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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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U.S. Consulate General Istanbul: Post On Evacuation Status With a “No Curtailment” Policy?

Posted: 1:49 am ET

 

In October 2016, the State Department updated its Travel Warning for Turkey to announce the mandatory departure of family members of employees assigned to the Consulate General in Istanbul. The announcement says that the Department of State made this decision “based on security information indicating extremist groups are continuing aggressive efforts to attack U.S. citizens in areas of Istanbul where they reside or frequent” but adds that “the Consulate General remains open and fully staffed.”

The mandatory evacuation order issued in October meant that family members departed Turkey for temporary housing typically in the Washington, D.C. area without their household effects or personal vehicles. And like all posts on mandatory evacuation, the children had to be pulled out from their schools and temporarily enrolled in local schools in the DC area. We are not sure how many family members were evacuated from post but the last data we’ve seen indicates that USCG Istanbul has approximately 80 direct-hire US employees.

By law, an evacuation cannot last longer than 180 days so after the Under Secretary of State for Management (“M”) approves the evacuation status for post (authorized or ordered), the 180-day clock “begins ticking”. The order can be lifted at any time but if family members are not allowed to return to post, and no reassignment decision has been reached, the post status could change to “unaccompanied”.  For those not in the FS, that means, family members will not be allowed to return to post and incoming employees will no longer be allowed to bring their family members to their diplomatic assignment.

The latest evacuation order for USCG Istanbul could potentially last until April 2017 unless terminated earlier, or could be extended with a new order. Note that a previous evacuation order for US Mission Turkey was terminated in September 2016 and about five weeks later, the current evacuation order was issued. Who would have thought that Istanbul would become more restrictive than say, Beirut, where employees can still bring adult family members to post?

In any case, we understand that US Mission Turkey’s DCM had a meeting recently with the staff to let them know that post and HR/EX had agreed to halt all curtailments. Apparently, employees were told they cannot leave post until they have incoming replacements. But see — if they’re not allowed to send in their requests, or if the jobs of the curtailing employees are not listed anywhere, how will folks know about these job vacancies?  How will incoming replacements come about?  We understand that the hold placed on all curtailments apparently has “no stated expiration.”

We asked the State Department about this “no curtailment” decree specific to USCG Istanbul. Below is the full official response we received:

We cannot comment on the status of individual requests, but we can confirm that it is incorrect that a “no curtailments” policy is in effect in Mission Turkey. The Department adjudicates curtailment requests on a case by case basis, in line with established regulations and procedures. In doing so, we take into account the well-being and the individual circumstances of our employees and their family members, as well as the need to ensure sufficient staffing to undertake the important work of our diplomatic posts.

We should note that we did not inquire about individual curtailments; and our question was specific to Istanbul, and did not include Ankara or Adana. You are welcome to interpret “Mission Turkey” in the most convenient way, of course.

We’ve learned that this is not the first instance of a decree issued on specific posts. In one NEA post, the Front Office reportedly made it known that it “would not accept” curtailment requests until further down the “ordered departure” road.  During the Ebola outbreak in West Africa, the Director General was also reportedly asked to implement a policy that no curtailment requests from those affected posts would be allowed until senior management decided it was “appropriate.”

We can see where the State Department is coming from; it certainly would not like to see mass curtailments from staffers but  — there is no authority in the books that prohibit curtailment requests. And as somebody familiar with the bureau puts it, “HR knows this damn well.”  

Curtailment is the shortening of an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post.  The statutory authority for curtailment is found in the Foreign Service Act of 1980.

In the Foreign Affairs Manual, 3 FAM 2443.1 allows an employee assigned abroad to request curtailment of his or her tour of duty for any reason.  The regs say that the employee should submit a written request for curtailment that explains the reasons for the request to the appropriate assignment panel through his or her counseling and assignment officer. Post management must state its support for or opposition to the employee’s request.  The Foreign Affairs Manual makes clear that a curtailment is an assignment action, not a disciplinary one.

