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@StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days

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Posted: 1:53 am ET

 

In the Spring 2017 OIG Report to Congress, State/OIG informed Congress of the following:

OIG did not encounter any attempts to interfere with IG independence—whether through budgetary constraints designed to limit its capabilities or otherwise—for the reporting period from October 1, 2016, through March 31, 2017.

During this reporting period, OIG identified the following incidents where the Department resisted or objected to oversight activities or restricted or significantly delayed access to information. The incidents either arose during or persisted into this reporting period. As to each item, OIG has addressed the issue as described below:

The Bureau of Diplomatic Security (DS) has limited and continues to limit OIG’s permanent worldwide access to specific DS systems that OIG requires to conduct its oversight activities. OIG has and continues to make repeated requests for access, and DS has denied or revoked access without notice. At this time, OIG is working with the Department to correct this situation.

The Bureau of International Narcotics and Law Enforcement Affairs (INL) delayed OIG access to requested information. OIG worked with the Department and sub- sequently obtained the required information. OIG continues to work with the Department to ensure that, in the future, INL provides requested information in a timely manner.

OIG previously explained in response to other requests from Congress that it had faced challenges investigating allegations of criminal or serious misconduct by Department employees. This limitation was addressed in recent legislation— enacted in December 2016—that requires the Department to submit to OIG within 5 days a report of certain allegations of misconduct, waste, fraud, and abuse. OIG and the Department are actively working to ensure that these reports are provided in a timely manner and that OIG receives all necessary information as required by the statute.

Related items to read:

On or about this time, the State Department has also updated 1 FAM 050 of the Foreign Affairs Manual as the reporting requirement was included in the Department of State Authorities Act for Fiscal Year 2017:

1 FAM 053.2-6  Required Reporting of Allegations to the OIG
(CT:ORG-411;   04-13-2017)

a. Effective December 16, 2016, section 209(c)(6) of the Foreign Service Act of 1980, as added by section 203 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 3929(c)(6)), provides:

REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.—

(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—

(i) waste, fraud, or abuse in a Department program or operation;

(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;

(iii) criminal misconduct on the part of a Department employee; and

(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.

(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation.

b. Any allegation meeting the criteria reflected in the statute should immediately be brought to the attention of the relevant head of a bureau, post, or bureau-level office. (Bureau-level offices are entities on the Department’s organizational chart as revised from time to time, see Department Organizational Chart.)

c.  The first report by any Department entity should cover the period beginning December 16, 2016 (the day the law went into effect), and ending not later than five business days before the date of that report. Thereafter, any additional reportable information is due not later than the five-business day deadline stated in the statute. 

d. Questions regarding this reporting requirement may be directed to the Office of the Legal Adviser for Management (L/M), or the OIG’s General Counsel or Deputy General Counsel.

e. As outlined in 1 FAM 053.2-5, any Department employee or other personnel may continue to raise any allegations directly to OIG, via the OIG Hotline, internalhotline@stateoig.gov, or 1-800-409-9926, or the other methods listed elsewhere in the FAM.  All Employees, Locally Employed Staff, Foreign National Employees, individuals providing services via Personal Service Agreements (PSAs), Personal Service Contractors (PSCs), third party contractors, subcontractors, and grantees at all levels are also reminded of the existing reporting requirement contained in 1 FAM 053.2-5 paragraph d and the existing reporting requirements regarding criminal activity, employee misconduct, allegations of harassment, or any other reportable offenses to the relevant action office in Washington.

f.  Below is a reporting template, which may be modified pursuant to the situation or needs of the reporting entity.  

The FAM reporting template notes the following:

The information provided in this report is preliminary and may be unsubstantiated.  Any records or information provided to the OIG in the preliminary report are compiled for law enforcement purposes under the meaning of the Freedom of Information Act, 5 U.S.C. 552.  The information in this preliminary report may constitute Personally Identifiable Information.  The unauthorized disclosure of information contained in this preliminary report could reasonably be expected to constitute a violation of the Privacy Act of 1974, 5 U.S.C. 552a.  To the extent the information pertains to an open investigation, the release of such preliminary information could reasonably be expected to interfere with enforcement proceedings.

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@StateDept Releases New Sexual Assault Guidance For COM Personnel & Facilities Outside the United States

Posted: 1:09 am ET

 

We’ve written several blogposts (see below) about the lack of sexual assault guidance in the Foreign Affairs Manual, most recently in May this year (see A #SexualAssault Reporting Process Foreign Service Members Deserve: How Much Longer Secretary #Tillerson?).

On June 6, the State Department finally issued a new Foreign Affairs Manual sub-chapter 1710 SEXUAL ASSAULTS INVOLVING CHIEF OF MISSION PERSONNEL AND FACILITIES but it was not made available online. On June 20, a FAM revision was made according to the Change Transmittal to correct the subchapter title, specifying that the subchapter pertains to matters outside the United States, as well as to update a few other references. The chapter is now available online for folks to read.

https://fam.state.gov/FAM/03FAM/03FAM1710.html

You may also read it below; use the lower-right hand arrow to maximize the Cloudup page.

We’re still reading though this. We hope to have a follow-up post later. For now we want to say thank you to the FS members who shared their difficult stories with us and our readers; to former U/S Patrick Kennedy for the creation of the inter-bureau taskforce to create this subchapter; to the members of the task force who did the work on this, and Secretary Kerry then, and Secretary Tillerson now who oversees the Department and the Foreign Service.

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Sexual Assault Related posts:

 

A #SexualAssault Reporting Process Foreign Service Members Deserve: How Much Longer Secretary #Tillerson?

Posted: 8:55 pm PT

 

We’ve written several blogposts on sexual assaults and/or the lack of clear sexual assault reporting guidance in the Foreign Service in 2016 (see The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief and First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult… and other links below).

On November 22 last year, the State Department directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance). In December, we posted an update when the State Department told us that “The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day.” (see @StateDept Task Force For New Sexual Assault FAM Guidance – An Update). Through the last few months we have regularly checked in with the State Department to follow-up on the new regulations.

Today is exactly six months to the day when an inter-bureau taskforce was directed to create a new section in the Foreign Affairs Manual for guidance on sexual assault.  The State Department’s Bureau of Public Affairs — that in the past had been responsive in assuring us that the agency is committed to the creation of the sexual assault regulations —  did not acknowledge nor respond to our inquiry as of this writing.

So let’s ask their boss — how much longer Secretary Tillerson before the Foreign Service gets its sexual assault reporting guidance?

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Sexual Assault Related posts:

 

@StateDept Task Force For New Sexual Assault FAM Guidance – An Update

Posted: 12:57 am ET

 

We’ve written about nine blogposts on sexual assaults and/or lack of clear sexual assault reporting guidance in the Foreign Service since August this year (see links below).   On November 22, the State Department finally directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

Mindful that there are 35 days to go before a new administration takes office, we requested an update on the task force convened by “M” to craft the sexual assault guidance in the FAM.

