Snapshot: NIV Adjudications For Student and Exchange Visitor Visas, FY2012-2017

Via GAO:

NIV adjudications for student and exchange visitor visas decreased by about 2 percent from fiscal years 2012 through 2017 (1.01 million to 993,000) overall, but experienced a peak in fiscal year 2015 of 1.2 million.

State officials partly attributed the overall changes in student and exchange visitor visa adjudications to the extension of the validity period of such visas for Chinese nationals, which represented the largest single country of nationality for student and exchange visitor visas in fiscal year 2017 (19 percent). In November 2014, the United States extended the validity period of the F visa for academic students from 1 year to 5 years. State officials noted that similar to tourist and business visitor visas, there was an initial surge in Chinese F-visa applicants due to the new 5-year F-visa validity period that began in fiscal year 2015, but the number dropped subsequently because Chinese students with such 5-year visas no longer needed to apply as frequently for F visas. State data for this time period indicate that the number of visa adjudications for F visas for Chinese nationals increased from about 267,000 in fiscal year 2014 to 301,000 in fiscal year 2015, followed by a decline of 172,000 in fiscal year 2016 and 134,000 in fiscal year 2017.

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Oh, don’t forget to give this a read. WH considered ban for Chinese students? They make up 19% of all student visas issued in FY2017.

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Making Sense of Tillerson’s Rescinded Delegations of Authority @StateDept

Posted: 5:07 am ET
Updated: Aug 11, 2:24 pm PT
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We recently blogged about the rescinded delegations of authority at the State Department (see Tillerson Rescinds Delegated Authorities Department-Wide, Further Gums Up Foggy Bottom).  A State Department official (SDO) told Politico that Tillerson only rescinded three delegations of authority. Just three.  SDO frequently is the attribution used when the folks at the State Department press shop do not want to speak on the record.  The same official who commented to Politico also said Tillerson has requested the Under Secretaries to undertake an immediate review of the remaining authorities. The SDO forgot to remind himself that the State Department currently do not have Under Secretaries but only one Under Secretary (P).

The sources who informed us of the rescinded authorities are SDOs but are not part of the agency’s press office.  They are folks who are not known for running around with their hair on fire.  One of them told us “all”, another confirmed that it was “department-wide,” and that’s the story we ran.  One of our sources subsequently told us that decisions will be made quickly on which authorities will be redelegated. It was pointed out to us that some will be quick and obvious to make like authorities concerning consular services.

We understand that there is also a memo floating around outlining the delegations of authority that have been rescinded.

 

DA-14: Delegation of Authority to Under Secretary for Political Affairs (P) and the Under Secretary for Management (M), January 18, 2017
(no text publicly available)

One the three authorities the State Department said it rescinded was DA-14 dated January 18, 2017 granted by then Secretary Kerry to the Under Secretary for Political Affairs (P) and the Under Secretary for Management (M) that the State Department says “allowed for almost unlimited re-delegation of those authorities.”  DA-14 has not/not been published in the Federal Register nor the GPO so we don’t know all the details that it covered.

A former State Department official (SDO) familiar with this issue, however, told us that the January 18 delegation was essentially envisioned as “a temporary, unlimited delegation of authorities to P and M because it was anticipated that there would be no “D” and perhaps no “S” for some period of time” and that its revocation “would not have a dramatic effect” on operations.  According to the former SDO, the revocation of this specific DA is not surprising since the Secretary and the  Deputy Secretary are now both in place.  The former official further told us that rescission of ALL of the delegations of authority would be much more significant but said, “I can’t imagine that all of the delegations were rescinded.”

The former SDO added that “If the Secretary did revoke all of the delegations one would hope that this would be very temporary.” The former official explained that “Without delegations in place, any decisions that by law lie with the Secretary literally would need to be made by the Secretary. This could result in significant delays, including on decisions that are by and large technical.”

