are distributed as directed by the Secretary following the Secretary’s receipt of the Board’s written findings.

12 FAM 034.2-5  Classification Authority
(CT:DS-332;   06-01-2020)

Members of the Board do not have original classification authority.  The director of M/SS will exercise original classification authority for materials originating from Board activities.

12 FAM 032.1  ARB Permanent Coordinating Committee (ARB/PCC)
(CT:DS-332;   06-01-2020)

a. Purpose:  The ARB/PCC will, as quickly as possible after an incident occurs, review the available facts and recommend to the Secretary to convene or not convene a Board.  (Due to the 1999 revision of the law requiring the Secretary to convene a Board not later than 60 days after the occurrence of an incident, except that such period may be extended for one additional 60-day period, the ARB/PCC will meet within 30 days of the incident if enough information is available.) In addition, the ARB/PCC will meet yearly to review the ARB process, existing policies and procedures, and all past ARB recommendations, and ensure that any necessary changes are effected.

b. Membership:  The ARB/PCC will be composed of the following members:

(1)  The director of the Office of Management Strategy and Solutions (M/SS), who will chair the ARB/PCC; or designee

(2)  The Assistant Secretary for Diplomatic Security or designee;

(3)  The Assistant Secretary for Intelligence and Research or designee;

(4)  The coordinator for Counterterrorism or designee;

(5)  The assistant secretary or designee of the relevant regional bureau(s)

(6)  One representative designated by and representing the DNI; and

(7)  The Assistant Secretary for Consular Affairs or designee.

    NOTE:  Designees must have the authority to vote at ARB/PCC meetings on behalf of their principal; they may not defer decisions until they have briefed the principal.

c.  Other participants:  As a result of the State-Justice Memorandum of Understanding (MOU) dated September 20, 2001, the Department of Justice has attended PCC meetings.  The Department’s Deputy Legal Adviser, director of the Bureau of Medical Services, and Executive Secretary of the Executive Secretariat, or his/her designees, will attend PCC meetings.  Also, as determined by the chairperson, representatives of other offices and agencies may be invited to work with the ARB/PCC.  Participants listed in this section do not vote.

 

Snapshot: Managing Accountability Review Board (ARB) Recommendations

Via 12 FAH-12 H-010
06-01-2020
(Office of Management Strategy and Solutions (M/SS))

(Click image to see larger view)

Related item:
12 FAM 030 ACCOUNTABILITY REVIEW BOARD (ARB)
Snapshot: ARB Recommendations — Procedural Action and Responsibilities 2016

Did US Embassy Bangui Go on “Ordered Departure” Without Telling Anyone? (Updated)

Updated 3/28/2020, 8:20 pm PDT | US Embassy Bangui’s Health Alert dated March 26, 2020 says “On March 18, the Department of State ordered the departure of non-emergency U.S. personnel in Bangui.”
We learned last week that the US Embassy in Bangui, Central African Republic “just went on ordered departure.” Apparently this was less about Covid19 and more about a flare-up of violence in the country. To-date, neither the State Department nor the US Embassy has made an announcement about this post’s evacuation status.
On March 20, US Embassy Bangui released the following statement about reduced staffing:

The U.S. Embassy in Bangui announces that it is reducing its staffing in response to increasing travel restrictions, limited health infrastructure and potential disruption of supply chains for essential goods in the Central African Republic.

We call your attention to the State Department’s Global Travel Advisory issued March 19, 2020

The State Department has issued a global travel advisory advising all U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel.  Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice.  Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips.  If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.