A State Department spox sent us the following:

“The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day. Currently, the Department has policies and procedures relating to sexual harassment and workplace violence. Employees and their family members can receive assistance and advice from MED, DS and S/OCR on these issues.

 The taskforce is initially focused on establishing FAM definitions and will then build out the program, communications and training. The group has met with Peace Corps and will soon meet with DOD to understand what each has done on this issue. Both of those agencies dedicated several years to building their programs.

The taskforce includes members from MED, HR/ER and HR/DGHR, M staff and M/PRI, DS/DO/OSI and DS front office, S/OCR, and L. The group has also heard from a number of diplomatic community members at post who were eager to contribute ideas and offer feedback throughout the process. The group welcomes this contribution and feedback.”

 

So 35 days to go but we already know that the new guidance will not be ready until after January 20. We are pleased to hear that the taskforce is consulting with both DOD and Peace Corps who each has its separate reporting mechanism.  We are certain that the bureaucracy will continue to grind despite the transition but we do not want this to fall through the cracks.  If you are a member of the Foreign Service who provided feedback to this taskforce, and if you are a member of the FS community who considers an assault on one as an assault on all, you’ve got to keep asking until this gets done.

The Department’s Anti-Harassment Program is managed by the S/OCR, an office that reports directly to the Secretary of State. It conducts inquiries into allegations of sexual and discriminatory harassment in the Department.  It is not the appropriate office to handle sexual assault crimes. To initiate the EEO complaint process, regulations require that employees contact S/OCR or an EEO counselor within 45 calendar days of the alleged discriminatory act in order to preserve the right to file a formal complaint of discrimination with S/OCR. Email: socr_direct@state.gov.

The Department’s policy on workplace violence is governed by 3 FAM 4150, last updated in April 2012.

workplacev

Under Employees’ Responsibilities, the FAM provides the following guidance:

In the event of an immediately threatening or violent situation, all Department of State employees should:

(1) If the incident takes place in the United States, call 911 when there is an injury or an immediate risk of injury in the workplace;

(2) Alert the appropriate law enforcement or security office at his or her location when there is risk to his or her safety or the safety of others, injury, or immediate risk of injury. In the Washington, DC area dial extension 7-9111 or the appropriate telephone number for the law enforcement or security office at his or her location;

(3) Immediately report threatening or violent behavior to supervisors after securing emergency medical assistance as needed;

(4) Move to a safe area away from the individual(s) making threats or exhibiting violent behavior. Do not confront the individual or individual(s); and

(5) Take all threats and acts of violence seriously.

A close reading of this section on workplace violence, makes one think that perhaps the drafters were thinking of an employee “going postal”. This certainly provides no guidance for victims of sexual assault.  “Take all threats and acts of violence seriously,” of course, doesn’t make sense when one contemplates about a colleague who is also a rapist. It’s important to note that approximately 3 out of 4 of sexual assaults are committed by someone known to the victim; that “friend” or “buddy” is not going to threaten you that he’s going to assault or rape you before he commits the crime.

The workplace violence section has more guidance on what to do with an employee exhibiting violent behavior than what to do with the victims. Immediate actions recommended include review of “whether an independent medical exam should be offered” to the violent employee. Short-term and long-term responses include administrative leave; counseling from supervisor or higher management official; appropriate disciplinary action, up to and including separation; curtailment; and/or medical evacuation. All focused on the perpetrator of workplace violence.

Yes, the Department has policies and procedures relating to sexual harassment and workplace violence; and you can see that they are sorely lacking when it comes to addressing sexual assaults.

 

Sexual Assault Related posts:

 

 

 

Peace Corps OIG: 53% of Rapes Perpetrated on Volunteers Not Reported, See Why

Posted: 2:18 am ET

 

The Inspector General for the Peace Corps released its final evaluation report of the Peace Corps’ Sexual Assault Risk Reduction and Response Program.  The report notes that there were 513 sexual assaults entered into the Peace Corps’ Consolidated Incident Reporting System between September 3, 2013 and September 29, 2015.

In 2014, Volunteers reported 251 sexual assaults and there were 241 sexual assaults in 2015. The assaults in 2015 included 52 rapes, 35 aggravated sexual assaults, and 154 non-aggravated sexual assaults.

The main findings are:

  • The Peace Corps largely complied with the requirements in the Kate Puzey Act.
  • Compared to our SARRR evaluation in 2013, the Peace Corps markedly improved how it supported Volunteers who had reported a sexual assault. However we found individual cases where the Peace Corps did not meet its standard to respond effectively and compassionately to victims of sexual assault, including a few instances of victim blaming and improperly sharing confidential details with staff.
  • Some applicants were either not aware of the crime and risks previous Volunteers had faced in their country of service or they did not understand the information that was provided to them.
  • The SARRR program did not fully utilize some staff with SARRR expertise. The SARRR program would also benefit from a risk reduction strategy that tailors training to the country of service, addresses the risks of sexual harassment, and identifies factors that make sites unsafe.
  • Finally, the SARRR training’s design and delivery may have detracted from Volunteer comprehension and learning.

The Kate Puzey Peace Corps Volunteer Protection Act of 2011 (the Kate Puzey Act) required the Peace Corps to undertake a number of reforms, including providing sexual assault risk reduction and response (SARRR) training for Volunteers, developing a comprehensive SARRR policy, and training overseas staff on that policy. The Act directed the Peace Corps OIG to evaluate the effectiveness and implementation of the training and policy, and to review a statistically significant number of sexual assault cases.

peace-corps2

Stats on Rapes and Sexual Assaults

Peace Corps Volunteers and trainees reported 251 sexual assaults in 2014 and 241 sexual assaults in 2015. The assaults in 2015 included 52 rapes, 35 aggravated sexual assaults, and 154 non-aggravated sexual assaults.  Female Volunteers reported the majority of these sexual assaults (228 cases). Male Volunteers reported 13 sexual assaults including 1 rape, 6 aggravated sexual assaults, and 6 non-aggravated sexual assaults.

Starting in 2014, the Peace Corps began surveying Volunteers at the close of their service regarding crimes they had experienced and not reported to the agency. Survey results indicated that the proportion of Peace Corps victims who did not report one or more rapes or aggravated sexual assaults was similar to the proportion of Peace Corps victims who did not report other crimes: roughly 50 percent of crimes against Volunteers were not reported. This Peace Corps analysis indicated that 53 percent of rapes and 49 percent of aggravated sexual assaults were not reported. It also showed that 85 percent of surveyed respondents who experienced at least one non-aggravated sexual assault had not reported one or more of them to the Peace Corps.