A piece published by the New York Times over the weekend notes that “all decisions, no matter how trivial, must be sent to Mr. Tillerson or his top aides: Margaret Peterlin, his chief of staff, and Brian Hook, the director of policy planning.” 

A Foggy Bottom worker bee told us that whether or not Tillerson rescinded delegated authority “the effect is the same –the paper goes to him.” FBWB added that “In normal circumstances we would know the staffers in S, as we do in other 7th floor offices, and can keep paper moving with a telephone call” but that this is now “unknown” territory.

So what does it mean if ALL decisions must now go up to the Secretary of State?

Please don’t tell us that the next wrinkle we’re going to hear would be folks unable to PCS (Permanent Change of Station) because Tillerson is traveling and is unable to approve travel orders.


DA 284-1: Delegation of Authority to the Under Secretary for Political Affairs, Feb 13, 2009

Text: Delegation of Authority No. 284–1

By virtue of the authority vested in me as Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, I hereby delegate to the Under Secretary for Political Affairs, to the extent authorized by law, all authorities and functions vested in the Secretary of State or the head of agency by any act, order, determination, delegation of authority, regulation, or executive order, now or hereafter issued. This delegation includes all authorities and functions that have been or may be delegated or redelegated to other Department officials but does not repeal delegations to such officials.

This delegation shall apply only when the Secretary, the Deputy Secretary, and the Deputy Secretary for Management and Resources are absent or otherwise unavailable or when the Secretary or either Deputy Secretary requests that the Under Secretary exercise such authorities and functions.

Notwithstanding this delegation of authority, the Secretary of State, the Deputy Secretary of State and the Deputy Secretary of State for Management and Resources may exercise any function or authority delegated by this delegation.

This is one of the three DAs cited  by the State Department official to the press.  The language is clear that this authority apply only when the Secretary and the Deputy Secretary are “absent or otherwise unavailable” or “when the Secretary or either Deputy Secretary requests that the Under Secretary exercise such authorities and functions.”

Excuse us, but this is perplexing to us, ok? If Secretary Tillerson and Deputy Secretary Sullivan are traveling who has authority over the State Department in their absence if it’s not going to be the third highest ranking person in the agency?

A separate source  familiar with inner workings at State but has no direct knowledge of these developments suggested that the Delegation of Authority exercise exposes more than anything else “the profound lack of knowledge and grasp” on the 7th floor especially with the political appointees.  This source says that there are practical and long standing reasons for delegations to D and P of certain things, such as making it possible for Tillerson to seamlessly have things done without having to go through the “Acting” designation every time he’s not around or unavailable. It appears that no one understood that.

And no one thought about asking the Office of the Legal Adviser?

 

DA 280-1: Delegation by the Secretary of State to the Under Secretary for Political Affairs of Authorities Regarding Congressional Reporting Functions, Feb 13, 2009:
Text: Delegation of Authority No. 28o–1 

By virtue of the authority vested in me as Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, I hereby assign to the Under Secretary of State for Political Affairs, to the extent authorized by law, the function of approving submission of reports to the Congress.

This delegation covers the decision to submit to the Congress both one-time reports and recurring reports, including but not limited to those recurring reports identified in Section 1 of Executive Order 13313 (Delegation of Certain Congressional Reporting Functions) of July 31, 2003. However, this delegation shall not be construed to authorize the Under Secretary to make waivers, certifications, determinations, findings, or other such statutorily required substantive actions that may be called for in connection with the submission of a report. The Under Secretary shall be responsible for referring to the Secretary, the Deputy Secretary, or the Deputy Secretary for Management and Resources any matter on which action would appropriately be taken by such official.

Any authority covered by this delegation may also be exercised by the Deputy Secretary and the Deputy Secretary for Management and Resources, to the extent authorized by law, or by the Secretary of State.

