Snapshot: @StateDept Presidential Appointee Positions Requiring Senate Confirmation

Posted: 12:48 am  ET
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POTUS44 nominated Hillary Clinton as the 67th Secretary of State in December 2008. She assumed office on January 21, 2009.  Rex Tillerson had to wait a couple of weeks to get to Foggy Bottom after inauguration day but finally assumed office on February 1, 2017.  Susan Rice was nominated as Ambassador to the UN in December 2008 and assumed post on January 26, 2009. Nikki Haley was confirmed on January 24, 2017.

By January 28, 2009, Jack Lew was at the State Department as Deputy Secretary of State for Management and Resources (D/MR). The following day, Jim Steinberg had also assume post as Deputy Secretary of State (D). To-date, no deputy secretary has been announced and we understand that the D/MR position will not be filled.

The under secretaries in the Obama first term were at post by the following dates:

Under Secretary of State for Political Affairs: Burns, February 29, 2008
Under Secretary of State for Management:: Kennedy, November 15, 2007 (retained)
Under Secretary of State for Economic Growth, Energy, and the Environment: Hormats, September 23, 2009
Under Secretary of State for Public Diplomacy and Public Affairs: McHale, May 26, 2009
Under Secretary of State for Arms Control and International Security Affairs: Tauscher, June 26, 2009
Under Secretary of State for Civilian Security, Democracy, and Human Rights: Otero, August 10, 2009

The Obama White House rolled out its first dozen ambassadors in May 2009; the announcement includes the chief of mission positions for Argentina, Brazil, France, UK, Denmark, Rome, Iceland, India, Japan, Kosovo, and Sri Lanka (see White House Rolls Out First Dozen Ambassadors). The nominees for Sweden, Croatia, Belgium, Switzerland, Belize, etc, were not announced until mid June 2009.

To-date, the Trump White House has announced two ambassadorships (China, Israel). Below is a list of State Department positions, with a link to ambassador positions that require Senate confirmation.

Via CRS:

Full-Time Positions

Department of State 
Secretary – Rex Tillerson (confirmed 2/1/17)
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs Under Secretary—Civilian Security, Democracy, and Human Rights Under Secretary—Management
Under Secretary—Political Affairs Tom Shannon (confirmed 2/12/16)
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs (Although not guaranteed, most recent Assistant Secretaries—African Affairs also held the advice and consent part- time position as a member of the Board of Directors of the African Development Foundation)
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer (The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions112 Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific Affairs Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs Ambassador-at-Large—Coordinator—Counterterrorism Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service – Arnold Chacon (confirmed 12/12/14)
Chief Financial Officer
Inspector General – Steve Linick (confirmed 9/17/2013)
Legal Adviser
Chief of Protocol

Ambassadors
China – Terry Branstad (nominated)
Israel – Friedman David M. (February 2017) pending at SFRC
Republic of Congro – Haskell, Todd Philip (January 2017) pending at SFRC
Republic of Guinea-Bissau – Mushingi, Tulinabo Salama  (January 2017) pending at SFRC

Full list of diplomatic missions below:

Foreign Service Officers (numerous commissions and promotions)

U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission—United Nations: Nikki Haley (confirmed 1/24/17)
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)

U.S. Agency for International Development 
Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia Assistant Administrator—Food Safety Assistant Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General

European Bank for Reconstruction and Development
U.S. Executive Director

International Broadcasting Bureau, Broadcasting Board of Governors
Director

International Joint Commission, United States and Canada
Commissioner—three positions

International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)

Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.)

U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)

U.S. Trade and Development Agency
Director

Organizations with Full- and Part-Time Positions

African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)

Asian Development Bank
U.S. Executive Director (full-time) Governor and Alternate Governor (part-time)

International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Executive Director for the International Finance Corporation and the International Development Association.)

U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.)

Governor (same individual as the International Monetary Fund Governor; five-year term of office; part-time—The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.)

Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.)

Millennium Challenge Corporation

Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)

Overseas Private Investment Corporation

President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—8 (of 15 total) positions (part-time; three-year terms of office)

Peace Corps

Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)

Part-Time Positions

Advisory Board for Cuba Broadcasting (political balance required)
*Member—eight positions (three-year terms of office)

African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)

African Development Fund

Governor and Alternate Governor

Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)

Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)

U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)

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SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime

Posted: 12:45 pm EDT
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The question is why? Why is the Senate Foreign Relations Committee (SFRC) demanding that our diplomats self-certify that they have not committed a felony within the last seven years? The form says “disclosure of this information is voluntary.” But also that “failure to provide the information requested may result in delay or exclusion of your name on a Foreign Service nomination list.”

