Why didn’t the State Dept have a permanent IG from 2008-2013? Late, but a senator wants to know.

Posted: 12:13  am EDT
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Senate Judiciary Committee chairman Chuck Grassley has been keeping the records folks awake in Foggy Bottom. Last week, he directed his attention on the missing permanent IG at the State Department from 2008-2013. Over two years late but this gotta be good.

The previously Senate-confirmed OIG for the State Department was Howard J. Krongard who announced his resignation on December 7, 2007 and left post on January 15, 2008.  President Obama nominated the current IG Steve Linick in June 2013. The U.S. Senate confirmed his nomination on September 17, 2013 and Mr. Linick officially started work at the State Department on September 30, 2013.  (By the way, on October 1, the federal government went on shutdown and Mr. Linick’s office was one of the very few offices at the State Department whose employees were put on furlough).  The vacancy at the IG’s office lasted more than five years before President Obama’s nominee finally took office.  (See Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 DaysAfter 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General).

In any case, Senator Grassley now wants to know why the IG vacancy at the State Department lasted, by official count, 2,071 straight days. Late but okay, we’d like to know, too.  The senator wrote a letter to Michael E. Horowitz, the Chair of Council of the Inspectors General on Integrity and Efficiency (CIGIE) and to Secretary Kerry. Excerpt below:

Congress needs a better understanding of how and why the State Department lacked a permanent IG who could serve as an independent watchdog for 2,071 straight days. Accordingly, please respond to the following by September 11, 2015:

CIGIE Chair Horowitz: Assuming that CIGIE prepared a list of recommended candidates to fill the IG vacancy at the State Department created upon the departure of former IG Howard Krongard in 2008:

a. Who were the candidates?
b. When were they recommended?
c. Who sent the slate of recommendations from CIGIE to the White House?
d. Who received the slate of recommendations at the White House from CIGIE?

e. What was the response, if any, from the White House regarding the slate of candidates?
f. Who, if anyone, at CIGIE received the White House’s response?
g. When and how was any such response from the White House received?

h. Please provide all records from any CIGIE official at the time relating to communications with the White House about the IG vacancy or potential candidates to fill the vacancy.
i. Did CIGIE provide candidate names to the State Department? If so, please provide the Committee with all records from any CIGIE official at the time relating to communications with the State Department about the IG vacancy or potential candidates to fill the vacancy.

Secretary Kerry: Please provide the Committee with all State Department records related to the IG vacancy or potential candidates to fill the vacancy, including communications between and among former Secretary Clinton, her senior staff, or any State Department personnel, any CIGIE official, or any White House official.

In the letter’s footnotes, Senator Grassley cites the testimony of POGO’s Danielle Brian on “Watchdogs needed: Top Government Investigator Positions Unfilled for Years, June 3, 2015.”  POGO has previously questioned the independence of the State Department’s acting IG. POGO also published a letter from “very concerned employees” (pdf) dated January 12, 2008 sounding the alarm on the appointment of an acting IG. Senator Grassley is listed as one of the addresses of that letter.

Senator Grassley’s IG vacancy letter cites two cases:

1) The “appearance of undue influence and favoritism” in departmental investigations of three allegations related to Diplomatic Security investigations (see Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security | January 2015 (pdf).

[ As an aside — the original OIG draft/report on DS investigations dates back to 2012 and was made part of the Higbie v. Kerry, a title VII employment discrimination case in Texas. That case was subsequently dismissed by the district court and affirmed by the Court of Appeals (pdf) in March 2015.  But in 2013, the government sought to exclude the “improperly obtained documents” that Higbie obtained via a subpoena from a retired OIG employee, Aurelia Fedenisn. The government asserted that the documents, including the draft report, were improperly retained by Fedenisn after her employment ended in 2012.  We’re reminded of this case in relation to the IG vacancy because the Washington Examiner recently reported that the then acting IG had sought to keep early drafts of a controversial OIG report under wraps in the Higbie case in federal court in 2013. Note that the contents of that draft report have already circulated and were reported on by the press in June 2013].

2) Allegations related to “protected disclosures” at  the U.S. Consulate General in Naples Italy, a case currently in the court system  (see Howard v. Kerry: Court Denies Motion to Dismiss One Retaliation Claim.