The FAM provides any employee the right to request a curtailment for any reason at any time, regardless of where the employees are serving.  It’s been pointed out to us that this does not/not mean that the assignment panel will approve the request. We understand that the panel’s decision typically depends on the argument made by the CDO (Career Development Office) at panel and whether ECS (Employee Consultation Service) strongly supports the “compassionate curtailment.”

A source familiar with the workings of the bureau observed that if post is refusing to send out the curtailment request via cable, the employee needs to connect with his/her CDO and go the DGDirect route. If necessary, employees can also go to AFSA, as there are precedence for this in prior attempts to declare no curtailment decrees at other posts under “ordered departure” or where there were outbreaks of diseases (Ebola, Zika).

Note that 3 FAM 2446 provides the Director General of the Foreign Service the authority to propose curtailment from any assignment sua sponteAccording to the FAM, the Director General may overrule the assignment panel decision to curtail or not to curtail if the Director General determines that to do so is in the best interests of the Foreign Service or the post.

Related posts:

 

 

POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad Bob

Posted: 1:47 am ET

 

On October 5, President Obama issued a Presidential Memorandum on Promoting Diversity and Inclusion in the National Security Workforce. Below is an excerpt:

Currently, more than three million military and civilian personnel in the U.S. Government are engaged in protecting the country and advancing our interests abroad, through diplomacy, development, defense, intelligence, law enforcement, and homeland security.  In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.

While this data does not necessarily indicate the existence of barriers to equal employment opportunity, the Presidential Memorandum outlines a number of actions that will allow departments and agencies to better leverage the diversity and inclusion of the federal workforce, consistent with the existing merit system and applicable law, including:

#Collection, analysis, and dissemination of workforce data: Data is an essential tool to help departments and agencies identify workforce talent gaps, assess the efficiency and effectiveness of their diversity and inclusion efforts, and promote transparency and accountability. The memorandum provides guidance for departments and agencies to make key workforce data available to the general public, provide an annual report to their leadership and workforce on the status of diversity and inclusion efforts, expand the use of applicant flow data to assess the fairness and inclusiveness of their recruitment efforts, and identify any additional demographic categories they recommend for voluntary data collection.

#Provision of professional development opportunities and tools consistent with merit system principles: Providing access to professional development opportunities consistent with merit system principles is a key element to retaining and developing a diverse and inclusive workforce. The memorandum directs departments and agencies to engage their workforce through regular interviews to understand their views on workplace policies and why they choose to stay or leave, prioritize the expansion of professional development opportunities including programs specifically designed to develop the next generation of career senior executives, and implement a review process for decisions related to certain assignment or geographic restrictions.

# Strengthening of leadership engagement and accountability: The memorandum recognizes the critical role that senior leadership and supervisors play in fostering a diverse and inclusive workforce and cultivating talent consistent with merit system principles. It encourages departments and agencies to reward and recognize efforts by senior leaders and supervisors to participate in mentorship, sponsorship, and recruitment; to disseminate voluntary demographic data for external committee and boards that advise the leadership of an agency; and to expand the provision of training on implicit or unconscious bias, inclusion, and flexible work policies.

The full text of the memo is available here.

The State Department’s top HR person Arnold Chacon forwarded President Obama’s message to agency employees encouraging them to read the memo and learn of government-wide efforts:

Today the President issued a new Presidential Memorandum providing guidance on the implementation of policies to promote diversity and inclusion in the national security workforce. Under the leadership of Deputy Secretary Higginbottom the Department has been an integral part of this effort. It’s consistent with our values and the principles enshrined in the Foreign Service Act of 1980 and other legislation. As outlined in the QDDR under Secretary Kerry’s leadership, we’ll continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.

I believe strongly that we have no greater resource than our people. As the face of America to the world, we have a responsibility to ensure the Department’s workforce reflects our nation’s richness and diversity. I encourage you to read the White House fact sheet below and the Presidential Memorandum to learn more about government-wide efforts to strengthen diversity and inclusion at all levels.


Waaaaa! When the State Department sounds like Baghdad Bob!

