Senate Confirms Peter M. McKinley to be U.S.Ambassador to Brazil, More Noms Pending in Committee

Posted: 3:31 pm ET

The following are nominations currently waiting for their committee hearings or waiting on the executive calendar for a full Senate vote. As of today, the SFRC does not have nominations scheduled for hearings.

Pending on the Executive Calendar:

DEPARTMENT OF STATE

Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources), vice John Stern Wolf.

UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

Douglas Barry Wilson, of Delaware, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2017, vice Elizabeth F. Bagley, term expired.

OVERSEAS PRIVATE INVESTMENT CORPORATION

Nelson Reyneri, of Washington, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2018, vice Matthew Maxwell Taylor Kennedy, term expired.

Roberto R. Herencia, of Illinois, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2018. (Reappointment)

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development, vice Robert D. Hormats, resigned.

 

Pending in the Senate Foreign Relations Committee:

Ambassadors and Senior Officials:

2016-07-13 PN1624 Department of State | Joseph R. Donovan Jr., of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Indonesia.

2016-06-29 PN1588 Department of State | W. Stuart Symington, of Missouri, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Nigeria.

2016-06-16 PN1547 Department of State | Andrew Robert Young, of California, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Burkina Faso.

2016-06-16 PN1546 Department of State | Kamala Shirin Lakhdhir, of Connecticut, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Malaysia.

2016-05-19 PN1490 Department of State | Sung Y. Kim, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of the Philippines.

2016-05-19 PN1488 Department of State | Rena Bitter, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Lao People’s Democratic Republic.

2015-07-08 PN628 Department of State | Mari Carmen Aponte, of the District of Columbia, to be Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.

2015-01-08 PN48 Department of State | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-02-26 PN229 African Development Bank | Marcia Denise Occomy, of the District of Columbia, to be United States Director of the African Development Bank for a term of five years.

2015-02-26 PN228 Inter-American Development Bank | Mileydi Guilarte, of the District of Columbia, to be United States Alternate Executive Director of the Inter-American Development Bank.

Foreign Service Nominations

2016-09-06 PN1705 Foreign Service | Nominations beginning John Robert Adams, and ending David M. Zwick, which 161 nominations were received by the Senate and appeared in the Congressional Record on September 6, 2016.

2016-09-06 PN1704 Foreign Service | Nominations beginning Jorge A. Abudei, and ending Deborah Kay Jones, which 100 nominations were received by the Senate and appeared in the Congressional Record on September 6, 2016.

2016-07-13 PN1643 Foreign Service | Nominations beginning Jennisa Paredes, and ending Jamoral Twine, which 5 nominations were received by the Senate and appeared in the Congressional Record on July 13, 2016.

2016-07-13 PN1642 Foreign Service | Nominations beginning Diana Isabel Acosta, and ending Elisa Joelle Zogbi, which 192 nominations were received by the Senate and appeared in the Congressional Record on July 13, 2016.

2015-06-10 PN573-6 Foreign Service | Nominations beginning Jeffries Blunt de Graffenried, Jr., and ending Debbie Patrice Jackson, which 2 nominations were received by the Senate and appeared in the Congressional Record on June 10, 2015.

2015-02-26 PN230-3 Foreign Service | Nomination for David Elliott Horton III, which nomination was received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-01-13 PN72-8 Foreign Service | Nomination for Daniel Menco Hirsch, which nomination was received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-01-13 PN71-2 Foreign Service | Nominations beginning David J. Barth, and ending R. Douglass Arbuckle, which 2 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

 

 

 

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List of Presidential Appointee Positions at @StateDept Requiring Senate Confirmation

Posted: 12:05 am ET

 

Via CRS, August 23, 2016

The following list of State Department positions is extracted from CRS Report RL30959 which indicates that the information provided in the report was compiled from the Senate nominations database of the Legislative Information System which spans the 97th Congress (1981-1982) to the present; data on departmental and agency websites; telephone conversations with agency officials; and the United States Code. Note the two (2)) positions at State and one (1) at USAID that no longer require Senate confirmations due to the Presidential Appointment Efficiency and Streamlining Act of 2011.