Available Help and Agency Reporting

The evaluation found that the agency had provided contact information for: the Peace Corps Inspector General, a 24-hour sexual assault hotline for Volunteers, the Peace Corps Office of Victim Advocacy, and the Sexual Assault Response Liaison in the Volunteer’s country of service as required by the Act.
[…]
The Kate Puzey Act required the Peace Corps to create a system “for restricted and unrestricted reporting of sexual assault.” Volunteers may file either a “restricted” or a “standard” report, depending on which response services they would like the agency to provide. According to MS 243 Procedures, the restricted reporting option “allows Volunteers to request certain specific services without dissemination of personally identifying information about the Volunteer or the details of the sexual assault beyond those who are directly providing the services, and without automatically triggering an official investigative process.” The agency treats all reports as restricted until the Volunteer decides to choose a standard report, and a Volunteer may elect to convert his or her restricted report to standard at any time.

peace-corps1
Some Volunteers had not learned important information in the sexual assault risk reduction and response sessions, including the difference between restricted and standard reporting, the services available to a victim of a sexual assault, how to report a sexual assault incident, and the identity and role of Sexual Assault Response Liaisons at post. The training was insufficiently tailored to the country of service (as required by the Act), was not responsive to the needs of diverse Volunteers, and did not address the problem of sexual harassment. In addition, some staff delivered the training inconsistently due to poor training skills. Furthermore, the Peace Corps’ approach to assessing the Volunteer training was incomplete and did not provide a useful measure of training effectiveness.
[…]
[T]he agency often accommodated Volunteers’ requests to change sites for safety and security reasons, in some cases Volunteers were separated from the Peace Corps rather than relocated to another site. Volunteers we interviewed felt disenfranchised from the discussions regarding their safety and continued service.[…]We found that staff and Volunteers had a mistaken belief that they were limited to six or fewer counseling sessions after a sexual assault. As a result, some Peace Corps Medical Officers provided incorrect information about the availability of counseling. We concluded that some Volunteer sexual assault survivors could have been deterred from reporting their need for counseling.

Non-Reporting Analysis

The analysis summarized the primary reasons Volunteers had not reported their sexual assaults, which included: embarrassment, self-blame, not perceiving the sexual assault as a crime or serious event, and believing that there was nothing the Peace Corps could do about the assault. For non-aggravated sexual assaults—which were both the most frequently reported type of assault, as well as the most under reported—surveyed Volunteers had not reported them for three main reasons: they did not think the incidents were serious or threatening; they perceived the incident as commonplace in the environment where they served; and they did not believe there was anything the Peace Corps could do to address it.

Other reasons that surveyed Volunteers said they had not reported their sexual assaults included concerns about how Peace Corps staff might respond, such as blaming the victim for their assault, failing to respect the victim’s privacy and confidentiality, or simply not responding to the victim in a timely and supportive manner. Volunteers also indicated in their survey responses that they had not reported a sexual assault because they anticipated adverse consequences, such as being required to change their site, sent home, or punished for having violated a Peace Corps policy. These concerns were significantly more pronounced for rape victims and aggravated sexual assault victims than for non-aggravated sexual assault victims.

Among surveyed Volunteers who had not reported their assaults to the Peace Corps because they were concerned about how staff would respond to them or the potential adverse consequences of reporting, a relatively high percentage had served at a small number of posts. Two of the 54 posts in the survey constituted almost 25 percent of the Volunteers who did not report their assaults because of these concerns. Nine posts represented nearly 50 percent of the Volunteers who had not reported an assault for similar reasons.

 

The PC/OIG review includes interviews with 127 staff, 72 Volunteers, visits to 6 countries, and review of 138 sexual assault cases.  The report also includes 36 recommendations for the Peace Corps.

The report is a crucial reference as the State Department task force works on FAM guidance for sexual assault in the Foreign Service. NSVRC also notes that supporting survivors means assisting them with financial burdens as well as physical & emotional ones. Read here: 

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Related posts:

 

 

U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance

Posted: 5:08 pm PT

 

The message below addressing sexual assault was sent to all State Department employees on November 22, 2016.  Several copies landed in our inbox.  The State Department sent us a note that says they want to make absolutely sure that we have seen this, and gave us an “officially provided” copy.

 

A Message from Under Secretary Pat Kennedy
November 22, 2016

Sexual assault is a serious crime.  It can traumatize victims and have a corrosive effect on the workplace.  The Department is determined to do all it can to prevent sexual assault, and, if it does occur, to support victims and bring the perpetrators to justice.  We are committed to effectively and sensitively responding to reports of sexual assault and to ensuring victims are treated with the care and respect they deserve.

The Department has policies and procedures relating to sexual harassment and workplace violence.  We recognize these policies may not address all issues specific to sexual assault and that sexual assault is more appropriately dealt with in its own FAM section.  At my direction, an inter-bureau taskforce is in the process of creating this new FAM section.  Among the issues the taskforce will take up are reporting processes, confidentiality, sexual assault response training, and potential conflict of interest issues.

As we work to complete a stand-alone sexual assault FAM section, it’s important to note that there are and have been policies and procedures in place to help employees and their family members who are sexually assaulted get the medical care they need and to bring perpetrators to justice.

Medical services are available at post, and personnel from the Bureau of Medical Services (MED) can also provide advice from Washington, DC.  Post’s Health Unit healthcare providers are the first responders for medical evaluation and treatment overseas and will abide by strict patient/provider confidentiality.  An employee or member of the Department community who has been sexually assaulted may also report the incident to MED’s Clinical Director (currently Dr. Behzad Shahbazian) at 202-663-2976 during business hours.  After hours and on weekends/holidays, victims may contact the MED Duty Officer at 202-262-9013 or via the Operations Center at 202-647-1512.

For reported sexual assaults that are committed by or against members of the Department community or occur within a COM facility or residence, RSOs serve as the law enforcement first responders.  Every reported sexual assault is handled as a criminal matter that may be prosecuted in the United States under federal extraterritorial laws.  For more guidance on the handling of such cases, see 16 STATE 56478.

If a victim overseas wants to report a sexual assault to law enforcement authorities, but prefers not to report it at post, he or she can contact the Office of Special Investigations (DS/DO/OSI), via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov<mailto:DS-OSIDutyAgent@state.gov>.  The DS/DO/OSI duty agents are available 24 hours a day, seven days a week and can investigate an allegation independent of post management.  OSI agents have been trained to handle such cases and will work with the victim and can also provide information about the Victims’ Resource Advocacy Program available at vrap@state.gov<mailto:vrap@state.gov>.

Victims may also report sexual harassment directly to the Office of Civil Rights<http://socr.state.sbu/OCR/Default.aspx?ContentId=6666> (S/OCR) at http://snip.state.gov/f5h or via phone at 202-647-9295 and ask to speak with an Attorney-Adviser.  Pursuant to 3 FAM 1525, S/OCR oversees the Department’s compliance with anti-harassment laws and policies and conducts harassment inquiries.