The statement says, this has been so “consistent with our values and the principles enshrined in the Foreign Service Act of 1980” that it was impossible to pry the gender and diversity data from the State Department (a 2013 stats was made available to AFSA). For years we’re been looking at the State Department to make available publicly its diversity statistics, most particularly the gender and race component of its promotion statistics (see related posts below). Somebody from Secretary Kerry’s office once told us he would look into it and then we never heard anything back despite periodic reminders.  Data is available annually, just not available publicly.

Last April 2016, the Senate passed a bill (introduced in June 2015) that would require the State Department to report on diversity recruitment, employment, retention, and promotion.  That same month, just days before the Senate passed S.1635, the State Department dumped online its promotion data for 2015 (see @StateDept Dumps Online the 2015 FS Promotion Statistics Including Diversity Data, Have a Look!). The way HR presented this data –particularly the one on diversity and cone — is enough to give you migraine.  But what happened to the previous years’ data? Is the State Department going to wait until Congress forces it to publish promotion data going back three fiscal years?

Patricia Kushlish of WhirledView wrote two posts Lies, Damned lies and non-comparable statistics: reporting diversity at the State Department and More than Undiplomatic Moments: State’s Diversity Record Remains Behind a Hard Line that are both worth a read.

 

Talking the Talk, But Where’s the Walk?

The DGHR cites “the leadership of Deputy Secretary Higginbottom” his boss’s boss and the State Department as “an integral part of this effort.” He further cites “the QDDR under Secretary Kerry’s leadership” as the State Department “continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.”

Look, first — remember back in 2014 we posted about FSO Margot Carrington’s paper on Advancement for Women at State: Learning From Best Practices? That report was written during a sabbatical sponsored by the Una Chapman Cox (UCC) Foundation and the State Department (see Advancement for Women at the State Department: Learning From Best Practices). The paper includes multiple recommendations including the collection of detailed attrition data and exit interviews to better understand the factors leading to attrition/retention; training and other assistance to women to help them learn to network more effectively and solicit sponsors to help them in their career development and advancement; mitigating unconscious bias; mentoring requirement for all SFS officers and making them accountable for their performance as mentors, to cite a few. Wasn’t the State Department’s “integral” participation in this WH effort informed by the report done by Ms. Carrington? Yes? No? Never heard of it?

WhirledView once asked, “Why is it that Foreign Service recruitment is able to recruit entry level classes that are far more representative of the American population as a whole but the further an individual advances up the career ladder the fewer the women and minorities are found.”  That is a really good question and top officials at State should be able to answer that. And what would have been most useful in that DGHR statement?  Had DGHR included information on what the State Department has done or is planning to do in support of promoting diversity and inclusion. What programs and accommodations is it doing to improved D&I at the agency?  Since the State Department was an “integral” part of President Obama’s effort why not talk about what is the State Department doing in terms of collection, analysis, and dissemination of workforce data? What is it doing in support of strengthening leadership engagement and accountability?   What is it doing in support of  professional development to improve opportunities for women and promote a more diverse leadership?

Because after reading and admiring the government-wide D&I efforts–  then what?

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State Dept Seeks Organizational Shrink to Assist in Foreign Service Selection Procedures

— Domani Spero

 

On September 12, the State Department published a solicitation via FedBiz.gov seeking “a certified industrial and organizational psychologist to provide advice, assistance and support for Foreign Service selection procedures.” 

Extracted from the FedBiz documents:

The Foreign Service Act of 1980 tasks the U.S. Department of State (the Department), and the Board of Examiners (BEX) specifically, with the responsibility for the evaluation and selection of candidates for the Foreign Service. The Bureau of Human Resources, Office of Recruitment, Examination and Employment, Board of Examiners (HR/REE/BEX) oversees these examinations, including the Foreign Service Officer Test (FSOT), Qualifications Evaluation Panel (QEP), Foreign Service Oral Assessment (FSOA), and selection procedures for Foreign Service generalists, specialists and limited non-career appointments. HR/REE/BEX is seeking a certified industrial and organizational psychologist to provide necessary advice and assistance in support of the Foreign Service Selection Process.