Senate Committee on Foreign Relations Full-Time Positions

Department of State 109
Secretary
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs
Under Secretary—Civilian Security, Democracy, and Human Rights
Under Secretary—Management
Under Secretary—Political Affairs
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs 110
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer 111
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions112
Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs
Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific
Affairs Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs
Ambassador-at-Large—Coordinator—Counterterrorism
Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons
Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization
Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service
*Chief Financial Officer113
Inspector General 114
Legal Adviser
Chief of Protocol 115

Ambassadors

Foreign Service Officers (numerous commissions and promotions)

U.S. Mission to the United Nations

U.S. Permanent Representative and Chief of Mission—United Nations
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations
U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)

U.S. Agency for International Development 116

Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa
Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia
Assistant Administrator—Food Safety Assistant
Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance
Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General117

European Bank for Reconstruction and Development
U.S. Executive Director

International Broadcasting Bureau, Broadcasting Board of Governors
Director

International Joint Commission, United States and Canada
Commissioner—three positions

International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)

Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.)

U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)

U.S. Trade and Development Agency
Director

Organizations with Full- and Part-Time Positions 118

African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)

Asian Development Bank
U.S. Executive Director (full-time)
Governor and Alternate Governor (part-time)

International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S.
Executive Director for the International Finance Corporation and the International Development Association.)

U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.)

Governor (same individual as the International Monetary Fund Governor; five-year term of office; part-time—The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.)

Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.)

Millennium Challenge Corporation

Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)

Overseas Private Investment Corporation

President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—8 (of 15 total) positions (part-time; three-year terms of office)

Peace Corps

Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)

Part-Time Positions

Advisory Board for Cuba Broadcasting (political balance required)119
*Member—eight positions (three-year terms of office)

African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)120

African Development Fund
Governor and Alternate Governor

Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)

Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)

U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)

Presidential Appointee Positions That No Longer Required Senate Confirmation Per P.L. 112-166, the Presidential Appointment Efficiency and Streamlining Act of 2011

Assistant Secretary for Public Affairs, Department of State

Assistant Secretary for Administration, Department of State

Assistant Administrator for Management, U.S. Agency for International Development

 

Notes:

109 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position), and Select Committee on Intelligence.

110 Although not guaranteed, most recent Assistant Secretaries—African Affairs also held the advice and consent part- time position as a member of the Board of Directors of the African Development Foundation.

111 The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on ‘Privileged’ Nominations” for further explanation.

112 Nomination must be made and confirmed for both positions.

113 This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

114 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6.

115 According to the State Department, “Since 1961, the Chief of Protocol has been commissioned an Ambassador, requiring the President’s nominee to be confirmed by the Senate.” Quote from the State Department website, available at http://www.state.gov/s/cpr/c15634.htm.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

116 See also Committee on Homeland Security and Governmental Affairs (for inspector general position).

117 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

118 Because several organizations under this committee have both full- and part-time advice and consent positions, they were listed under this heading for succinctness.

* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “Standing Order on “Privileged” Nominations” for further explanation.

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New @StateDept Authorization Bill Includes 3-Year Pilot Program For Lateral Entry Into the Foreign Service

Posted: 1:07 am ET
Updated: 4:15 pm PT

 

On April 28, the Senate Foreign Relations Committee approved the bipartisan Department of State Authorization Act of 2017  (see SFRC Approves the Department of State Authorization Act of 2017 #DOSAA17). One provision of the bill is a 3-year pilot program for lateral entry into the Foreign Service. The question is how would this affect the midlevel ranks of the Foreign Service, some of whom are on their 3rd or 4th assignment and have yet to serve in their own cones or career tracks?

If this bill passes, the new lateral entry employees will be hired above FP-04.  We imagine the new hires won’t be doing entry level work on the visa lines at AIP countries and/or Mexico, Brazil, China, India, and Russia where staffing demands are high (see Foreign Service Staffing Gaps, and Oh, Diplomacy 3.0 Hiring Initiative to Conclude in FY2023). The pilot program employees will only be required to do one directed assignment according to the proposed bill, presumably one two-year tour. The bill does not provide a number on how many individuals should be included in this pilot program. We should note that while this bill cleared the SFRC, a similar authorization bill last year which also cleared the committee, did not survive the congressional obstacle course.  The State Department authorization bill for FY2016 was actually wrapped in the deal that made the Jacobson confirmation possible; it was also passed by the Senate on April 28. (Thanks A!) The FY2017 bill is currently pending in the Senate. 