The working group developing the new FAM section is consulting with other agencies about best practices in such areas as communication, training, and post-attack medical and mental health support and will integrate appropriate elements of these programs to ensure that the Department’s policies on sexual assault are victim centered and effective.

The Department’s position is clear: there is zero tolerance for any form of violence, including sexual assault, within our Department community. We understand these are sensitive and difficult situations, but we strongly encourage victims to come forward so the Department can take the appropriate steps to ensure the victim’s safety and bring the perpetrator to justice.

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Sexual Assault Related posts:

@StateDept Updates FAM For Reporting Domestic Violence — See What’s Missing?

Posted: 12:19 am ET

 

We recently blogged about a diplomat from the Permanent Mission of Germany to the United Nations in New York who is accused of punching his wife but is shielded from arrest by diplomatic immunity (see Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked). How do diplomatic missions handle cases of domestic abuse? According to the AP, the German Foreign Ministry spokesman declined to comment on the allegations and said he wasn’t aware of any request to lift the diplomat’s immunity.

In July 2016, the State Department updated its Foreign Affairs Manual for reporting domestic violence. First, let’s note that the words used in this update is not/not “must” which is mandatory but “should” which simply implies recommendation and advice. “Any person who suspects an employee is involved in domestic violence should report such information…”  Also, let’s note that if the initial report is substantiated, all eight possible actions cited in the updated regs uses the word “may,” which means they’re all recommended optional actions.  For instance, if a report is substantiated, Diplomatic Security “may” refer information to the Bureau of Human Resources (HR) for disciplinary action. Or it may not.

Second, according to 3 FAM 1810,  the Chief of Mission or Principal Officer overseas is responsible for designating a family advocacy officer (FAO) at post, normally the deputy chief of mission (DCM), or the second-in-command at posts where there is no DCM.  Here’s a question: What happens if the perpetrator of domestic violence is the Chief of Mission or the Principal Officer? The DCM, who reports to the ambassador, picks up the phone and convenes the family advocacy team at post which includes the Foreign Service Medical Officer (FSMO), and the Regional Security Officer (RSO). Then one of them calls up the State Department to report the abusive ambassador because the regs say they should?  (Apparently, although not listed, the Regional Medical Officer/Psychiatrist (RMO/P) could also be part of the advocacy team at post).

A DCM would not wash his/her hands on something disgraceful as this, would he/would she? The Medical Officer would not suddenly go on vacation somewhere, right? It would not take um … weeks for Foggy Bottom’s Family Advocacy Committee to provide guidance to post, right?

And, of course, the embassy’s family advocacy folks would protect the ambassador’s spouse because it’s the right thing to do, RIGHT?

Domestic violence affects all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality. Despite what you might think, the Foreign Service is not an exception.  Physical violence is often accompanied by emotionally abusive and controlling behavior as part of a much larger, systematic pattern of dominance and control. Domestic violence can result not only in physical injury but also psychological trauma, even death.

And yet, the Foreign Affairs Manual appears to be written by folks who could not seem to contemplate that a chief of mission (COM) can cause physical and mental injury to his/her spouse.  Embassies are not democracies; this FAM update offers no protection to the spouse of the most senior official at an embassy. Its language is all bark, and the bite for everyone else — like most things in the Foreign Service —  falls into the “it depends” bucket.

Below is an excerpt from the FAM:

3 FAM 1815  DOMESTIC VIOLENCE
3 FAM 1815.1  Reporting Domestic Violence
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Domestic violence can often involve criminal misconduct (e.g., assault, battery, rape) and the Department considers it notoriously disgraceful conduct (see 3 FAM 4139.14).  As such, it is grounds for taking disciplinary action against an employee.  Any supervisor or other management official who is aware of incidents or allegations, which may serve as grounds for disciplinary action against an employee, is responsible for taking action on or reporting such incidents or allegations (see 3 FAM 4322.1).

b. In cases where there is evidence or allegations of criminal misconduct, as noted in paragraph a of this section, the Office of Special Investigations(DS/DO/OSI) will coordinate with the Department of Justice and/or U.S. Attorney’s office to determine if the actions reported warrant criminal prosecution.

c.   At post, any person who suspects an employee is involved in domestic violence should report such information to the family advocacy officer (FAO) at post.  The FAO must take the actions required by this section.

d. At the Department locations in the United States, any person who suspects an employee is involved in domestic violence should report such information to DS/DO/OSI.

3 FAM 1815.2  Post Action and Department Guidance
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Upon receiving a report or obtaining information pertaining to a suspected case of domestic violence, the family advocacy officer (FAO) must immediately consult with the family advocacy team at post.  The family advocacy team must immediately assess and address any health and safety concerns for the victim and the victim’s children, if any.  Where necessary, promptly schedule with the Foreign Service medical officer (FSMO) medical and/or mental health examinations and/or consultations for persons covered under the Department’s medical program.  Prompt and accurate recording of medical information, interviews and, when possible, the collection of physical evidence and photographs documenting physical injuries is critical in all cases.

b. A member of the family advocacy team must immediately contact the Office of Special Investigations (DS/DO/OSI) telephonically and provide, normally within 24 hours, an initial written report containing available information.  The Bureau of Diplomatic Security (DS) is to share such information with the Family Advocacy Committee.

c.  The Family Advocacy Committee assesses the information and provides guidance to post.  Each case of suspected domestic violence must be handled on a case-by-case basis, depending upon the nature of the allegations.  If the initial report is unsubstantiated or if the allegations do not constitute domestic violence, no further action is required.  The matter is considered closed and the files are annotated accordingly.

d. If the initial report is substantiated, action may include one or more of the following:

(1)  Post may call upon local authorities or resources in certain cases;

(2)  DS may dispatch an investigative team to post, and a criminal investigation may be undertaken;

(3)  DS may coordinate with the cognizant legal authorities about prosecution of the case;

(4)  Post may be asked to conduct follow-up inquiries and interviews;

(5)  Post may be asked to call upon shelter and child protection resources or find alternative shelter within the post community for the victim and any children;

(6)  The FSMO may be asked to determine whether counseling or other medical services are needed and recommend a treatment plan.  If required treatment is not available at post, medical evacuation or curtailment of the employee may be considered or ordered;

(7)  The Family Advocacy Committee may coordinate referrals to crime victim assistance programs specializing in domestic violence and crime victim compensation programs; and

(8)  DS may refer information to the Bureau of Human Resources (HR) for disciplinary action.

Per 3 FAM 1810 domestic violence is any act or threat of imminent violence against a victim (other than a child) that results or threatens to result in physical or mental injury to the victim that is committed by a: (1)  Spouse or former spouse of the victim; (2)  Person with whom the victim shares a child in common; (3)  Person who is co-habitating with or has co-habitated with the victim; (4)  Person residing in the household; or (5)  Any person who has a relationship with the victim and has access to the victim’s household.