This is the last of the three DAs cited by the State Department as having been rescinded by Tillerson. According to Reuters, the authorities regarding congressional reporting functions will now go to the Office of Policy Planning (S/P), The current S/P head is a member of Tillerson’s inner circle, Brian Hook. The position does not require Senate confirmation.  Three former officials told Reuters that giving the policy planning staff final sign-off on the reports could inject political considerations into their preparation.  (For what it’s worth, a Foggy Bottom denizen who knew Mr. Hook during his prior stint at State during the Bush administration told us that he is “very smart and thoughtful — a good pick for the head of the policy shop — and also really a nice man.”)

S/P was created in 1947 by George Kennan at the request of Secretary of State George C. Marshall. The office serves as a source of independent policy analysis and advice for the Secretary of State. According to state.gov, the Policy Planning Staff”s mission is to take “a longer term, strategic view” of global trends and frame recommendations for the Secretary of State to advance U.S. interests and American values.

Note that there are at least 300 congressionally mandated reports required by Congress. So S/P will now have sign off on all those reports? The rumors of an expanding S/P empire is in all likelihood, true, because how are you going to clear all these reports?  And if this is the case, who’s going to be doing “longer term, strategic view” for the State Department if S/P is signing off on all reports and every policy memo? What’s the career diplomat at “P” going to be doing?

One other thing pointed out to us, particularly on the delegation to P for signing off on reports to Congress is that these reports must have a “policy sign-off.”  We understand that the Bureau of Legislative Affairs (H) never had this function which is primarily coordination of legislative activity/strategy and principally as liaison to Congress.  Apparently, the 7th floor is not even aware of this and was under the assumption that the bureau’s responsibility to “transmit” reports is the same as responsibility to “sign-off” for policy purposes.

Did somebody send the Office of the Legal Adviser (L) a smoke signal for help?

NOTE: Delegation of Authority: 245-2 Delegation from the Secretary to the Deputy Secretary, July 31, 2017 to be published in the Federal Register on August 14, 2017. This DA supersedes Delegation of Authority 245-1, dated February 13, 2009. PDF

AND NOW THIS —

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Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept

Posted: 9:26 pm PT
Updated: June 11, 10:34 pm PT
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On Friday night, the White House released a slew of nominations including two names for the State Department — Eric Ueland to be Under Secretary of State for Management and Nathan Alexander Sales to be Coordinator for Counterterrorism.

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In June 2013, Roll Call reported that the Senate Budget ranking member Jeff Sessions brought in a longtime budget and Senate rules expert Eric Ueland as his committee staff director.  The report notes that “With budget wars dominating the conversation in Washington, Ueland’s hire could signal Sessions’ desire to beef up his ability to spar with Democrats on the issue.” Ueland in 2013 was cited as the current vice president at the Duberstein Group. He worked as former Senate Majority Leader Bill Frist’s, R-Tenn., chief of staff as well as chief of staff to former Senate Majority Whip Don Nickles, R-Okla. “In those roles, he was regarded as one of the smarter procedural strategists for the Republicans”, according to Roll Call.

In 2015, when Sen. Mike Enzi (R-WY) became chairman of the Senate Budget Committee Ueland stayed on as Staff Director.  Senator Enzi released the following brief bio for Eric Ueland at that time:

Eric Ueland graduated from the University of San Francisco in 1988 and worked at The American Spectator magazine before joining the Senate Republican Policy Committee staff in 1989 under Senator Bill Armstrong (R-CO). He served in a variety of positions at the committee before becoming deputy chief of staff for Senator Don Nickles (R-OK) at the Senate Assistant Majority Leader’s Office in 1996, serving as chief of staff from 1999 to 2002. Ueland became staff director of the Senate Rules Committee for Chairman Rick Santorum (R-PA), then from 2003 to 2006 served as transition staff, deputy chief of staff and chief of staff to Senate Majority Leader Bill Frist (R-TN). In 2007, he joined The Duberstein Group, a bipartisan advocacy firm, serving as vice president until being named the Budget Committee’s Republican staff director in 2013 for Senator Jeff Sessions (R-AL).

In 2016, Politico reported that Eric Ueland was advising Donald Trump’s presidential transition team.