U.S. Embassy in Bangui does not provide visa or citizen services  to U.S. citizens in CAR.  U.S. citizens in need of assistance there are advised to contact the U.S. Embassy in Yaoundé, Cameroon.
Note that the Central African Republic is on a Level 4 Do Not Travel Advisory “due to crime, civil unrest, and kidnapping” as of December 12, 2019. The Travel Advisory has not been updated to indicate its evacuation status as of this writing.
A source at a neighboring post is similarly perplexed as they know from colleagues in Bangui that the embassy has gone on ordered departure despite the lack of public announcement.  We were asked if it is possible to have an internal ordered departure and Foggy Bottom knows it but it’s not ‘official’?
These days anything is possible, it seems, but we don’t know how that works without running afoul of 7 FAM 050 No Double Standard Policy. “Generally, if the Department shares information with the official U.S. community, it should also make the same or similar information available to the non-official U.S. community if the underlying threat applies to both official and non-official U.S. citizens/nationals.”
7 FAM 053(f) includes a reminder: “Remember that if post concludes it should warn, or has warned, its personnel or any U.S. Government employees beyond those with a strict need-to-know, whether permanently stationed or on temporary duty abroad, about a security threat, post should share that same information with the non-official U.S. community under the “No Double Standard” policy (see 7 FAM 052).

 

@StateDept’s Level 4 “Do Not Travel” Countries as of May 6, 2019 (Updated)

Via travel.state.gov:

Updated: May 10, 2019: Note that while Mexico is listed as a “Level 2: Exercised Increased Caution” country, the following five states in Mexico are considered “Level 4: Do Not Travel ” locations:

  • Colima state
  • Guerrero state
  • Michoacán state
  • Sinaloa state
  • Tamaulipas state

We understand that Mexico is the only country that the State Department breaks down this way.

@StateDept Ups Sri Lanka Travel Advisory After Multiple Easter Sunday Explosions (Updated)

Updated: On April 26, 2019, the Department of State ordered the departure of all school-age family members of U.S. government employees in Kindergarten through 12th grade.  The Department also authorized the voluntary departure of non-emergency U.S. government employees and family members.

On April 21, the State Department increased the Travel Advisory for Sri Lanka to Level 2 (Exercise Increased Caution) after multiple attacks throughout the country. Explosions reportedly occurred at  the Shangri La, Cinnamon Grand and Kingsbury hotels in Colombo and churches in Kochchikade, Katuwapitiya and Batticaloa; the blasts killed 290 people and wounded 500.  Arrests have been made and investigations are ongoing according to media reports.

The Advisory says in part:

Exercise increased caution in Sri Lanka due to terrorism. Terrorist groups continue plotting possible attacks in Sri Lanka. Terrorists may attack with little or no warning, targeting tourist locations, transportation hubs, markets/shopping malls, local government facilities, hotels, clubs, restaurants, places of worship, parks, major sporting and cultural events, educational institutions, airports, and other public areas.

The U.S. Embassy in Colombo also announced that it will be closed to the public on April 22. The American Center in Colombo & all American Spaces will also be closed. Emergency American Citizen Services will be available (see contact number below).  In a statement to the press, the secretary of state confirmed that “several U.S. citizens were among those killed” in Sri Lanka attacks,

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US Embassy Haiti Now on Mandatory Evacuation For All Non-Emergency Staff and Family Members

Posted: 7:06 pm PST
Updated: 8:23 pm PST

 

After about a week of protests in Haiti, the State Department issued a mandatory and voluntary departure orders for some family members of non-emergency staff at the US Embassy in Haiti. See U.S. Embassy Haiti Now on Mandatory Evacuation For Diplomatic Family Members Under the Age of 18, “Authorized Departure” Also On.

On February 14, the US Embassy issued a Security Alert noting about “reports of armed men in the area near U.S. Embassy personnel housing compounds.” Post instructed embassy personnel “to remain indoors.”

We understand that post had requested the full “ordered departure” for non-emergency staff within the last 24 hours.  An official statement on the status of non-emergency personnel in country has now gone out. The mandatory evacuation is for all non-essential staff, and for all family members. As of this writing, the Haiti Travel Advisory is still dated February 12, and has not been updated to reflect the updated “ordered departure” status for non-essential personnel.

Updated: When we look at travel.state.gov again at 8:23 pm PST, the February 14 updated Level 4 Do Not Travel Advisory for Haiti  is up. The Advisory notes the crime and civil unrest in the country, the mandatory evacuation of non-emergency staff and family members, and the U.S. government’s  limited ability to provide emergency services to U.S. citizens in Haiti.