Below is Leslie Morgan Steiner talking about “crazy love” via TED — that is, madly in love with a man who routinely abused her and threatened her life. Steiner tells the story of her relationship, correcting misconceptions many people hold about victims of domestic violence, and explaining how we can all help break the silence.

 

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@StateDept Updates Its Polygraph Policy: Are Results Shared For Security Clearance/Assignment Purposes?

Posted: 1:26 am ET

 

On September 1, 2016, the State Department updated its 12 FAM 250 policy on the use of the polygraph to examine Department employees (including employees on the General Schedule, the Foreign Service, on Personal Service Contracts, Limited NonCareer Appointees, and Locally Employed Staff).  

Per 12 FAM 251.2-2, the Office of Investigations and Counterintelligence (DS/DO/ICI) Counterterrorism Vetting Unit (CCV) administers the polygraph program and is responsible for hiring polygraph examiners, responding to requests for polygraph support, deploying polygraph examiners, and maintaining relevant records.

The update includes the following:
  • Streamlines the polygraph examination process by removing a requirement to seek pre-approval before a DS or OIG agent can ask an employee if s/he is willing to submit to a polygraph.
  • Authorizes a DS agent or Department OIG investigator to alert an employee or contractor, currently subject to a criminal, personnel security, or counterintelligence investigation, that s/he has the option to undergo an exculpatory polygraph examination, rather than limiting exculpatory polygraphs to cases where it is initiated by the individual under investigation.
  • Allow polygraphs of Department employees detailed to federal agencies (in addition to the NSA, CIA, and DIA) when the relevant agency requires a polygraph to be detailed to the position. Polygraphs of employees detailed to agencies other than the NSA, CIA, or DIA will be considered on a case-by-case basis and will require approval from the Under Secretary for Management.
  • Limits the scope of polygraph examinations of Department detailees to other federal agencies to counterintelligence topics for all detailees.
  • Formalize existing processes for polygraph examination of certain locally employed staff, in accordance with the approvals specified in the polygraph policy

Back in May 2015, we questioned the use of the CIA’s polygraph exams of State Department employees (see AFSA Elections: What’s Missing This Campaign Season? Fire, Ice and Some Spirited Debates, Please).

Do you know that Department employees who take the CIA’s polygraph examination for detail assignments will have the  results of their polygraph provided to DS and HR for security  clearance and assignment purposes?  A source told us that “In and of itself, it does no  harm if the CIA retains them for its clearance purposes, but it can  have an unanticipated negative impact when indiscriminately released  by the CIA to third parties, like DS and HR, who use them in violation of the CIA’s restrictions to the Department  and assurances to the examinees.”  If this affects only a fraction of the Foreign Service, is that an excuse not to do anything about it, or at a minimum, provide an alert to employees contemplating these detail assignments?

We’ve recently discovered a newly posted grievance case dated March 2010. We don’t know why this is currently on display upfront on fsgb.gov.  In any case, this is related to the subject of polygraph examination.

On June 24, 2009, grievant, a retired Senior Foreign Service Officer, appealed to the FS Grievance Board the State Department’s (Department) denial of his grievance with respect to the use of the results of a polygraph exam he took in 2003 in conjunction with a detail to the Central Intelligence Agency (CIA). Grievant claims the improper handling and use of the results of that exam violated the Department’s own regulations (12 FAM 250) and resulted in his having been denied a Presidential Appointment as a Chief of Mission (Ambassador).  The ROP includes some interesting interrogatories:

#1: Has the Department ever obtained a Department employee’s polygraph examination results from the CIA for a personnel security background investigation based on the employee’s SF-86 signed release? If so, please describe the circumstances under which this would occur.

The Department objected to answering this interrogatory on the grounds that is was overbroad, immaterial, and irrelevant.

IR #6e for Diplomatic Security Case Officer for the second background investigation: Have you ever requested an employee’s polygraph results from the CIA before? If so, under what circumstances‘?

The Department found this interrogatory overbroad, irrelevant, and immaterial.

Ruling on IR #6e: Under the more ample concept of relevance applied at the discovery stage, the Board finds that the information requested is sufficiently relevant to grievant’s claims or likely to lead to the discovery of information relevant to such claims to compel discovery. The information requested may help to clarify the Department’s practice in applying the regulations governing the use of polygraphs that are issue in this case. We do not find the request to impose such a burden on the Department as to outweigh the potential usefulness of the information requested. The Department is directed to respond.

IR # 7h for Diplomatic Security: Does DS routinely request and receive polygraph examination results on all Department employees who have taken polygraph examinations at the CIA as part of their routine background security investigations?

The Department objected to this interrogatory as irrelevant and immaterial in all respects.

The Department was directed to respond to grievant’s Interrogatories 6e and 7h not later than 20 days after receipt of the order but we have been unable to find the decision on this case.

 

On June 24, 2009, grievant filed a grievance appeal, claiming improper use by the Department (Department, agency) of the results of a polygraph examination he had taken in conjunction with a detail from the Department to the Central Intelligence Agency (CIA).  The grievant makes several specific claims:

1) that the CIA provided the results of the polygraph to a Diplomatic Security (DS) agent in the Department, in violation of Department regulations and CIA policy;
2) that the Department requested and/or received the polygraph results from the CIA, in violation of its own regulations;
3) that the Department improperly used the polygraph results in the course of security update investigations; and
4) that the Department improperly provided information drawn from the polygraph to the Director General (DG), which resulted in the DG withdrawing grievant’s nomination to be a chief of mission. The FSGB Board finds that it has jurisdiction over the claims presented by the grievant.

 

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The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief

Posted: 2:02 am ET
Updated: Sept 24, 4:08 pm PST | This piece was edited to use the more neutral word “report” instead of “allegation.” The guide on reporting sexual violence is teaching us that the use of the word “allegation” reinforces the disbelief that a crime actually occurred.

 

Last month, we received an anonymous allegation report of sexual assaults in the Foreign Service. It is alleged We were told that DS and MED “hide” the assaults “under pretense” that it is “the victim’s wish to keep it a secret.”

No specific case was cited only that there were incidents in Iraq and Afghanistan.  We were also asked if we know what is the reporting process for sexual assault in the Foreign Service.

We told our correspondent that we will look into the reporting process because we actually had no idea. We were then warned: “On the off chance you get a response, it will probably be something along the lines of, “any victim of crime under chief of mission authority should report to their RSO; the Department takes such allegations extremely seriously.” 

 

Looking at public records

We started looking at publicly available records. We found one assault in 2009 which is only publicly available becase the case became an EEOC case (see Sexual Assault at a State Dept-Leased Apartment: If This Isn’t Abysmal Failure, What Is It?). In 2011, there was the case of a former CIA station chief to Algeria who received 65 months in jail for sexual assault on embassy property. In 2012, there was a case of an FS couple accused of slavery and rape of a housekeeper, In 2013, there was an FS specialist who was sentenced to 5 years in prison; the case was about the sex abuse of an adopted child. Also in 2013, CBS News reported on  several allegations including one about a regional security officer (RSO) in Lebanon who “engaged in sexual assaults” of the local guards.  A subsequent OIG investigation indicates that the alleged sexual misconduct of this security official spanned 10 years and 7 posts.