If confirmed, Mr. Ueland would succeed career FSO Patrick F. Kennedy who was the Under Secretary for Management from 2007 until February 2017. Below is a quick description of this position via history.state.gov:

On Oct 7, 1978, an Act of Congress created the permanent position of Under Secretary of State for Management (P.L. 95-426; 92 Stat. 968). The Under Secretary of State for Management serves as principal adviser to the Secretary and Deputy Secretary on matters relating to the allocation and use of Department of State resources (budget, physical property, and personnel), including planning, the day-to-day administration of the Department, and proposals for institutional reform and modernization. Specific duties, supervisory responsibilities, and assignments have varied over the years. Each incumbent is commissioned with a functional designation as part of his title.

Here are the previous appointees as “M” from 1953 to-date, all noncareer appointees except for two career FSOs to serve in this role:

 

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Recipe For Disaster Transition @StateDept: Situation AltNormal, All Fucked Up

Posted: 12:12 pm PT
Updated: 1:15 pm PT
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We just posted about the reported mass resignations of senior management officials at the State Department (see Patrick Kennedy, Other Officials Step Down – Yo! That’s Not the “Entire” Senior Management).

The State Department spox released the following statement:

“As is standard with every transition, the outgoing administration, in coordination with the incoming one, requested all politically appointed officers submit letters of resignation. The Department encourages and advocates for senior officers to compete for high level offices in the Department. These positions are political appointments, and require the President to nominate and the Senate to confirm them in these roles. They are not career appointments but of limited term. Of the officers whose resignations were accepted, some will continue in the Foreign Service in other positions, and others will retire by choice or because they have exceeded the time limits of their grade in service. No officer accepts a political appointment with the expectation that it is unlimited. And all officers understand that the President may choose to replace them at any time. These officers have served admirably and well. Their departure offers a moment to consider their accomplishments and thank them for their service.”

The senior management officials reported to be stepping down today are not exactly quitting because U/S Kennedy resigned.  Our understanding is that they are leaving because they, too, got letters telling them to go.

What we know right now is that a good number of senior career official received letters yesterday morning essentially saying, “Thank you for your service.  You’re done as of Friday.”  The letters went to U/S Pat Kennedy, A/S Michelle Bond (CA), Joyce Barr (A), and Gentry Smith (DS M/OFM).  We noted previously that there are 13 offices under the “M” group which includes among other things, housing, medical, logistics, personnel, training, security.  We understand that the only person left in the “M” family in a Senate-confirmed position is DGHR Arnold Chacon.

We can confirm that one career under secretary serving in an acting capacity did not receive a letter or notification to leave.  But letters reportedly also went to others, including an assistant secretary in a geographic  bureau overseeing a most challenging region saying “you’re done, once we nominate your successor.”

Here’s the problem, with the exception of the announced nominations for ambassadors to China and Israel, there are no announced nominees for the State Department in the under secretary or assistant secretary level.  How soon will the replacements come onboard? As soon as the nominees are announced, vetted, and confirmed by the U.S. Senate.

Just to be clear, this is not the case of career employees refusing to continue working with a new administration or quitting public service, or quitting in protest — they were told to leave.

People who got these letters are “resigning.”  A good number of them are also retiring as of the 31st because they can no longer be in the Foreign Service due to mandatory retirement (they’re over 65) or they are subject to time-in-class/time-in-service restrictions.  For those who are not retirement-eligible or subject to TIC/TIS, they’re still in the Senior Foreign Service and could theoretically move into different jobs.

With the exception of the DGHR position, we understand that all Senate-confirmed positions in the “M” family are “unemcumbered” or will soon go vacant. The Trump Transition may not know this, but these positions are the most critical to keeping the Department going.  We understand that these firings cause all sorts of problems because “there are certain authorities that can only be vested in someone who is in a confirmable position.”  For example, whenever “M” is on travel, the role of “Acting M” always defaulted to the Senate confirmed senior official at Diplomatic Security, Administration, or Consular Affairs.