Update: Contact Details For This Blog

Hey folks, we’ve updated our contact info. We’ve deleted the Contactify email for this blog previously but inadvertently left one link on. Apologies for that.  If you’ve sent us anything via Burn Bag and have not seen anything posted, please consider sending it again.

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For comment, feedback or request for correction our contact link remains the same here: https://diplopundit.net/contact-us/

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Many thanks!

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Retired Navy Rear Admiral Edward Masso to be Ambassador to Estonia

Posted: 2:23 am ET
Updated: July 2, 2018
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Update: On May 24, 2018, the White House sent the following withdrawal to the Senate:

WITHDRAWAL SENT TO THE SENATE
Edward Masso, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia, which was sent to the Senate on September 5, 2017.

On September 2, President Trump announced his intent to nominate retired Admiral Edward Masso to be Ambassador to Estonia. The WH released the following brief bio:

Admiral Edward Masso to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia. Mr. Masso is a highly decorated Naval Officer who is the founder and president of Flagship Connection, a consulting company focused on business development, strategic planning, and operations analysis in the areas of missile defense, cyber security, and data analytics. During his distinguished 32-year career in the U.S. Navy, he held nine command assignments, including Commander, Navy Personnel Command/Deputy Chief of Naval Personnel. He has served in NATO and the United States European Command. Mr. Masso is a Senior Fellow at the Potomac Institute for Policy Studies in Cyber Security. He graduated from the University of Mississippi in 1977.

JINSA has a detailed bio of Admiral Masso here.

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D/Secretary Sullivan Touts 500 Additional Comments Submitted to Redesign Portal

Posted: 3:40 am ET
Updated: 3:12 pm PT
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Deputy Secretary John Sullivan held a town hall for State Department employees on August 8, 2017 (see Three Reasons For Sullivan’s Town Hall, Plus Feedback, and Some Re-Design Concerns;  Deputy Secretary Sullivan’s Town Hall With @StateDept Employees Now in Gifs), and  Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable.  He recently updated employees with several questions he promised to answer during the town hall.

In a brief message to employees, D/S Sullivan said that “the redesign process is moving ahead on schedule” and that they appreciate the employees participation.  Apparently, before the town hall, the State Department received approximately 300 suggestions/ comments submitted to the online portal dedicated for the redesign. Mr. Sullivan told employees that in the week after the town hall, they had received more than 500 additional submissions to the portal. “Each of those contributions has been reviewed and considered by the teams working on the redesign effort.” He urge employees to “remain engaged” as “we work together to improve this wonderful institution to which you and so many others have given so much over our nation’s history.”

On the Department’s Pathways Programs

D/S Sullivan announced that on August 17, Secretary Tillerson approved conversions to one-year term, part-time Civil Service appointments for Pathways interns who have successfully completed the program, who are within their 120-day conversion period, and have been recommended for conversion by their hiring bureaus.

On LGBT employees/assignments

D/S Sullivan told employees that the Department is “dedicated to ensuring equal treatment for all employees.” He informed employees that the State Department “pro-actively maintain a matrix to assist LGBT colleagues planning assignments overseas.” He also told employees that as of 2017, 97 governments have granted accreditation. “This is 58 percent of reported countries, which is a substantial increase since we started monitoring accreditation in 2011. We have also made significant progress in moving countries off the “No” list into another category that may be short of accreditation but provides employees with additional options.”  

On the Travel Approval Process

He informed employees that “there has been no change to the process for routine international travel and a clarification has already been sent to bureau front offices.” We’ve previously learned that the guidance was issued Monday evening, August 7, that ALL overseas travel “to participate in events” must be approved via action memo to the Secretary himself. It also requested a detailed budget breakdown of the trip and information on other participants. The same guidance was rescinded by Tuesday evening, August 8.