SEC. 207. LATERAL ENTRY INTO THE FOREIGN SERVICE.

(a) POLICY OF THE UNITED STATES.—It is the policy of the United States to maximize the ability of the Foreign Service to draw upon the talents of the American people to most effectively promote the foreign policy interests of the United States.

(b) FINDING.—Congress finds that—

(1) the Foreign Service practice of grooming generalists for careers in the Foreign Service, starting with junior level directed assignments, is effective for most officers; and

(2) the practice described in paragraph (1) precludes the recruitment of many patriotic, highly- skilled, talented, and experienced mid-career professionals who wish to join public service and contribute to the work of the Foreign Service, but are not in a position to restart their careers as entry-level government employees.

(c) SENSE OF CONGRESS.—It is the sense of Congress that the Foreign Service should create an alternative hiring mechanism to permit mid-career entry into the Foreign Service for qualified individuals who are willing to bring their outstanding talents and experiences to the work of the Foreign Service.

(d) PILOT PROGRAM.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a 3-year pilot program for lateral entry into the Foreign Service that—

(1) targets mid-career individuals from the civil service and private sector who have skills and experience that would be extremely valuable to the Foreign Service;

(2) offers participants in the pilot program placement in the Foreign Service at a grade level higher than FS–4 if such placement is warranted by their education and qualifying experience;

(3) requires only 1 directed assignment in a position appropriate to the pilot program participant’s grade level;

(4) includes, as part of the required initial training, a class or module that specifically prepares participants in the pilot program for life in the Foreign Service, including conveying to them essential elements of the practical knowledge that is normally acquired during a Foreign Service officer’s initial assignments; and

(5) includes an annual assessment of the progress of the pilot program by a review board consisting of Department officials with appropriate expertise, including employees of the Foreign Service, in order to evaluate the pilot program’s success and direction in advancing the policy set forth in subsection (a) in light of the findings set forth in subsection (b).

(e) ANNUAL REPORTING.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the duration of the pilot program, the Secretary shall submit a report to the appropriate congressional committees that describes—

(1) the cumulative number of accepted and unaccepted applicants to the pilot program established under subsection (d);

(2) the cumulative number of pilot program participants placed into each Foreign Service cone;

(3) the grade level at which each pilot program participant entered the Foreign Service;

(4) information about the first assignment to which each pilot program participant was directed;

(5) the structure and operation of the pilot program, including—

(A) the operation of the pilot program to date; and
(B) any observations and lessons learned about the pilot program that the Secretary considers relevant.

(f) LONGITUDINAL DATA.—The Secretary shall—

(1) collect and maintain data on the career progression of each pilot program participant for the length of the participant’s Foreign Service career; and

(2) make the data described in paragraph (1) available to the appropriate congressional committees upon request.

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Photo of the Day: Wait, what did he say?

Posted: 3:59 am EDT
Updated: 2:55 pm EDT

 

Via state.gov/Flickr:

Screen Shot

Secretary Kerry Delivers Opening Statement During Budget Testimony in Washington to Senate Foreign Relations Committee | State Department Spokesperson John Kirby (far right) and Deputy Chief of Staff Tom Sullivan listen as U.S. Secretary of State John Kerry delivers his opening statement to the Senate Foreign Relations Committee on February 23, 2016, during an appearance on Capitol Hill in Washington, D.C., to discuss the Obama Administration’s 2017 federal budget request. [State Department photo/ Public Domain]

Below is a brief summary of the State Department’s FY2017 budget request from the Congressional Research Service:

 

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@StateDept Nominations Forgotten by the Time Lords of Capitol Hill

Posted: 2:17 am EDT

 

The U.S. Senate went home for the holiday and will convene on January, 4th, 2016 at 12:00 noon for a pro forma session only, with no business to be conducted. The Senate stands adjourn until 2:00 pm on Monday, January 11th, 2016.