For real life consequences, “M” approves authorized and ordered evacuation requests and authorizes the use of K funds. So better not have an evacuation or embassy shutdown right now because without an “M” successor, even one in an acting capacity, no one has any frakking idea who is responsible.  We are presuming that the Legal Affairs bureau is trying to figure this out right now. That is, if the Legal Advisor is still in place and had not been asked to leave, too.

This need not have to happen this way. The Landing Team get to an agency, and it goes about the job of filling in positions with their selected appointees in an orderly manner. This is not the first transition that the agency has gone through.  We understand from the AP’s Matt Lee that there was only one under secretary position left at State during the Clinton to Bush transition.  But giving career employees, some with 30-40 years of dedicated service to our country a two-day notice to pack-up is not just disgraceful, it is also a recipe for disaster.

Unless somebody with authority steps in now, by Monday, the only person possibly left standing in the 7ht Floor is Ambassador Tom Shannon who is the Acting Secretary of State pending Rex Tillerson’s confirmation.  And when Rex Tillerson, who has never worked for the federal government shows up for his first day at work next week, with very few exception, he may be surrounded with people, who like him will be lost in Foggy Bottom.

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Patrick Kennedy, Other Officials Step Down – Yo! That’s Not the “Entire” Senior Management

Posted: 10:09 am PT
Updated: 10:29 am PT
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Yesterday, Mark Toner, the State Department’s Acting Spokesperson said that “Patrick Kennedy will resign as Under Secretary for Management on January 27, and retire from the Department of State on January 31. A career Foreign Service Officer, Under Secretary Kennedy joined the Department in 1973.”  To read more about him, see The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight.

Today, WaPo reports that the “entire senior management team just resigned.” In addition to U/S Kennedy stepping down, others named includes A/Barr, CA/Bond, DS/Gentry Smith, all career diplomats, and presumably are retiring from the Foreign Service. Previous departures include OBO’s non-career appointee, Lydia Muniz o/a January 20, and Diplomatic Security’s Greg Starr who retired a week before inauguration.

As we have noted before in this blog, U/S Kennedy has been the Under Secretary for Management since 2007. He is the longest serving “M in the history of the State Department, and only the second career diplomat to encumber this position. U/S Kennedy’s departure is a major change, however, it is not unexpected.

The “M” family of offices is the train that runs the State Department, it also affects every part of employees lives in the agency. But there are 13 offices under the “M” group.  Four departures this week including Kennedy, plus two previous ones do not make the “entire” senior management.  If there are other retirements we are not hearing, let us know.  But as one former senior State Department official told us  too much hyperventilation at the moment “is distracting from things that really are problematic.”  

The challenge now for Mr. Tillerson who we expect will be confirmed as the 69th Secretary of State next week, is to find the right successor to lead the “M” group.  We hope he picks one who knows the levers and switches in Foggy Bottom and not one who will get lost in the corridors.

Update: Via CNN “Any implication that that these four people quit is wrong,” one senior State Department official said. “These people are loyal to the secretary, the President and to the State Department. There is just not any attempt here to dis the President. People are not quitting and running away in disgust. This is the White House cleaning house.”

Update: Statement from Mark Toner, Acting Spokesperson:

“As is standard with every transition, the outgoing administration, in coordination with the incoming one, requested all politically appointed officers submit letters of resignation. The Department encourages and advocates for senior officers to compete for high level offices in the Department. These positions are political appointments, and require the President to nominate and the Senate to confirm them in these roles. They are not career appointments but of limited term. Of the officers whose resignations were accepted, some will continue in the Foreign Service in other positions, and others will retire by choice or because they have exceeded the time limits of their grade in service. No officer accepts a political appointment with the expectation that it is unlimited. And all officers understand that the President may choose to replace them at any time. These officers have served admirably and well. Their departure offers a moment to consider their accomplishments and thank them for their service.”