The contractor will assist the Department in ensuring that all examinations for Foreign Service generalists, specialists and limited non career appointments have been professionally validated and constitute a reliable means of identifying those applicants who show the greatest possibility of success in the Foreign Service. The successful contractor will provide consultative and analytical services as requested including formulating program alternatives and operational support for successful implementation of any revisions to testing and hiring procedures.

 

According to the solicitation, the organizational shrink, formally known as the contractor here shall perform the following work, as assigned by the Department:

1. Assist in evaluating the extent to which the generalist, specialist and limited non-career appointment hiring programs are effective in meeting the needs of the Foreign Service.

2. Work with the contractor who develops and administers the FSOT to review test components, as directed by HR/REE/BEX, including redesign of sections where requested; review and advise HR/REE/BEX on any revisions to the FSOT prior to their inclusion in the Department’s hiring process.

3. Attend, as the Department’s expert contractor, meetings of the Board of Examiners for the Foreign Service, established pursuant to Section 211 of the Foreign Service Act of 1980, as amended. At the request of HR/REE/BEX, attend meetings with the Director General that involve discussion of Foreign Service selection procedures.

4. Provide advice on the procedures and training involved in the generalist, specialist and limited non-career appointment Qualifications Evaluation Panel (QEP), and assess the validity of QEP results.

5. Provide advice on the content validation of the Foreign Service Oral Assessment process (FSOA) and prepare FSOA validation reports for use by the Bureau of Human Resources.

6. Work with subject matter experts to create, review and revise all Foreign Service Selection Process assessments (QEPs, interviews, cases, competency tests, etc.). Provide programming and administrative support for online competency assessments.

7. Compile, manage, and report on assessment data. Validate assessments by conducting studies to ensure compliance with legal and professional testing guidelines. Analyze assessment data for statistical quality, adverse impact, and other purposes (e.g., answering questions from management).

8. Create feedback reports for assessors and management. Conduct special studies on the assessments (e.g., passing rates, comparing equivalence, faking, etc.) as requested. To include documenting all validation evidence, analyses, and special studies in technical reports.

9. Monitor all aspects of the implementation of the assessments and make continuous improvements.

10. Provide advice on alternate methods of entry to the FSOA (other than the FSOT) and assess the validity of these programs.

11. Evaluate on a recurring basis the Department’s recruiting and testing procedures, and advise HR/REE on how best to meet its hiring objectives and ensure the validity of any changes made to the examination processes.

12. Develop an online practice FSOT that potential candidates can use to assess their chances of passing the FSOT. Provide support to HR/REE for the Department’s recruiting mobile application.

13. Provide advice on the Department’s specialist hiring program, including possible examination alternatives; to include remote testing. Review and revise specialist and limited non-career appointment vacancy announcements and questionnaires used for initial screening of applicants.

14. Provide the Department with professional expertise in litigation should there be legal challenges to the FSOT, Oral Assessment,specialist examinations, or selection processes, including through production of requested documentation and service as an expert witness.

15. Provide professional advice and consultation to other HR offices within the Department as requested by HR/REE.

16. Define the mission-critical competencies required of entry-level Foreign Service Officers. Use this information to update the 2007 Job Analysis of Foreign Service Officer Positions

17. Conduct organizational or workforce surveys. To include a survey of generalists and specialists who have participated in the Oral Assessment; Entry-level Officers; and other candidate groups as designated by BEX.

Additionally the contractor should be an expert in psychometrics, the statistical science of psychological measures that are used to comprise knowledge tests and shall be conversant with:

  • The Uniform Guidelines on Employee Selection Procedures (1978) . These guidelines were established by federal agencies in charge of enforcing employment anti-discrimination laws. Among those agencies are the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance, and the Department of Justice.
  • The Principles for the Validation and Use of Personnel Selection Procedures , published by the Society for Industrial and Organizational Psychology.
  • The Civil Rights Act of 1964 {Public Law 88-352 (78 Stat. 241)} prohibits discrimination based on race, color, religion, sex, or national origin.