Career members of the Foreign Service must be promoted into the Senior Foreign Service by appointment of the President, by and with the advice and consent of the Senate. This self-certification is reportedly also required for employees who are up for commissioning and tenuring at the Foreign Relations committee.

So basically in bullying our diplomats into signing this witless self-certification, the SFRC will be able to provide better advice to President Obama?

How?


All Diplomats Must Hold and Keep Top Secret Clearances

The American diplomatic profession requires the issuance of a security clearance. All Foreign Service officers must hold and keep an active Top Secret security clearance.

The personnel security background investigation begins after an individual has been given a conditional offer of employment and has completed the appropriate security questionnaire, usually a Standard Form 86, Questionnaire for National Security Positions, and other required forms.  Once the security package is received by the Office of Personnel Security and Suitability, it is reviewed for completeness. National agency record checks and scanned fingerprint checks are then conducted. A case manager will direct the background investigation to cover key events and contacts from the individual’s past and present history.   Once the investigators have completed a report, highly trained security clearance adjudicators will weigh the results against existing adjudicative guidelines for security clearances. A critical step in the background investigation is the face-to-face interview the individual will have with a DS investigator. This interview usually occurs within a few weeks of an individual submitting a complete security clearance package. Security clearances are subject to periodic reinvestigation every 5 years for TS clearance, and every 10 years for a Secret clearance.

When there is derogatory information, even based on preliminary facts from a DS criminal investigation, Federal Bureau of Investigation (FBI) counterintelligence or other law enforcement investigation, or an Inspector General investigation, the security clearance is suspended.  Personnel whose security clearances have been suspended may not be placed on temporary duty status at diplomatic facilities abroad and may not be retained in positions requiring a security clearance until the investigation is resolved.

The names of those with pending investigations are automatically removed from the promotion list.  It goes without saying …. oops, maybe it does need saying — diplomats who have pled guilty or convicted of a crime will not be able to hold a security clearance, much less have his/her name included in the promotion list.

Let’s give you an example — Michael Sestak, an FSO who pled guilty in a visa fraud-bribery case. He is currently sitting in jail. He’ll be sentenced in April.  When he comes out of prison, he will not/not have a job to return to at the State Department. Does anyone at the SFRC really think that somebody like Mr. Sestak can slip through federal employment again, get on the promotion list and somehow make it through the most deliberative body in Congress. No? So why would anyone in the Senate think that this self-certification is anything but idiotic?

 

8,042 Diplomats Targeted

On March 2012, fcw.com cited 2,102,269 as the total number of executive branch employees.  Of those, however, only 1,877,990 are full-time, permanent employees. These numbers reportedly do not include uniformed military personnel, or data on the Postal Service and excludes legislative and judicial branch employees.

Out of the 2.1 million employees, the State Department has  a total of 71,782 employees which includes 47,110 Foreign Service National (FSN) employees; 10,871 Civil Service (CS) employees and 13,801 (FS) Foreign Service employees as of December 2014 (see stats here-pdf.)

Of the total 13,801 Foreign Service employees, 8,042 are considered “Generalists” and 5,759 are “Specialists.”  The “Specialists which include DS agents, and HR, IT professionals are not subject to Senate confirmation.  The “Generalists” are the Foreign Service Officers  whose tenure and promotion are subject to confirmation by the United States Senate.

The Senate majority in the Foreign Relations Committee appears to be targeting only Foreign Service officers.  FSOs, and FSOs alone have been asked to self-certify that they have not been “convicted of or pled guilty of any crime” in the last seven years. As far as we are aware, this requirement does not extend to nominees who are political appointees.

What makes career diplomats special, pray tell?


The White House Knows About This? You Gotta be Kidding.

This self-certification form which is not available at OPM.gov and does not include an official form number says that “The information collected and maintained in this form will be used as part of the vetting process for Foreign Service Lists submitted to the White House for eventual nomination to the Senate.”

An informed source told us that this self-certification had been negotiated between a representative of AFSA, a staffer at the Senate Foreign Relations Committee, and the State Department.

No, there were no photos.

Apparently, there also was no White House representative involved, although you might missed that when reading the unclassified State Department 14 STATE 98420 cable dated Aug 12, 2014, which says in part:

The Senate Foreign Relations Committee (SFRC) now requires additional vetting before it considers nominees for confirmation in all of the above-mentioned categories. Effective immediately all employees in those categories who have been nominated on or after April 1, 2014 must file a self-certification form certifying that they have not been convicted of a crime or pled guilty in any court over the past seven years, regardless of whether the record in the case has been sealed, expunged, or otherwise stricken from the court record. HR will notify those employees who are up for commissioning, tenure and SFS promotion that they must submit the form, available at:  [Note: we redacted sbu link] and which must be submitted to HR-PasSelfCertificat@state.gov.
Please note: failure to submit the form will mean that HR will not/not forward your name to the White House for nomination to the Senate. There is no waiver of the SFRC requirement. For those individuals who are unable to make the certification, and wish to provide information relevant to any conviction or guilty plea in the last seven years, they may report the information in the space provided on the form. Further investigation may be made on the basis of any additional information provided. The Department may then be required to provide this information to the SFRC.