These are cases that we’ve written in this blog after they’ve become public.

We’ve poured over the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) and have reached out to the State Department and other contacts within its orbit to help us find the specific guidance for the reporting process on sexual assault. We have not been successful. For the record, it is not/not 3 FAM 1525, not 3 FAM 4428, not 3 FAM 1800 and not 7 FAM 1940.

 

Questions for the State Department

We sent some questions to the State Department, the blue italics below is the response from an agency’s spokesperson.

We asked: How does the State Department/Diplomatic Security handle sexual assault among members of the Foreign Service community overseas? The only thing I can find in the FAM is sexual assault relating to private American citizens, and services via the Consular Section.  

–What is the reporting process if the victim/perpetrator is under chief of mission authority?

–What is the reporting process if the alleged perpetrator is from the Regional Security Office or a senior Foreign Service official who oversees the RSO?

–Where is the FAM/FAH guidance for sexual assault?

The State Department response: “The State Department/Diplomatic Security handles sexual assault among members of the foreign service community overseas by adhering to Department guidelines. These guidelines are made available to all members of the foreign service community in Department cables and in the FAM. The Department guidelines outlined in these documents address the contingencies included in your questions.”

No specific cables were cited.  However, the FAM cited by the State Department in its response above is 1 FAM 260, specifically, 1 FAM 262.4-5 which only notes that the Office of Special Investigation (DS/DO/OSI) within Diplomatic Security is tasked with investigating extraterritorial criminal investigations including assault, sexual assault, domestic violence, etc. Go ahead and read it.  It does not/does not include nor describe the reporting process.

We asked: If a sexual assault occurs overseas to an employee/family member of USG employees, who are the officials informed about the incident?

–How is the information transmitted? Telegram, telephone, email?

–Is the communication done via secure or encrypted channels?

In response to the above question, a State Department’s spokesman said: “The reporting process calls for the regional security officer to contact the State Department’s Office of Special Investigations. This office is outside the regional security officer’s chain of command.”

The response is only partly responsive and only names the RSO and DS/OSI.  Even if DS/OSI is outside the RSO’s chain of command, this tells us that an alleged victim overseas has to go through post’s Regional Security Office; the RSO in that office must then contact DS/OSI located in Washington, D.C. for an investigation to be initiated.

You probably can already guess our next question.

What if the perpetrator is from the security office or the Front Office who oversees the RSO? How would that work? Also both the RSO overseas and DS/OSI back in DC are part of the Bureau of Diplomatic Security. When we made these follow-up questions, the State Department simply repeated its original response:  “The reporting process calls for the regional security officer to contact the State Department’s Office of Special Investigations (OSI). This office is outside the regional security officer’s chain of command.  On your question on the Fam (sic): Sexual assault is a crime investigated by the Office of Special Investigations as outlined in 1 FAM 262.4-5.”

This is a disturbing response particularly in light of a previous CBS News report alleging that a regional security officer sexually assaulted local guards under his supervision and was accused of similar assaults in Baghdad, Khartoum and Monrovia. Okay, never mind CBS News, but the OIG investigation indicates that the same security officer’s alleged sexual misconduct spanned 10 years and 7 posts.  How many local guards were assaulted within those 10 years and in those 7 posts?  Perhaps it doesn’t or didn’t matter because it happened so long ago. Or it is because the alleged victims were non-U.S. citizens?

The other part of the question on how reports are transmitted is equally important. Are they sent via unclassified email? The perpetrator could be easily tipped off, and that potentially places the safety of the victim in jeopardy.

The third question we asked is a twofer. We wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. The second part of our question is overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. Note that we are not asking for names. We’re asking for numbers. We’re only asking for an accounting of sexual assault reports reported allegations since the invasion of Iraq in 2003 to the present, and the worldwide number of allegations reports spanning over 280 overseas posts in the last 10 years. Surely those are available?

This is the State Department’s official response:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

Wh–aat? We actually fell off the darn chair when we read the above response.  If the allegations and complaints are not catalogued by location or alleged offense, how would the State Department  know if there is a trend, or a red flag they should be aware of?

Wouldn’t this constitute willful ignorance?

In our follow-up question, we asked who is responsible for the care and support of a Foreign Service victim? This is the response from a State Department spokesperson:

“The Department takes seriously the safety and well-being of its employees and their family members. The post health unit, Employee Consultation Services and the Regional psychiatrist are all available to assist a victim of sexual assault. MED would also assist if, for example, a medical evacuation to a third country or the United States is required. 

Generally MED does not provide direct clinical services in the States but has extensive resources to provide referrals for ongoing treatment.

Additionally, the Victim’s Resource Advocacy Program (VRAP) is available to provide advocacy services so the individual understands the judicial process and has support lines, plus resources applicable to the person’s goals to rebuild and heal.”

 

In a follow-on response, the State Department cites the Victim’s Resource Advocacy Program (VRAP). We had to dig around the net to see what is VRAP.  According to the State Department’s outline on divorce:

VRAP was created in November 2010 by the Bureau of Diplomatic Security (DS) “to empower those who have been victimized by crimes that are under DS investigation. A representative of this office also sits on the Department’s Family Advocacy Committee (chaired by the Director of MED/MHS), based in Washington DC. The VRAP is committed to assisting aggrieved individuals in overcoming difficulties that result from victimization by providing resources to deal with the realities that follow traumatic experiences and an understanding of the judicial processes surrounding criminal offenses. Contact VRAP at vrap@state.gov.”

Okay, but.  All that still does not give us a clear idea on the procedure for reporting sexual assault in the Foreign Service, does it? And most of the info is not even codified in the FAM or the FAH.

What happens in the space between “calling the RSO” and VRAP “empowering” those victimized by crimes — remains a black hole. It is not clear what kind of support or advocacy services and resources are provided to victims of sexual assault. We’ve asked; we haven’t heard anything back.

Since we could not find any guidance from the State Department, we went and look at what the reporting procedure is like at USAID, the Department of Defense, and Peace Corps.  As of this writing, we’ve received an acknowledgment from USAID but have not received an answer to our inquiry. Below is a quick summary for DOD and the Peace Corps:

 

DOD Sexual Assault Reporting Guidance

You may or may not know this but the Department of Defense actually has a separate website for sexual assault which makes it clear that sexual assault is a crime. Defined “as intentional sexual contact,” sexual assault is characterized by “use of force, threats, intimidation or abuse of authority, or when the victim does not or cannot consent.” It explains that sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (including unwanted and inappropriate sexual contact) or attempts to commits these acts. It also notes the difference between sexual assault and sexual harassment. Its website is not just an explainer, it also provides information for assault victims:

If I am sexually assaulted, what should I do?
First, get to a safe place. If you are in need of urgent medical attention, call 911. If you are not injured, you still need medical assistance to protect your health. The medical treatment facility (MTF) offers you a safe and caring environment. To protect evidence, it is important that you do not shower, brush your teeth, put on make-up, eat, drink, or change your clothes until advised to do so. You or the MTF may report the crime to law enforcement, criminal investigation agencies, or to your chain of command. If you feel uncomfortable reporting the crime, consider calling a confidential counseling resource available to you.