 

The State Department expects the following deliverables:

  • Based on its observations, the Contractor shall prepare a comprehensive report on generalist and specialist hiring programs, including the FSOT, Foreign Service Oral Assessment and specialist hiring programs, in addition to test-specific reports. The contractor may be required to brief HR/REE/BEX on the findings contained in the report to the Contract Officer’s Representative (COR).
  • The Contractor shall develop and provide in person (not recorded) an up-to-date Oral Assessment training program for assessors in order to ensure consistency among those conducting the oral assessment. Training shall address at a minimum the following elements: orientation to the concept of assessment centers and their role in pre-hire screening, background on the Foreign Service Oral Assessment process, and any revisions made since the last training session.
  • The Contractor shall provide training to BEX on each of the testing exercises that make up the FSOA (see http://www.careers.state.gov) and shall provide detailed guidance on scoring methodologies and anchors. The contractor shall ensure that the training is consistent with professional and legal standards or guidance.
  • The Contractor shall conduct a job analysis of the five Foreign Service Officer career tracks to determine what knowledge, skills, abilities and other characteristics FSOs need to perform their jobs effectively. Based on this analysis, the contractor will update the current blue prints being used by the Department.
  • The contractor shall compile evidence on the validity of the FSOA, and prepare a report summarizing such evidence, including a complete analysis of the demographics of those participating in the FSOA.
  • The contractor shall develop, monitor, provide, and maintain a comprehensive training program for the panel members involved in the generalists qualifications/evaluation/assessment (QEP).
  • As necessary, assist the Department, including its legal counsel, in legal matters pertaining to the FSOT, QEP and Oral Assessment, or other selection procedures established for the Foreign Service generalists and specialists.
  • The contractor will be required to compile a library of materials created pursuant to the contract on the content validation for all FSOTs administered during the contract period. Title to the library of materials compiled by the Contractor for which the Contractor is entitled to be reimbursed under this contract shall pass to and vest in the Government.

A couple of thoughts — this organizational psychologist has the potential to impact the hiring process of the State Department. Two, we are not sure if this is one of the results of the EEOC class action, but the requirement that this contractor provide the Department “with professional expertise in litigation should there be legal challenges to the FSOT, Oral Assessment,specialist examinations, or selection processes” seems to indicate that an expected challenge/s may be in the works.

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Foreign Service, Civil Service: How We Got to Where We Are (via FSJ)

— Domani Spero

 

Harry Kopp, a former FSO and international trade consultant, was deputy assistant secretary of State for international trade policy in the Carter and Reagan administrations; his foreign assignments included Warsaw and Brasilia. He is the author of Commercial Diplomacy and the National Interest (Academy of Diplomacy, 2004). He is also the coauthor of probably the best guide to life in the Foreign Service, Career Diplomacy: Life and Work in the U.S. Foreign Service (Georgetown University Press, 2011).  Last May, on the 90th anniversary of AFSA and the U.S. Foreign Service he wrote the piece, Foreign Service, Civil Service: How We Got to Where We Are for the Foreign Service Journal. It deserves a good read.  Excerpt:

By 2009, State employed 12,018 members of the Foreign Service and 9,487 members of the Civil Service, a ratio of just 1.3 to 1.

Throughout this period, the emphasis that AFSA and other foreign affairs organizations placed on the unique characteristics of the Foreign Service clashed repeatedly with the emphasis of the department’s leadership on teamwork and unity of purpose. AFSA and other organizations were quick to criticize Secretary Powell when he changed the annual Foreign Service Day celebration to a more inclusive Foreign Affairs Day in 2001 and renamed the Foreign Service Lounge the Employee Service Center.

More seriously, AFSA fought a long and litigious campaign to block certain high-profile assignments of Civil Service employees to Foreign Service positions overseas, and to inhibit such assignments generally. These and other efforts to defend the distinction of the Foreign Service did not reverse the Service’s diminishing prominence in the Department of State and in the conduct of the country’s foreign relations. Nor did such efforts sit well with the department’s management, which tried under successive secretaries to make (in Secretary John Kerry’s words) “each component of our workforce … work together as one cohesive and vibrant team.”