 

AFSA and the State Department must realized that this is a meaningless and coersive made-up document, but both rolled over and played dead.  No other nominees of any agency of the U.S. government are obliged to sign such a certificate, which is essentially, again, meaningless in the context of a profession in which an active security clearance is a prerequisite to the performance of a job.

This is spectacular and unprecedented.

Well, not unprecedented if you count Senator McCarthy’s witch hunt and lavender scare in the 1950s.


Why roll over and play dead?

The SFRC can hold up ambassadorial nominations, senior State Dept level nominations (undersecretaries/assistant secretaries), and decide who to put first on the hearings list and who to put last (see Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!).  The simple act of holding up large numbers of nominees rather than passing them through at a reasonable pace wreaks havoc on State’s budget, assignments process, and people’s lives. (see Is the U.S. Senate Gonna Wreck, Wreck, Wreck, the Upcoming Bidding Season in the Foreign Service?)  Salaries, promotions, transfers, offices, authorities are money. Ambassadors who do not go to posts on time have big time resource implications in addition to political implications. People who do not have the legal authority to do their jobs (is a consular officer’s notarial legal if he/she did not receive Senate confirmation?) operate in a legal limbo presumably implying risks of all kinds.

So —

Self_certification

click image for larger view

 

Why not ‘just do it’ like Nike? It’s already done but it’s a horrible precedent, what’s next?

This is already being done. Folks have already signed this self-certifying documents and have submitted them as a requirement to their nominations.  They don’t really have a choice, do they? But where does it end?

It doesn’t.

We’ve learned that the SFRC gets information  on names recommended for promotion from the State Department “following vetting” and also directly from the OIG, including information that reportedly goes back decades.

That’s right, going back decades.

If an FSO or any employee is charged with a crime, the employee defends himself/herself in court, and if charged with an administrative matter, the employee defends himself/herself in an HR process. That’s how it works.

One SFRC staffer is now reportedly “negotiating” to gain access to OIG investigative data under the guise of allowing the Senate panel to better advise President Obama concerning the qualifications of Foreign Service Officer candidates. But what the SFRC is now “negotiating” with State and AFSA would be access to raw OIG and Diplomatic Security reports containing derogatory information without any of an employee’s mitigating, exculpatory or defensive evidence information. You okay with that?

What is Senator Corker’s SFRC going to ask for next, your diplomatic liver?

The White House seems asleep at the wheel on this. Today, it’s the State Department, tomorrow, it could be any agency in the Federal Government.

Hey, the Senate Foreign Relations Committee is doing it, what’s the rest of the Senate going to ask for next?

 #

GOP Takes Control of the Senate — Keep Calm But Don’t Pack Your Bags!

— Domani Spero
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This happened last night, and pretty quickly, too.

 

The Nation lists Staffing the Executive Branch as one of the possible problematic area after the GOP take-over of the U.S. Senate:

For much of the Obama presidency, Republicans in the Senate stymied up literally hundreds of presidential appointments to cabinet slots big and small, as well as nominations to the federal bench. Harry Reid implemented filibuster reform one year ago, and nominations have been handled more quickly—but with Republicans in charge, expect them to grind to a halt. Republicans blocked nominees reflexively under the old filibuster rules, many times without offering a single actual objection, and that’s very likely to resume now.

The recent Yahoo article about the State Department being top heavy with political picks, also include the following nugget:

A top GOP aide, asked what would happen to the stalled “ambassadonor” nominations, signaled that those would-be diplomats shouldn’t pack their bags.

When it comes to confirmations of Obama nominees in a Republican Senate, the aide said dryly, “partisan picks and Obama bundlers won’t be at the top of the list.”

