Uh-oh Dept: Royce Issues Subpoena to OMB Over Diplomatic Security Training Facility Documents

Posted: 3:01 am EDT
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On May 28, U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee (HFAC), issued a subpoena (pdf) to the Office of Management and Budget (OMB).  The subpoena compels OMB to provide the Committee with critical information he said HFAC has sought for nearly a year concerning the State Department’s plan to construct a Foreign Affairs Security Training Center (FAST-C) in Virginia.

Subpoena to the Office of Management and Budget (OMB) | HFAC

Subpoena to the Office of Management and Budget (OMB) | HFAC


The State Department plans to construct the FAST-C facility in Virginia at a cost of $413 million.  However, the project’s initial estimate of $950 million suggests the likelihood of considerable cost escalation over the construction period.  At either amount, the State Department proposal appears far more costly than the Department of Homeland Security’s (DHS) proposal to expand its Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia to provide State Department diplomatic security training, as is currently taking place.

Chairman Royce said:  “In an increasingly dangerous world, the security of U.S. diplomats abroad is paramount.  We must ensure that our diplomats receive improved security training, and a big part of providing that training effectively is making the most of our limited resources.  That is why for nearly a year, I’ve been asking OMB to provide the Committee with its analysis, which according to OMB officials’ statements to Committee staff, recommended using an existing facility — a course that the Administration has apparently chosen to ignore.  I’d like to know the factors considered in this important decision.”

In late 2013, OMB examined the two proposals to determine whether State’s request for funding for FAST-C was justified.  Chairman Royce encouraged OMB to determine which proposal best addresses the State Department’s vital training needs in a fiscally responsible way.  He also requested that the Government Accountability Office perform an independent analysis of the proposals in September 2014.

The Committee is aware that OMB analysts had completed a written analysis recommending that the State Department pursue its diplomatic security training at the DHS’s FLETC facility.

On May 19, 2014, Chairman Royce requested that then-OMB Director Sylvia Burwell provide the Committee with a copy of OMB’s analysis.  On May 1, 2015, Chairman Royce reiterated his request to current OMB-Director Shaun Donovan, expanding it to include all “documents and communications” pertaining to the FASTC and FLETC facilities during OMB’s review period.  OMB has given no indication it will comply fully with these requests.

Chairman Royce said: “I am disappointed that OMB hasn’t provided the Committee its analysis so that the Congress can make informed and responsible policy decisions in this critical area.  The internal documents underlying this analysis should tell us how and why OMB arrived at its decision.  In light of OMB’s continued refusal, I am left with no choice but to issue this subpoena.”


Related items:

  • Chairman Royce’s January 9, 2014 letter to then-OMB Director Sylvia M. Burwell encouraging an independent OMB analysis is available here.
  • Royce’s May 19, 2014 letter requesting OMB’s analysis is available here.
  • Royce’s May 1, 2015 letter threatening to compel production of the analysis is available here.
  • In September 2014, Chairman Royce, Homeland Security Committee Chairman Michael McCaul (R-TX), and Homeland Security Subcommittee on Oversight and Management Efficiency Chairman Jeff Duncan (R-SC) requested an independent Government Accountability Office review of the State and DHS proposals. That review is ongoing.

Related posts:


Congress Seeks Details on Status of Four State Dept Employees ‘Fired’ Over Benghazi

— By Domani Spero

Express mail has been terribly busy between the Hill and Foggy Bottom. On May 28, the House Oversight Committee issued a subpoena for “documents and communications referring or relating to the Benghazi talking points” from ten current and former State Department officials.

The very next day, U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, along with 14 other Members of the Committee, also called on Secretary Kerry to detail what personnel actions the State Department has taken regarding the four Department employees who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the grossly inadequate security at the diplomatic facility in Benghazi last year.

In December last year, State Spokesperson, Victoria Nuland said: “The ARB identified the performance of four officials, three in the Bureau of the Diplomatic Security and one in the Bureau of Near East Asia Affairs….The Secretary has accepted Eric Boswell’s decision to resign as Assistant Secretary for Diplomatic Security, effective immediately. The other three individuals have been relieved of their current duties. All four individuals have been placed on administrative leave pending further action.”