Senator Grassley’s letter is available to read here: 2015-08-27 Grassley | CEG to CIGIE and State Dept (IG Vacancy)

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Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 Days

— By Domani Spero

President Obama nominated Steve A. Linick as State Department Inspector General back in June filling a 1,989-day vacancy. (After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General). He will succeed Howard J. Krongard who announced his resignation on December 7, 2007.   Mr. Linick went before the Senate Foreign Relations Committee on July 30, 2013 (see video here).  During his confirmation hearing, he made the following pledges:

From a strategic and leadership perspective, I understand that the responsibilities of the position to which I have been nominated are great. Based on the significant issues facing the Department of State, it is clear to me that assuming the leadership role of Inspector General will be challenging and rewarding. I look forward to this task, if confirmed.

If confirmed, I pledge to: 

  • Ensure that the Department of State Office of Inspector General (OIG) is an independent and objective organization that provides timely, robust, fact-based oversight, transparency, and accountability to the programs and operations of the Department of State; 
  • Consult stakeholders regularly (including the Government Accountability Office and affected communities)
  • Efficiently and effectively deploy OIG resources to those areas that present the highest risk to the Department of State; 
  • Collaborate with other inspectors general who have potentially overlapping interests, jurisdiction, and programs; 
  • Ensure whistleblowers have a safe forum to voice grievances and are protected from retaliation; and
  • Aggressively protect taxpayer funds against fraud, waste, and abuse.

 

On September 17, after a wait of almost three months, the Senate finally confirmed Mr. Linick. So for the first time in 2,066 days, the State Department has a Senate-confirmed watchdog.

Today, September 30, will reportedly be Mr. Linick’s first day at work as Inspector General of the oldest executive department in the union.

While we have not been following his work as IG for the Federal Housing Finance Agency (FHFA), we understand that he was not shy in questioning publicly the large compensation packages for executives of Fannie Mae and Freddie Mac. He also told them off the bat that he would be no ordinary Washington regulator.  We are pleased with this appointment as State/OIG primarily because of that and because he is from outside The Building with limited Foreign Service connections.  With him as new watchdog in Foggy Bottom, we hope to see some changes in the way the OIG conducts its business.  We think our wishlist below is pretty reasonable.

1.  Redactions

One of our pet peeves, especially in the last several years is the redaction of OIG inspectors names from publicly available reports posted online.  The controversial OIG report on the IIP Bureau (Inspection of the Bureau of International Information Programs (ISP-I-13-28), similarly was stripped of names on who conducted the inspection.  The copy we were furnished did include the names of the team leader and deputy team leader but the rest of the names of the inspection team members were redacted.

When we inquired from State/OIG about this, we were told:

“It is marked as FOIA Exemption (b)(6) – “exempts from disclosure records or information which if disclosed would constitute a clearly unwarranted invasion of personal privacy.”

Now, that there alone gave us a terrible headache. The OIG inspectors are conducting official business in the name of the American public. Why would it be an invasion of privacy if their names are revealed?

So we asked “Why”? And this is what we were told by State/OIG:

“There is recent case law that specifically protects inspectors and investigators from having their information disseminated. However, there is concomitant protection for auditors – so, we continue to release their names.”

Protects them from having their “information disseminated” — as if we were asking for their home address.  We just want the names public. So we tried again asking State/OIG for the case law and date that their official FOIA lawyer is citing.

State/OIG who is actually quite good with response time sent us a disappointing reply:

“I’m afraid I don’t have it – and today was her last day.”

Look, there is a a reason why the inspectors’ names should not/not be redacted.  Retired and active FS officers are part of the OIG staff.  Active FS officers who become IG staff eventually has to bid for other rotational Foreign Service jobs.  Since 1978, the Government Accountability has questioned the use of FSOs detailed to the OIG  office since they bid and return to regular FS assignments.