So — in real terms, that means no one can pack their bags or schedule any packout. Maybe, we’ll see some confirmation of career diplomats to ambassadorial positions this year.  Or maybe not. What might be more problematic, of course, would be the confirmation of presidential bundlers nominated as ambassadors to some of our overseas posts. If the clock runs out and none of these nominees get confirmation this year, President Obama will have to resubmit these nominations to the next Congress in January 2015. A GOP-controlled Senate may or may not act on these nominations.

keep-calm-but-don-t-pack-your-bags

The following are the ambassadorial nominees currently pending on the Senate’s Executive Calendar. They have all been cleared by the Senate Foreign Relations Committee but could not get voted on in the full Senate:

Ambassadorial Nominees: Career Diplomats

  • Karen Clark Stanton, of Michigan, to be Ambassador to the Democratic Republic of Timor-Leste
  • Donald Lu, of California, to be Ambassador to the Republic of Albania
  • Amy Jane Hyatt, of California, to be Ambassador to the Republic of Palau
  • Arnold A. Chacon, of Virginia, to be Director General of the Foreign Service
  • Luis G. Moreno, of Texas, to be Ambassador to Jamaica
  • Maureen Elizabeth Cormack, of Virginia, to be Ambassador to Bosnia and Herzegovina
  • Theodore G. Osius III, of Maryland, to be Ambassador to the Socialist Republic of Vietnam
  • Leslie Ann Bassett, of California, to be Ambassador to the Republic of Paraguay
  • George Albert Krol, of New Jersey, to be Ambassador to the Republic of Kazakhstan
  • Marcia Stephens Bloom Bernicat, of New Jersey, to be Ambassador to the People’s Republic of Bangladesh
  • James D. Pettit, of Virginia, to be Ambassador to the Republic of Moldova
  • Allan P. Mustard, of Washington, to be Ambassador to Turkmenistan
  • Erica J. Barks Ruggles, of Minnesota, to be Ambassador to the Republic of Rwanda
  • Earl Robert Miller, of Michigan, to be Ambassador to the Republic of Botswana
  • Judith Beth Cefkin, of Colorado, to be Ambassador to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu
  • James Peter Zumwalt, of California, to be Ambassador to the Republic of Senegal and to serve concurrently and without additional compensation as Ambassador to the Republic of Guinea-Bissau
  • Craig B. Allen, of Virginia, to be Ambassador to Brunei Darussalam
  • Barbara A. Leaf, of Virginia, to be Ambassador to the United Arab Emirates
  • Virginia E. Palmer, of Virginia, to be Ambassador to the Republic of Malawi
  • William V. Roebuck, of North Carolina, to be Ambassador to the Kingdom of Bahrain
  • Pamela Leora Spratlen, of California, to be Ambassador to the Republic of Uzbekistan
  • Donald L. Heflin, of Virginia, to be Ambassador to the Republic of Cabo Verde
  • Robert T. Yamate, of California, to be Ambassador to the Republic of Madagascar, and to serve concurrently and without additional compensation as Ambassador to the Union of the Comoros
  • Gentry O. Smith, of North Carolina, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service
  • Linda Thomas-Greenfield, an Assistant Secretary of State (African Affairs), to be a Member of the Board of Directors of the African Development Foundation for the remainder of the term expiring September 27, 2015
  • Michele Jeanne Sison, of Maryland, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador, and the Deputy Representative of the United States of America in the Security Council of the United Nations
  • Brent Robert Hartley, of Oregon, to be Ambassador to the Republic of Slovenia

 

Ambassadorial Nominees: Non-Career Political Appointees

  • George James Tsunis, of New York, to be Ambassador to the Kingdom of Norway
  • Colleen Bradley Bell, of California, to be Ambassador to Hungary
  • Robert C. Barber, of Massachusetts, to be Ambassador to the Republic of Iceland
  • Mark Gilbert, of Florida, to be Ambassador to New Zealand, and to serve concurrently and without additional compensation as Ambassador to the Independent State of Samoa
  • John L. Estrada, of Florida, to be Ambassador to the Republic of Trinidad and Tobago
  • Brent Robert Hartley, of Oregon, to be Ambassador to the Republic of Slovenia
  • Cassandra Q. Butts, of the District of Columbia, to be Ambassador to the Commonwealth of The Bahamas
  • Noah Bryson Mamet, of California, to be Ambassador to the Argentine Republic
  • Stafford Fitzgerald Haney, of New Jersey, to be Ambassador to the Republic of Costa Rica
  • Charles C. Adams, Jr., of Maryland, to be Ambassador to the Republic of Finland
  • Frank A. Rose, of Massachusetts, to be an Assistant Secretary of State (Verification and Compliance)
  • Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development (currently Under Secretary for State/E)
  • David Nathan Saperstein, of the District of Columbia, to be Ambassador at Large for International Religious Freedom
  • Paige Eve Alexander, of Virginia, to be an Assistant Administrator of the United States Agency for International Development (USAID)
  • Jonathan Nicholas Stivers, of the District of Columbia, to be an Assistant Administrator of the United States Agency for International Development (USAID)

 

We’ll have to see what happens next.

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