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

Posted: 12:57 am ET
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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:

 

 

 

The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight

Posted: 5:04 am ET
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FP’s John Hudson recently wrote a profile of the the State Department’s powerful Under Secretary for Management (M). The official spox, John Kirby is quoted in the article, as well as former acting assistant secretary for NEA Beth Jones, and former assistant secretary for CA Janice Jacobs. Just about everyone quoted in the profile, even those with complimentary quips, spoke anonymously to avoid getting into hot water

John Hudson’s profile starts with the line — “In a town infamous for throwing bureaucrats under the bus, Patrick Kennedy’s survival is the stuff of legend.”

Here are some of the quotes extracted from the profile:

“Pat Kennedy is the most powerful guy you’ve never heard of,” said a former diplomat, who like many others spoke on the condition of anonymity to avoid angering the influential government boss.

“The guy has nine lives” a former diplomat said of Kennedy, who has spent more than 40 years at the State Department.

“No one works harder and cares more about the day-to-day management of diplomacy,” said a foreign service officer.

“Pat Kennedy is one of the main gateways to getting an ambassadorship,” said a career foreign service officer. “He comes to people’s aid or demise depending on what they’ve done for him.”

“Like Stalin, his power comes from his understanding and control over the bureaucracy,” said a former State Department official.

“He needs to groom a successor, but he hasn’t done that,” said one foreign service officer.

“He’s an extraordinary public servant and a pillar of this Department,” said State Department spokesman John Kirby.

“Kennedy is the quintessential bureaucrat,” said Rep. Mike Pompeo (R-Kan.).

“When anything happens in the world, someone at the White House is going to call Pat first,” said Beth Jones, the former acting assistant secretary of state for Near East Affairs.

Jones, a longtime Kennedy ally, volunteered during an interview: He knows “where all the bodies are buried.”

“If the next secretary of state asks him to stay on, I bet anything he’ll say yes,” said Jones, a longtime acquaintance of Kennedy and his wife.

“Quite frankly, I’m not sure what Pat would do in retirement. He gives a new definition to the word workaholic,” said Janice Jacobs, a former assistant secretary of state for Consular Affairs and the Department’s current Transparency Coordinator.

Read the entire piece below:

We should add that as of November last year,  U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department. He is apparently 67 years old. That’s two years past the mandatory retirement age for ordinary FSOs.  Sec. 812 of the Foreign Service Act of 1980 does says that “Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated.” So there’s that, save by section (a).

He certainly has admirers and critics, even from readers of this blog. When the Hudson profile  came out, half a dozen folks sent us the link to the FP article.

One complaint we’ve heard is that rather than ask, “what’s good for the mission?”management type folks allegedly say things like “Pat would like that” or “Pat wouldn’t like that!”   A State Department staffer who would only speak on background said that “It’s not healthy for an organization when people associate one man with the organization itself.”

The Under Secretary of State for Management serves as principal adviser to the Secretary and Deputy Secretary on matters relating to the allocation and use of Department of State resources (budget, physical property, and personnel), including planning, the day-to-day administration of the Department, and proposals for institutional reform and modernization. Specific duties, supervisory responsibilities, and assignments have varied over the years according to history.state.gov.  There is no/no other position in Foggy Bottom that has a more significant impact on the day to day lives of employees and family members than the Under Secretary of State for Management.

Since 2009, the State Department was authorized a Deputy Secretary of State for Management and Resources (D/MR), the third highest ranking position at the agency.   Jack L. Lew stayed from January 28, 2009 – November 18, 2010, before moving on to better jobs. Thomas R. Nides was in from January 3, 2011 – February, 2013, then rejoined Morgan Stanley as vice chairman.  Heather Anne Higginbottom joined the State Department in 2013 after a stint at OMB. One or two or all of them may show up again if there is a Clinton White House. Or an entirely new crew will show up if there is a Trump White House. Forgive us for imagining that nightmare (by the way, 121 GOP National Security leaders wrote an open letter in opposition to a Donald Trump presidency).