  • In 1978, GAO reviewed the IG’s inspection reports and questioned the independence of Foreign Service officers who were temporarily detailed to the IG’s office and recommended the elimination of this requirement.
  • In 1979, the GAO noted that Foreign Service officers detailed as inspectors for temporary tours of two years and then reassigned to activities which they may recently have evaluated has negative as well as positive aspects.
  • In 1982  GAO continued to question the use of Foreign Service officers and other persons from operational units within the department to staff the IG office. It told Congress that it believes the IG’s extensive use of temporary or rotational staff affects the IG office’s independence because (1) these staff members routinely rotate between the IG office and management positions within the organizations they review, and (2) major decisions affecting their careers are determined by the State Department rather than by the IG office.
  • In 1991, GAO examined whether the Department of State’s Office of Inspector General (OIG): (1) omitted references to itself in an annual oversight report to Congress in a deliberate attempt to conceal internal problems; and (2) inappropriately hired and paid experts and consultants.
  • In 2007 GAO reported to Congress that it continue to identify concerns regarding the independence of the State IG that are similar to concerns they reported almost three decades ago. GAO concerns include (1) the appointment of line management officials to head the State IG in an acting capacity for extended periods, and (2) the use of ambassador-level Foreign Service staff to lead inspections of the department’s bureaus and posts even though they may have conflicts of interest resulting from their roles in the Foreign Service.
  • In 2011, the GAO noted some improvements, specifically noting that while State/OIG continues to assign Foreign Service officers at the ambassador level as team leaders for inspections, four of the six officers are rehired annuitants unlikely to rotate to State Department Foreign Service positions. GAO remains concerned, however, about the OIG’s use of Foreign Service officers and the State Department’s need to rely on acting IGs for extended periods of time.

In 1986, Congress made the State IG a presidentially appointed inspector general subject to the Inspector General Act and prohibited a career member of the Foreign Service from being appointed as the State IG. That change did not prohibit the appointment of a career member of the FS as acting IG or deputy IG.  According to the GAO in 2011, State/OIG implemented a change to the succession planning for acting IG positions to exclude Foreign Service officers.

We have yet to see that in action.

While we have not been able to confirm the relevant case law that State/OIG cited in withholding the identities of inspectors, we were told that this “doesn’t sound implausible.”  Steven Aftergood (@saftergood on Twitter) who runs Secrecy News for the Federation of American Scientists posits that even if such an exemption from disclosure exists (which it probably does), then it would be discretionary, not mandatory.  It means that State/OIG would be “at liberty to disclose it even if there was no compelling legal obligation to do so.”

Given the nature of the assignments/rotations in the Foreign Service, and the persistent questions of potential impairments to independence, we look on Mr. Linick to lean on the side of disclosure. Mr. Aftergood suggests that “such disclosure would be a good practice to adopt, particularly in light of the variability of State OIG career tracks and the potential for subsequent conflicts of interest.” 

2.  Recusals

The GAO report dated April 2011 indicates that to address independence impairments the State/OIG relies on “a recusal policy where Foreign Service officers must self-report whether they have worked in a post or embassy that is subject to an inspection and therefore presents a possible impairment.”  The GAO insist that they “continue to believe that the State OIG’s use of management staff who have the possibility of returning to management positions, even if they are rehired annuitants or currently report to civil service employees in the OIG, presents at least an appearance of impaired independence.”

We have never seen any of the published OIG reports indicate whether any recusal was filed related to an inspection or audit.  We would like to see that information included in State/OIG reports and audits.

3.  A Note on Black Sharpies 

Remember the hard-hitting OIG reports on Luxembourg, Kenya, Malta? All made the news. All also have one other thing in common — the chiefs of mission at these three posts were all political appointees.  Then there were two other OIG reports on Pakistan and Lebanon that caught our attention, both under career diplomats, and both severely redacted, including one that talks about the leadership shortcomings in the front office. (State Dept OIG Reports: Oh, Redactions, Is Double Standard Thy True Name?).  We were told that the redactions in one case had to do with the “geopolitical situation” at one post.  Our main concern about this as we have said here in the past is two-fold: 1) the appearance of a double standard and 2) recycling FSOs with problematic leadership and management skills is not going to make another embassy greener or healthier nor make for better FSOs.  Without effective intervention, they’re just going to make another post as miserable as the last one and impairs the embassy mission and operation. We would like to see State/OIG apply one standard on its reviews of chiefs of mission performance. Not whether they are effective political appointees or effective career appointees but whether they are effective representatives of the President regardless of their appointment authorities.