The Foreign Service Act of 1980 is now 34 years old, the age of the Foreign Service Act of 1946 when it was replaced. The drafters of the 1980 legislation had no great admiration for the dual-service system, but like Secretaries Byrnes, Acheson and Rusk, they concluded that keeping it was preferable to attempting change. With two very different personnel systems—not to mention a large and growing cohort of appointees exempt from the disciplines of either—the Department of State lacks the cohesion and vibrancy Sec. Kerry has called for.

As of April 2013, there are 13,676 Foreign Service and 10,811 Civil Service employees in the State Department. Click here (pdf) for the historical number of Foreign Service and Civil Service employees from 1970-2012.  Full article republished below with permission from the Foreign Service Journal.

 

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AFSA Releases Underwhelming Ambassador Guidelines For “Successful Performance”

— Domani Spero

We’ve been hearing about the AFSA ambassador guidelines for a while now.  We were prepared to be amazed but frankly, given that AFSA has largely ignored the termination of ambassador report cards, we tried hard to contain our expectations (see State/OIG Terminates Preparation of Report Cards for Ambassadors and Sr. Embassy Officials).

Last week, the State Department’s favorite columnist over at WaPo writes, “The cringe-inducing performances in recent weeks by some of President Obama’s ambassadorial nominees have raised expectations that the American Foreign Service Association will weigh in next week with some revolutionary guidelines to revamp the nomination process.  Don’t count on it. Thoughtful, yes. Explosive, hardly. Our sense of the guidelines, which AFSA began working on last summer, is that they’re fairly anodyne suggestions, not a call for stricter criteria.”

According to Al Kamen, the AFSA board reportedly approved the draft guidelines on a 17 to 5 vote, with all four former ambassadors on the board voting against the guidelines, “apparently feeling the new ones watered down the 1980 Foreign Service Act’s useless section on ambassador selection.”  We also heard complaints that while AFSA has been working on these guidelines since last summer, the AFSA membership reportedly did not get a chance to provide comments and input until Friday last week. What the hey?!

Below is the relevant section of the Foreign Service Act of 1980

SEC. 304 – APPOINTMENT OF CHIEFS OF MISSION

(a)(1) An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people.

(2) Given the qualifications specified in paragraph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstance will warrant appointments from time to time of qualified individuals who are not career members of the Service.

(3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission.

We are confident that various administrations since 1980 had their own definitions of what “from time to time” actually means.

So what’s the purpose of releasing these guidelines now?  AFSA says that it offers “this Guidelines paper as a resource to inform the executive and legislative processes of nominating and confirming U.S. chiefs of mission. Chiefs of mission are the president’s envoys to foreign countries and multilateralinstitutions, usually carrying the title of ambassador. They lead our engagement with foreign governments and act as the CEOs of U.S. overseas missions and embassies.”

One retired ambassador who is not an AFSA member asked why ambassadors are even described as CEOs  since they are not — having no bottom line, no shareholders, and no board of directors?  Without all that, we wonder who gets to fire these CEOs to improve “corporate” governance at our overseas missions?

Some of the folks we know who are retired members of AFSA are opposed to the practice of appointing bundlers as ambassadors citing Section 304 of the FSA 1980.   Some see this issue as key to defining an American profession.  Others strongly believe that AFSA as the professional association representing career Foreign Service diplomats, “must–like Cicero–at least take a stand and call out the current system for what it is–plutocratic  corruption.”

Just saw WaPo reporting that AFSA “may oppose Obama ambassador nominees” but that AFSA President Robert Silverman reportedly also “noted that there may be a feeling that AFSA might not “want to get into the middle of a dogfight” while it’s in progress.”

Whose dogfight is this, anyways?  Does AFSA really think that these guidelines would change the current practice of nominating ambassadors ?