So we’re looking at the long list of nominees stuck both at the Executive Calendar and the Senate Foreign Relations Committee at the end of 2015. Some of these nominees are regular Foreign Service officers who have been waiting for confirmation for at least 24 months without action. So we sent an email to Rori Kramer, the Deputy Assistant Secretary of State for Regional, Global and Functional Affairs at the Bureau of Legislative Affairs who “directs the policy-making and technical aspects of the Department’s relationship with Congress across the full range of regional, global, and functional interests of the Department of State.” 

We are  particularly interested in two things: 1) the regular FSO nominees whose names have been held at the SFRC for 2-3 years. These are not ambassador rank officials but regular FSOs. We’ve also notice that more and more, names are split from the main FS lists when they reach the SFRC; 2) we’re also looking at the high ranking nominees still waiting for confirmation.

Since the Senate composition will not change in 2016, we are curious what is the State Department’s plan to get these nominees through the Senate and into their posts in 2016? Are we looking at the next 12 months with very little movement on confirmations? What is the end game for regular FSOs whose names are held by the SFRC year after year with no vote in the Senate?

Ms. Kramer acknowledged our email but handed the inquiry off to some other State Department official who told us the following:

While the vast majority of our FSO ‎promotions have been approved, we are working for the promotion of all our waiting Foreign Service officers and nominees and will continue to do so until they are approved by the Senate.

Every foreign service promotion list that has been sent to the Senate has been approved. The State Department does not split the list in any way.

The lists, in fact, have been split in more than one occasion, below is the latest:

PN951-1 — 114th Congress (2015-2016) | STATE – Class of Career Minister (FE-CM); confirmed on 12/10/2015

PN951-2 — 114th Congress (2015-2016) STATE — Class of Career Minister (FE-CM); currently pending in the SFRC.

PN951 is obviously one promotion list until Ambassador Richard Olson‘s name was split from the list and held back at the SFRC. Ambassador Olson is currently the U.S. Special Representative for Afghanistan and Pakistan (SRAP). He was previously the U.S. Ambassador to Pakistan.

As to having “Every foreign service promotion list that has been sent to the Senate has been approved,” we had to email back and asked if they realize that the following have not, in fact, been approved?

2015-11-19 PN953 Foreign Service | Nominations beginning Jennifer M. Adams, and ending Sunil Sebastian Xavier, which 37 nominations were received by the Senate and appeared in the Congressional Record on November 19, 2015.

2015-11-19 PN952 Foreign Service | Nominations beginning Cheryl L. Anderson, and ending Melissa A. Williams, which 11 nominations were received by the Senate and appeared in the Congressional Record on November 19, 2015.

 

Below is a list of the pending nominations both on the Executive Calendar and the Senate Foreign Relations Committee as of December 28, 2015.  Senate rules provide that “nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President…” In practice, such nominations have sometimes been returned to the President at the end of the first session and are always returned to the President at the end of the Congress. Nominations also may be returned automatically to the President at the beginning of a recess of more than 30 days (Senate Rule XXXI), but the rule providing for this return has often been waived (Via CRS – PDF). Senate.gov makes no indication at this time that these nominations have been returned to the President.

The most common way a nomination fails to be confirmed is through lack of action: either the committee never takes up the nomination or the Senate fails to consider it, despite committee action.

Folks, if staffers in the SFRC want to see records of FSOs all the way back to kindergarten, ought the State Department not put a warning on its careers.state.gov page? If an employee threw a punch in Kinder 1 and had been cleared of all charges, he/she better have records to show for it. Because just saying one had been cleared of any allegation or charge will not be enough.  If you or the principal’s office had shredded those reports per disposition of records regulation, well boo! on you! If the Iranians were able to reconstruct shredded cables at the U.S. Embassy in Tehran, the Senate folks probably thought anyone should be able to recreate any record all the way back to the Time Lords!