Reporting Options: 
Restricted | Sexual assault victims who want to confidentially disclose a sexual assault without triggering an official investigation can contact a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider. By filing a restricted report with a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider, a victim can disclose the sexual assault without triggering an official investigation AND receive medical treatment, advocacy services, legal assistance, and counseling.

Unrestricted | This option is for victims of sexual assault who desire medical treatment, counseling, legal assistance, SARC/SHARP Specialist and VA/SHARP Specialist assistance, and an official investigation of the crime. When selecting unrestricted reporting, you may report the incident to the SARC/SHARP Specialist or VA/SHARP Specialist, request healthcare providers to notify law enforcement, contact law enforcement yourself, or use current reporting channels, e.g., chain of command. Upon notification of a reported sexual assault, the SARC/SHARP Specialist will immediately assign a VA/SHARP Specialist. You will also be advised of your right to access to legal assistance that is separate from prosecution resources. At the victim’s discretion/request, the healthcare provider shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.


Peace Corps Sexual Assault Reporting Guidance

The Peace Corps says it provides “sexual assault risk-reduction and response training to both Volunteers and staff. Volunteers worldwide learn risk-reduction strategies such as bystander intervention training, and each post has two sexual assault response liaisons trained to directly assist Volunteers who are victims of sexual assault throughout the in-country response process.” It also provides around the clock, anonymous sexual assault hotline accessible to Volunteers by phone, text, or online chat that is staffed by external crisis counselors at pcsaveshelpline.org.

In addition, it provides volunteers who experience sexual assault the option to report the incident as restricted or as standard reporting. This is similar to DOD’s:

Restricted reporting limits the number of staff members with access to information about an assault to only those involved in providing support services requested by the Volunteer. This gives Volunteers access to critical support services while protecting their privacy and confidentiality, and allows the Peace Corps to provide support services to Volunteers who otherwise may not seek support.

Standard reporting provides Volunteers with the same support services along with the opportunity to initiate an official investigation, while maintaining confidentiality.

There’s no 911 in the Foreign Service

For Foreign Service employees and family members assigned overseas, there is no 911 to call. You get in trouble overseas, you call the security office of the embassy. If you are in a small post, you may have to deal with another officer who is assigned collateral duty as post security officer.  Post may or may not have a health unit or a regional medical officer. If there is a health unit, it may or may not be equipped or trained with gathering forensic evidence.  Above all, if you’re overseas as part of the Foreign Service, you are under chief of mission authority. What you do, what you say, where you live — basically, your life 24/7 is governed by federal regulations and the decision of the Front Office.

 

So to the question — if I am sexually assaulted, what should I do?

The State Department says that the Foreign Affairs Manual (FAM) and associated Foreign Affairs Handbooks (FAHs) are a single, comprehensive, and authoritative source for the Department’s organization structures, policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies. The FAM (generally policy) and the FAHs (generally procedures) together convey codified information to Department staff and contractors so they can carry out their responsibilities in accordance with statutory, executive and Department mandates.

Every time the FAM is updated, a Change Transmittal documents it.  All transmittals includes the following reminder: Officers are reminded that Department-issued materials not codified in the Foreign Affairs Manual or its supplemental Foreign Affairs Handbook series generally have no regulatory validity (see 2 FAM 1115.2).

Since there is no FAM or FAH specifically addressing sexual assault, we end up with a pretty uncomfortable question: Is the State Department saying that sexual assault does not happen in the Foreign Service — that’s why there’s no regs covering it?

If it’s not that, then — what is the reason sexual assault procedure is absent from its single, comprehensive, and authoritative source of policies, and procedures?

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Sexual Assault Related posts:

Sexual Harassment related posts:

 

 

More Email Fallout and Security Clearance: @StateDept Says, “We’ll do it by the FAM.”

Posted: 4:22 am ET

The State Department has reportedly resumed its internal review related to the Clinton emails.  The spox refused to confirm “what specific materials” the State Department will consider or “what individuals may or may not be evaluated for possible employment or security clearance-related actions.” Note that this internal review is conducted by Diplomatic Security; perhaps due to public interest the results of the review may be released to the public, but that is not a given.

Via DPB dated July 15, 2016

We have additional information to provide about our internal review process. I will not be speaking about any specific case, nor will I be engaging in hypotheticals. As is standard, to protect the integrity of our work we cannot discuss the details of an ongoing review. Just as the FBI did not comment on its investigation, while it is ongoing we will not comment on our review.

That means I cannot confirm for you what specific materials we will consider or what individuals may or may not be evaluated for possible employment or security clearance-related actions. Our policy – so yes, it is —

QUESTION: What can you tell us?

MS TRUDEAU: It is moving. Yes, well, let’s go and I’ll give you exactly what we can.

Our policy is to assess each case on its own merits while taking into account all relative – relevant facts and circumstances. Furthermore, the department cannot comment on the status of any particular individual’s security clearance. Our goal is to complete this process thoroughly and expeditiously, but we will not put arbitrary deadlines on our work.

There is a significant amount of information about our process available to the public online. You’ll like this: For instance, I would point you to our Foreign Affairs Manual, specifically 12 FAM 500 and 230 sections. I’ll do my best to outline this process from the podium, but I cannot speak to every provision in the FAM. I also cannot speak to how the process will be applied to account for any specific circumstances.

In summary – and I still have a lot more to go, so stay with me – Diplomatic Security is responsible for evaluating security incidents and then reviewing them as appropriate for potential security clearance-related actions. Diplomatic Security is also responsible for referring certain incidents to our Bureau of Human Resources for potential employment actions. No matter the individual or conduct involved, the department conducts the review process in a professional, impartial, and fair manner that takes into account all relevant circumstances.

Multiple components within Diplomatic Security are involved in the process, supervised and overseen by the assistant secretary for Diplomatic Security. One component of Diplomatic Security conducts an initial assessment of security incidents and, when appropriate, issues security infractions or security violations. Security clearance reviews are conducted by a different DS component. As with Director Comey at the FBI and Attorney General Lynch at DOJ, it’s standard for our chief law enforcement officer, the assistant secretary for Diplomatic Security, to be involved with high-profile or complex matters, which is certainly the case here.