Michael Singh writing about The Dysfunction Exposed by the Clinton Investigation in the State Department and Beyond notes that “the State Department now has two deputy secretaries instead of one, meaning that resolving the tension between resource constraints and policy priorities is now organizationally the responsibility of the secretary rather than a deputy.” Heh!  The thing is, Secretary Kerry is almost never home and his deputy is also often on the road. You’d think that D/MR would be running the agency, that is, if she, too, is not traveling.  But, you can probably guess who actually runs the building.

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U.S. Secretary of State John Kerry poses for photo at the groundbreaking ceremony for the U.S. Diplomacy Center with former Secretaries of State Henry A. Kissinger, James A. Baker, III, Under Secretary for Management Patrick F. Kennedy, Hillary Rodham Clinton, Madeleine K. Albright, and Colin L. Powell at the U.S. Department of State in Washington, DC on September 3, 2014. [State Department photo/ Public Domain]

Here is a quick timeline of U/S Kennedy’s career with some of the more significant events the State Department confronted through the years:

1973 | Kennedy joined the Foreign Service

1973 – 1993 | he served in a number of positions in Washington and overseas, including as Management Counselor at the Embassy in Cairo and Executive Director and Deputy Executive Secretary of the Executive Secretariat.

1993 – 2001 | he became Assistant Secretary of State for Administration (State/M/A) during President Clinton’s two terms in the White House from 1993-2001.

— concurrently from August 1996 to August 1997 he served as the Acting Under Secretary for Management

— in 1998 he served as Acting Assistant Secretary of State for Diplomatic Security

— from 1997 to 2001, he served as the coordinator for the reorganization of the foreign affairs agencies.

February 2000 | he was nominated as Representative of the U.S.A. to the European Office of the United Nations (Geneva); nomination was not acted upon by the Senate (see)

September 2001 – May 2005 |  he was U.S. Representative to the United Nations for Management and Reform with the Rank of Ambassador.

— During this period he also served from May 2003 to the end of November 2003 as Chief of Staff of the Coalition Provisional Authority (CPA) in Iraq

— From May 2004 to late August 2004 as the Chief of Staff of the Transition Unit in Iraq

February 2005 to April 2005, | he headed the Transition Team that set up the newly created Office of the Director of National Intelligence (ODNI)

April 2005 to May 2007 | he was Deputy Director of National Intelligence for Management (ODNI/M)

May 2007 – November 2007 | he was Director of the Office of Management Policy, Rightsizing, and Innovation (State/M/PRI)

November 2007 | he was appointed Under Secretary of State for Management (M). He was one of the three appointees as “M” in the GWBush tenure, and the first career diplomat. He followed Grant S. Green, Jr. who served in the Bush’s first term under Secretary Powell, and  Henrietta H. Fore, who served from 2005-2007 in the Bush’s second term under Secretary Rice. U/S Kennedy was kept on as “M” during the first Obama term under Secretary Clinton, and continued in the same position under Secretary Kerry.

In November last year, U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department.  Besides Ronald Ian Spiers who served as “M” from 1983–1989, Kennedy would be the only other  Foreign Service Officer appointed to this position.

One of the first incidents that publicly featured U/S Kennedy occurred in November 1993.  Then Secretary of State Warren Christopher dismissed two mid-ranking State Department employees, apparently for their role in searching the personnel files of 160 former Bush Administration officials. The NYTimes named two officials who were political appointees rewarded with State Department jobs for their work in Bill Clinton’s Presidential campaign and the transition to the White House. According to the DPB at that time, the Assistant Secretary for Administration Patrick Kennedy “had immediately taken custody of the cartons of files in  question and had put them in a place where they could be reviewed by the  Inspector General;” within 24 hours reportedly of the initial account appearing in the news.