You might want to read WaPo’s The Fact Checker – Has anyone been ‘fired’ because of the Benghazi attacks?

Below is an excerpt of Mr. Royce’s letter to Secretary Kerry:

As part of our inquiry, Committee Members have repeatedly asked the State Department to explain the employment status of certain Department personnel who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the inadequate security in Benghazi.

Initial reports indicated that these officials were “relieved of their duties,” thus implying their employment had been terminated.  However, by all accounts, these individuals have instead been placed on administrative leave and may or may not be returning to work.  Moreover, at least one of these individuals has stated that he has still not been informed of why he was removed from his position within the Department, or been allowed to view the ARB’s conclusions with respect to his job performance.  The Department’s handling of these matters is of great concern to the Committee, other Members of Congress, and the public.

When appearing before the Committee on April 17, 2013, you testified that you would soon be weighing in on an “internal review and analysis” of the performance of these individuals with respect to their handling of security issues.  Now that over one month has passed since your testimony, and over a full five months have passed since the ARB issued its report, we expect an immediate update on this process, and confirmation as to whether the referenced personnel are still employed by the Department.

Additionally, if these officials are still employed but on administrative leave, please describe what steps the Department has taken to resolve the issue of their employment status.  Please also provide a detailed account of any action taken by these officials to challenge the findings of the ARB report, including their basis for doing so.  Lastly, if any of these individuals are no longer employed by the Department, please provide a detailed explanation of the circumstances leading to the termination of their employment.

The full text of the letter is here.

The “at least one of these individuals” referred to in the letter above is without a doubt, Raymond Maxwell who told The Daily Beast that “nobody from the State Department has ever told him why he was singled out for discipline and that he has never had access to the classified portion of the ARB report.”

So now Congress wants details on what the State Department did to Diplomatic Security Assistant Secretary Eric J. Boswell, PDAS Scott P Bultrowicz, DAS Charlene R. Lamb and  NEA DAS Raymond Maxwell.

Ahnd, so do we!!

Obviously since there was no leadership and management deficiencies at the top … well, we need to see what the bureaucracy actually does to officials below who are deemed deficient in leadership and management.

But — hey, do you know why this is taking so long?  Are they still researching the Foreign Affairs Manual (FAM) so they can break the um … administrative gridlock?  Or are they updating the FAM so they can have a citation to cite?

Waiting bored until somebody translates this bureaucratic puzzle into something understandable for Congress and the neighbors …


Update: On May 30, the State Department was specifically asked about this during the Daily Press Brief, and here is the official word from the podium:

QUESTION: Okay. You’re aware of this letter that Congressman – also Chairman – Royce has sent inquiring as to the status of the four individuals who the ARB singled out in their classified version. Do you have an answer to – well, one, have you responded to him, and two, can you – if you have or if you haven’t, can you give us any update on what those – on what their status is —

MS. PSAKI: Well, we just received the letter yesterday, so I’m not aware of a formal response at this time, although that is something that we do do in response to letters, of course. I have seen the content of the letter. There’s no real mystery here. We talk – we’ve talked about this. I have talked about this from the podium, so let me walk you through a couple of status issues. One is the Secretary is briefed regularly by his senior staff and is focused on not only continuing the ongoing cooperation with Congress, but on implementing the ARB recommendations and coming to a conclusion on the status of these four individuals. He has publicly made that clear that he considers – and that he’s considering a number of factors.

As we’ve talked about a little bit before, career Foreign Service employees are entitled to due process and legal protections under the Foreign Service Act with respect to any potential disciplinary action, and Secretary Kerry, as he said in his budget testimony, there are a set of rules and standards that govern personnel actions such as these, and any actions must be considered with a full understanding of options.

So in terms of what the status is, he continues to review with all those factors —

QUESTION: Okay. Still pending?

MS. PSAKI: — and will make a decision soon.

In short, still pending.