Assistant Secretary Greg Starr is the person in Diplomatic Security who is ultimately responsible for affirming or rejecting recommendations to revoke an individual’s security clearance. A decision to revoke a security clearance may be appealed to the Security Appeals Panel. Similarly, our human resource process can include multiple components, but ultimately Director General Arnold Chacon is responsible for taking disciplinary actions on an employee. That’s our process.

I know there’s questions about potential outcomes of the process. The short answer is that outcomes for any individual depend on their specific circumstances taking into account all of the relevant facts. This is what our review will determine. Current employees can face a range of employment discipline including reprimand, suspension, and termination. People with security clearances, including former employees, could have those clearances suspended and/or revoked.

We also maintain a security file on all personnel involved in security incidents. For individuals who no longer have a security clearance, the incident information is kept in their security file so it can be considered if they apply for a security clearance in the future. When evaluating whether a person remains eligible for access to classified information, the department follows the whole person approach based on the government-wide adjudication guidelines. Our Foreign Affairs Manual states that, quote, “Each case will be judged on its own merits,” end quote, based on specific, quote, “facts and circumstances,” end quote. Under the guidelines we can look at the severity of an incident, whether the person is a repeat offender, whether the individual is amenable to training or reform, and whether the incident was a technical violation or resulted in actual harm to national security.

As we have said, now that the FBI and DOJ have concluded their investigation, the department intends to conduct a review of Secretary Clinton’s emails according to our well established Security Incident Program. We’re preparing to conduct our review.

QUESTION: Okay.

MS TRUDEAU: So there’s a lot. Thank you for your patience.

QUESTION: Well, I’ve got to digest quite a few.

MS TRUDEAU: Yeah.

QUESTION: But be with me on this, because I’m trying to get my head around it.

MS TRUDEAU: Yeah.

QUESTION: So the question here is: Has the FBI handed over – and how many emails has the FBI handed over to be reviewed?

MS TRUDEAU: At this stage, we have not received any from the FBI.

QUESTION: Have they indicated to you when that’s going to be?

MS TRUDEAU: I have no timeline on that, but we have not received them.

QUESTION: And then on DS, are they the – do they have the final word? Would – does Greg Starr have the – Assistant Secretary Greg Starr have the final word on this? Or can Secretary Kerry or even the President overturn those decisions or have the final say?

MS TRUDEAU: So I said there is – as I mentioned, there is a significant amount of information about our process online. So for this particularly, look at section 230 and 500 of 12-FAM. The 500 section outlines the Security Incident Program, which is handled by the Program Applications Division of Diplomatic Security. The 230 section outlines the security clearance, which is administered by the Office of Personnel Security and Suitability, also within DS. Both components operate under the oversight and supervision of the assistant secretary for Diplomatic Security.

QUESTION: So when it comes to Diplomatic Security, is that withdrawn – as you’re investigating it, is that withdrawn at the end or is it withdrawn at the beginning? Is it frozen? How does that work?

MS TRUDEAU: So the process you’re talking about – and forgive me for the FAM references, but it’s really detailed and really specific. So if people are looking for the details on this, refer to 12-FAM 233.4. I’m going to refer you there. As a general matter, the suspension of a security clearance is available if Diplomatic Security determines it’s appropriate while they carry out their review. However, if you read the FAM, you’ll see it’s not an automatic process; whether or not to suspend a person’s clearance depends on the circumstances. It’s a judgment of the trained professionals in DS.

QUESTION: And then how unusual is it that Diplomatic Security – or how unusual is it that this process – that you use this process?

MS TRUDEAU: So I’m not – it’s – I’m not going to talk sort of precedent, but I would say that there is offices within Diplomatic Security, and this is their mandate. All of us within the department – and we’ve spoken about this; Secretary Kerry has spoken about this – have the obligation to safeguard and correctly handle information.

QUESTION: So would this also include former employees? It includes former employees, right?

MS TRUDEAU: As I’ve said.

QUESTION: As you said. Does it include employees that are not part of the State Department but might also be involved in this – in the emails?

MS TRUDEAU: Okay, I’m not going to speak, as I mentioned, to the specifics of any individual, any case. I just want to outline this broadly, bring you guys up to date on it, and give you the references, because it is such a technical and granular matter.

QUESTION: Yeah. But I mean, as you know, Secretary Kerry – Secretary Clinton has been involved in this, and a lot of people are wondering how this could affect her. So would you be able to make some kind of outcome whether it includes her or whether it includes somebody in a lower position? Is everybody going to be looked at equally?

MS TRUDEAU: Again, I just can’t speak to the specifics on who will be reviewed, what incidents will be reviewed. But I will say the review is taking place.

QUESTION: And you can’t tell us when this review is going to start?

MS TRUDEAU: No. No, they – the idea of projecting a timeline on this – we’ll say they’re committed to a fair, impartial, and absolutely rigorous process.

QUESTION: And when you say – just one more question.

MS TRUDEAU: Sure.

QUESTION: When the FBI says that it’s looking at thousands of withheld emails, that it’s going to give State thousands, you don’t know if it’s going to be thousands or if it’s going to be hundreds? You have no idea?

MS TRUDEAU: I couldn’t speak to the FBI documents.
[…]
QUESTION: Is Pat Kennedy going to be involved in any of this?

MS TRUDEAU: Okay, so thanks for the question.

QUESTION: I know there’s been some questions about that.

MS TRUDEAU: Yeah. So first, as we’ve said many times, Under Secretary Kennedy did not approve nor was he aware of the extent to which Secretary Clinton was using personal emails. No matter the individual or the conduct involved, the department will conduct and does conduct the security clearance process review in a professional, impartial, and fair manner that takes into account all relevant circumstances.

According to our Foreign Affairs Manual, the Under Secretary for Management Pat Kennedy becomes involved in a security clearance revocation in the event of an appeal. He is a member of a three-person panel that’s at the very end of our process. I’m not going to speculate that it’ll even get that far.

QUESTION: And you said Secretary Kerry is not going to be involved?

MS TRUDEAU: So Secretary Kerry will be informed of the details, the results of the review, after its completion. Again, I’m not going to speculate on outcomes or hypotheticals. As we’ve said many times from this podium, he wants this review done by the book, and the book requires Diplomatic Security lead and conduct this review.

QUESTION: And then just one more small one.

MS TRUDEAU: Sure.

QUESTION: Will the – so FAM is pretty clear that supervisors (inaudible) be held responsible for their subordinates’ actions. How are you going to deal with this? Is this —

MS TRUDEAU: That is – that’s something I think I’m not going to speculate on that. I’m not going – I can’t speak to the details of that. I can’t speak to the review. And honestly, I’m not going to get into hypotheticals on the review.

QUESTION: Yeah. And then are you going to deal it as one big infraction, or are you going to look at several —

MS TRUDEAU: Again —

QUESTION: You don’t know?

MS TRUDEAU: I can’t speak to how they’ll do it – specific incident, individuals. It’s just the review is happening.

QUESTION: Will they —

MS TRUDEAU: We’ll do it by the FAM.

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