At the DPB yesterday, a reporter asked if the State Department believe that an association or the union for current and retired professional diplomats should have any say in the nomination process.  The official spokesperson Jen Psaki replied, “I’d have to check and see … if we have an official U.S. Government position on that question.” Prior to that question, she did say this:

“Obviously, the nomination process, as you well know, happens through the Executive Branch, which has been a traditional process, and input and thoughts comes from a range of resources. And certainly, we support freedom of speech by anyone in terms of what they view nominees should be able to – should – criteria they should meet. But again, these decisions have traditionally been made out of the White House.”

Seriously now, are you hearing what she’s saying?

AFSA says that the Guidelines are “drawn from the collective experience of a group of distinguished former chiefs of mission, both career and non-career, and from legislative and regulatory sources.” Ten ambassadors, all retired; including Ambassador Donald Gips, our former ambassador to South Africa who also served  as head of the WH office for Presidential Personnel.  In that role, Ambassador Gips managed “the selection of several thousand political appointments for the Obama Administration” prior to his appointment to South Africa.  The working group surprisingly did not include a single member of the active Foreign Service.   How well or how badly these missions are managed have a direct impact on the life and work of our diplomats. So we’re curious — how much input did the active membership provide in finalizing the guidelines that the association issued on its behalf?  

AFSA says that the paper is “non-partisan in nature” and offers the following guidelines:

Under “Leadership, character and proven interpersonal skills,” the Guidelines says “A key skill is the ability to listen in order to better understand the host country’s perspectives.”

You know that every bartender worth his/her salt, actually could do this one just as well, right?

Under “Understanding of high level policy and operations, and of key U.S. interests and values in the country or organization of prospective assignment,” the Guidelines says of the  nominee: “He or she demonstrates the capacity to negotiate, and has the proven ability to take on various challenges, including working with U.S. and foreign business communities and other nongovernmental interests, and providing services to U.S. citizens.”

One could argue that Mr. Tsunis, the hotelier nominated for the U.S. Embassy Norway can demonstrate this just as well. As CEO of Chartwell Hotels, LLC which owns, develops and manages Hilton, Marriott and Intercontinental hotels throughout the Northeast and Middle Atlantic states, he presumably worked with U.S. and foreign business communities and provide services to American citizens. Every. Single. Day.

The third item in the Guidelines is Management.  The President of the Garden Club of Oz, as well, “possesses experience in setting goals and visions, managing change, and allocating resources.”

The fourth and last item listed is “Understanding of host country and international affairs.“The Guidelines says of the nominee: “has experience in or with the host country or other suitable international experience, and has knowledge of the host country culture and language or of other foreign cultures or languages.”

Experience as a foreign exchange student count, right?

To be clear, your blogger’s household does not pay any dues to AFSA, so we are not a member of any standing.   But after reading  the AFSA Guidelines officially titled, “Guidelines for Successful Performance as a Chief of Mission,”we also had to wonder — what was AFSA thinking?  Yes, it is doing something, but is it doing the right thing?

In fact, we think folks could wave these AFSA Guidelines around to defend even the most controversial ambassadorial nominees.  Let’s try it.

For example, according to Wikipedia, Colleen Bell, producer of The Bold and the Beautiful, graduated with high honors from Sweet Briar College with a bachelor’s degree in political economy, a dual major in political science and economics. She spent her junior year abroad at the University of St Andrews in Scotland.   Scotland is not Hungary but that is a foreign culture, is it not? You don’t think this is enough for AFSA Guidelines #4?  Doesn’t it say on paper, “of other foreign cultures or languages?” She also produced the world’s most-watched soap opera, viewed in over 100 countries. The show serves 26.2 million viewers, including U.S. citizens. You don’t think that has anything to do with management and understanding of international affairs?

As a taxpayer with a vested interest in the effective functioning of our overseas missions, we have followed AFSA and the Foreign Service closely.  While we are not a voting member of this association, we would have wanted, instead, to see two things from AFSA: 1)  work on strengthening the Foreign Service Act of 1980 through Congress, who is after all, tasked to provide “advice and consent”on ambassadorial nominees under the U.S. Constitution, and 2)  work on the reinstatement of the OIG Inspector Evaluation Reports (IERs)  to promote accountability and successful performance of our chiefs of missions overseas.  The end.

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