4. Cobwebs Over Troubled OIG Memo

Finally – remember this past summer when there was a big kaboom in Foggy Bottom ? (See CBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal.  The Cable’s John Hudson had an exclusive with Aurelia Fedenisn, a former State Department inspector general investigator Exclusive: Whistleblower Says State Department Trying to Bully Her Into Silence.  Some real serious allegations were made about cases that were reportedly “influenced, manipulated, or simply called off” in the State Department.  State/OIG released a statement to CBS News here.

On June 10, 2013, the State Department spokesperson Jen Psaki was on the podium answering questions about the CBS report:

QUESTION: First, what – I guess we can begin most broadly simply by asking what comments you have about the report that aired on CBS News this morning concerning State Department OIG Office.

MS. PSAKI: Mm-hmm. Well, the Department of State employs more than 70,000 dedicated men and women serving in some of the most challenging environments working on behalf of the American people at 275 posts around the world. We hold all employees to the highest standards. We take allegations of misconduct seriously and we investigate thoroughly. All cases mentioned in the CBS report were thoroughly investigated or under investigation, and the Department continues to take action.

[…]

QUESTION: — to borrow a phrase. You stated at one point early in your answer just now that all cases mentioned in the CBS News report were thoroughly investigated but that the State Department continues to take action on them. Did I understand you correctly?

MS. PSAKI: Yes. I did not mean to imply they were – the investigations were completed. Some are in process.

QUESTION: And when you talk about those cases being in process or in progress and action continuing to be taken on them, is that separate from the hiring of outside personnel that you also just referenced?

MS. PSAKI: Well, it’s not a hiring. It’s – it would be an investigation being done by the Inspector General’s Office working with outside law enforcement officers. So I would refer you them for any more specifics on that or how that would work. That’s a decision, of course, they make.

The back and forth went on and on to a point of total uselessness.  But the official spokesperson of the State Department did confirm that all the cases mentioned in the CBS report were “thoroughly investigated or under investigation.”

So imagine our confusion when the State/OIG submitted its Semiannual Report to the Congress October 1, 2012, to March 31, 2013 which was posted online on June 19, 2013?   We could not find any of the eight cases alleged in the CBS news report. None are listed as either an ongoing or a completed investigation in this semi-annual report; they’re not in the report submitted six months earlier either. What happened to them?

The report to Congress ending on March 31, 2013 lists investigations on bribery, theft and embezzlement, false claims, and grant fraud. It includes four investigations under employee misconduct: 1) a DCM repeatedly used his government resources for non-official purposes; 2)  a passport specialist used her official position to access personal information of personal acquaintances from official passport databases; 3) a Foreign Service officer responsible for award and oversight of the grants failed to follow grant policy; and 4) a Department employee who was overpaid for workers’ compensation leave (WCL) after a work-related injury.

Any of that remotely resembles the cases described in the October 2012 memo reported on the news?

The report did include under Congressional Mandates and Requests the following item which also made the news at around the same time as the CBS news:

“On November 2, 2012, OIG received a request from Senator Rand Paul to investigate allegations of staff misconduct at the U.S. Consulate General in Naples, Italy. In its response, OIG noted that the complaints were referred to the appropriate offices in the Department and that the complainants were provided contact information for the offices to which the complaints were referred.”

So —

We would like to suggest that among Mr. Linick’s first order of business, and we expect that he will have a full plate, is to personally look into what happened to these eight cases alleged to have been deep-sixed.  If these cases had been “thoroughly” investigated as claimed, then there should be records.   If the individuals were cleared, there should also be records.  If these allegations were never investigated, or there are no records, then one needs to ask why. Of course, there is another “why” that we are interested in. Why would a retired investigator of the Service turn against her old office in the most public way?

How aggressively Mr. Linick tackle these cobwebs and get some answers would help tell us what kind of junkyard dog he is going to be.

Whew! That’s sorta long. We’ll stop here and get some sleep and see what happens, okay?

(o_o)

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