Mandatory Retirement Age to 66

D/S Sullivan notes that the mandatory retirement age is a component of the Foreign Service’s up-or-out system, which was modeled after a similar system in the military. “It is also a recognition of the rigors and stresses of a Foreign Service career, largely spent overseas in often difficult and dangerous places.” He notes further that any change to the mandatory retirement age would require a change to the Foreign Service Act of 1980.  His response also cites the exception to the mandatory retirement at age 65  – if the Secretary of State “determines it to be in the public interest to retain someone for a period not to exceed 5 years beyond the mandatory retirement age.” 

That’s in the books, but we’ve never heard of the secretary of state invoke that exception. In one case we are aware of where an FSO was subject to mandatory retirement and asked how he/she can request that exception, HR reportedly told him/her not to bother.

A reader feedback notes that there were mandatory retirement exceptions granted to some FS specialists, specific to Financial Management Officers.  We were informed that extensions for FMOs seem to happen with regularity although “not everyone asks, and some that ask are politely told ‘don’t bother’.”  Those who were granted limited extensions were given 1-2 years and appears to be “high performers who for one reason or another were FS-1s who did not make SFS and were vital members of the regional bureau budget team.”  

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Whoa! What happened to these Foreign Service Grievance Board (FSGB) files? (Updated)

Posted: 3:26 am ET
Updated: 2:53 pm PT (see below)
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An interesting excerpt from an FSGB case:

Grievant “contends that she should not be held to a higher stand (sic) than senior Department officials and a DCM. In two of those cases, very high-ranking officials were found to have been less than candid with the Deputy Secretary of State about their relationships and not to have followed his instructions to “knock it off.””
[…]
FSGB: “However, we find it difficult to conclude that she should be held to a standard higher than that imposed on two of the Department’s most senior managers (Employees 2005-103 and 2005-104), who were both charged, unlike grievant, with lack of candor; who failed to heed direct instructions from the Deputy Secretary of State; and whose conduct led to several complaints being lodged with the Director General of the Foreign Service, as well as curtailments from the office in which they worked. Likewise, we do not agree that grievant, an FS-02, should be punished more harshly than the employee charged in FSGB Case No. 2003- 045, who was, at least during part of the conduct at issue, a Deputy Chief of Mission and thus presumably senior to grievant in the instant case, in both rank and responsibility.”

That perked our interest. So we went looking for FSGB cases 2005-103, 2005-104 and FSGB Case No.2003- 045 using the search and browse function at fsgb.gov.  And lo, and behold, all these files (Record of Proceeding) are missing from the FSGB website (the FSGB case is online, but search function failed to locate it, see explanation below).  We’ve asked the FSGB what happened to these files and why they are not online. We will update this post if/when we get a response.

The Deputy Secretary of State in 2005 is either Richard Armitage who served from March 26, 2001 to February 22, 2005 or Robert Zoellick who served from February 22, 2005 to July 7, 2006, both under President George W. Bush. The Director General of the Foreign Service at that time is W. Robert Pearson who served from October 7, 2003 – February 27, 2006.

Update 2:53 pm PT

In response to our query, FSGB said that the first two numbers we cited (Employees 2005-103 and 2005-104) are not FSGB numbers but numbers assigned by the State Department to employees who faced some sort of discipline; these discipline cases were later presented to the Foreign Service Grievance Board as comparators.  The FSGB website only includes decisions and orders from the Board. It adds:

“We try to post all our decisions and orders online. Sometimes we learn something was missed due to an administrative error, and then we post it as soon as possible when the problem is brought to our attention. We also are reviewing each year’s cases systematically to ensure there are no gaps. We welcome your bringing to our attention any gaps you identify. Please note, however, that a skipped number does not necessarily mean there is something that we are not posting; it could mean that an appeal was withdrawn very early or consolidated with another appeal and given the other appeal’s number before issuance of a decision.”

As to FSGB Case No. 2003-045, it is online and the Board provided us the link here

 

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Related item:
State-13: Foreign Service Grievance Board Records