It’s no wonder that we’ve heard Mr. Kennedy dubbed as the State Department’s Mr. Fix-It.  In October 2007, Mr. Kennedy was also involved in the investigation into the behavior of Blackwater Worldwide following the Nisour Square shooting during Secretary Rice’s tenure (see Ambassador Patrick F. Kennedy on the Report of the Secretary of State’s Panel on Personal Protective Services in Iraq). Diplomatic Security’s Richard Griffin resigned in the wake of that deadly shooting and amidst growing questions about the State Department’s use of private contractors to protect diplomats in Iraq.

In March 2008, the State Department fired two employees and reprimanded a third for improperly opening electronic information from the passport file of then Senator Barack Obama. Mr. Kennedy talked about the unauthorized accessed of Obama passport records of yet another on-the-record briefing.

In September 2009, allegations surfaced via POGO on the shortcomings in Kabul embassy security and in State Department oversight of a guard force supplied by ArmorGroup, North America (AGNA), owned by Wackenhut Services, Inc. U/S Kennedy was once again in Congress on behalf of the State Department.

In October 2012, U/S Kennedy made one of his appearances in Congress concerning the Benghazi attack. See Benghazi Hearing: Looking for Truth Amidst a Partisan Divide, Outing OGA, Zingers.

In August 2013, U/S Kennedy testified in the Bradley Manning case on the release of classified diplomatic cables to the WikiLeaks website.

In June2016, he was deposed in connection with an FOIA litigation related to the Clinton email server. See JW v. @StateDept: Under Secretary Patrick Kennedy’s Testimony (Transcript)

Perhaps, one of the most notable case, in the history of the State Department came in 1998. In 1998, the twin embassy bombings in Nairobi and Dar es Salaam occured; the ARB Report dated January 1999 is online here. Mr. Kennedy who was then the Assistant Secretary for Administration (A) — having relinquished his acting capacity in Diplomatic Security, but nevertheless an authoritative spokesman on issues related to security and the recent bombings in Africa” according to the State Department spokesman — was the point man.

Prior to the attack, in December 1997, the then U.S. ambassador to Nairobi, Prudence Bushnell expressed her concerns over the vulnerability of the embassy. She apparently requested a security assessment team and stated her desire to have a new building. In the DPB of August 14, 1998, the press wanted to know who did Ambassador Bushnell write to express her concerns. Mr. Kennedy’s response at that time is worth noting:

“Bonnie Cohen, the Under Secretary for Management, who would be the Under Secretary that an ambassador would communicate with on something that involved security, logistics, construction, management.”

Bonnie Cohen was a non-career appointee who served as “M” from August 1997 to January 2001 under Madeleine Albright.

In the July 9, 2012 cable (12 TRIPOLI 590), Ambassador Stevens reported that, “Overall security conditions continue to be unpredictable, with large numbers of armed groups and individuals not under control of the central government, and frequent clashes in Tripoli and other major population centers.” The cable requested continued TDY security support for an additional 60 days, through mid-September 2012. The request also said that 13 security personnel would be the “minimum” needed for “transportation security and incident response capability.”

In his on-the-record briefing following the Benghazi attack, U/S Kennedy said:

I’ve been confirmed, I think, three or four times. Every time you’re confirmed, you tell the Congress that you will appear before the Congress for hearings. I regard it as both an honor and a privilege to be called. The Legislative Branch of the U.S. Government is incredibly important, and it is my job as a confirmed official to appear before them. They had a lot of questions. We answered lots of their questions. I regard that as my job.

That’s after a long grilling in Congress.

We came up with a bureaucrat’s motto — always willing and ready, and never, ever show an angry face.

What remains striking to us is that one assistant secretary, and three DASes, including one from the NEA bureau with no direct security responsibility for Benghazi was where “the rubber hits the road.”  

Inside Harry S. Truman’s building, named after the president noted for his motto, the buck stops here, it seems that the buck stopped everywhere and nowhere.

Ah — bonus email from Senator BAM of Maryland, the longest-serving woman in the history of the United States Congress via the email dump at foia.state.gov:

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