There’s something inherently unfair about this that we find disturbing. If this is the new normal in the confirmation process, not just with ambassador ranked nominations but with regular Foreign Service Officers, how is this supposed to end for nominees? What is the end game for FSOs promoted by a Selection Board but whose names have been pending in the SFRC for years? Will these nominations be resubmitted to the committee periodically … but until when? How does one bid for an onward assignment if he/she had been technically promoted but not confirmed by the Senate?

And what is Secretary Kerry, formerly of the Foreign Relations Committee, doing about this?

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Pending on the Executive Calendar, 114th Congress:

PN175 Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

PN49 Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

PN87 Brian James Egan, of Maryland, to be Legal Adviser of the Department of State.

PN478 Samuel D. Heins, of Minnesota, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway.

PN45 Marisa Lago, of New York, to be a Deputy United States Trade Representative, with the rank of Ambassador.

PN477 John L. Estrada, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Trinidad and Tobago.

PN828 Barbara Lee, of California, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations.

PN829 Christopher H. Smith, of New Jersey, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations.

PN910 David McKean, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg.

PN526 Roberta S. Jacobson, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Mexican States.

PN872 Thomas A. Shannon, Jr., of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Under Secretary of State (Political Affairs).

 

Pending at the Senate Foreign Relations Committee (SFRC):

AMBASSADORS

2015-12-18 PN1041 Department of State Adam H. Sterling, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Slovak Republic.

2015-11-09 PN934 Department of State Karen Brevard Stewart, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of the Marshall Islands.

2015-11-09 PN933 Department of State Robert Annan Riley III, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federated States of Micronesia.

2015-10-21 PN915 Department of State Scot Alan Marciel, of California, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Union of Burma.

 

STATE DEPARTMENT

2015-10-08 PN909 Department of State Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources).

2015-01-08 PN48 Department of State Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

 

FS LISTS – PROMOTIONS

2015-11-19 PN953 Foreign Service Nominations beginning Jennifer M. Adams, and ending Sunil Sebastian Xavier, which 37 nominations were received by the Senate and appeared in the Congressional Record on November 19, 2015.

2015-11-19 PN952 Foreign Service Nominations beginning Cheryl L. Anderson, and ending Melissa A. Williams, which 11 nominations were received by the Senate and appeared in the Congressional Record on November 19, 2015.

2015-11-19 PN951-2 Foreign Service Nomination for Richard Gustave Olson, Jr., which nomination was received by the Senate and appeared in the Congressional Record on November 19, 2015.

2015-01-13 PN72-6 Foreign Service Nominations beginning Eric N. Rumpf, and ending Daniel Menco Hirsch, which 2 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-01-13 PN71-2 Foreign Service Nominations beginning David J. Barth, and ending R. Douglass Arbuckle, which 2 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

 

FS LISTS – APPOINTMENTS

2015-09-10 PN830 Foreign Service Nominations beginning Christopher Alexander, and ending Tipten Troidl, which 28 nominations were received by the Senate and appeared in the Congressional Record on September 10, 2015.

2015-06-10 PN573-2 Foreign Service Nominations beginning Jeffries Blunt de Graffenried, Jr., and ending Christopher Nairn Steel, which 3 nominations were received by the Senate and appeared in the Congressional Record on June 10, 2015.

2015-05-07 PN464 Foreign Service Nominations beginning Eric Del Valle, and ending Ryan Truxton, which 7 nominations were received by the Senate and appeared in the Congressional Record on May 7, 2015.

2015-02-26 PN230-2 Foreign Service Nominations beginning David Elliott Horton III, and ending Victoria L Mitchell, which 2 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

 

USAID

2015-12-07 PN1005 United States Agency for International Development Marcela Escobari, of Massachusetts, to be an Assistant Administrator of the United States Agency for International Development.

 

STATE/INTERNATIONAL ORGANIZATION

2015-11-19 PN948 Asian Development Bank Swati A. Dandekar, of Iowa, to be United States Director of the Asian Development Bank, with the rank of Ambassador.

2015-10-05 PN895 Department of State Matthew John Matthews, of Oregon, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, for the rank of Ambassador during his tenure of service as United States Senior Official for the Asia-Pacific Economic Cooperation (APEC) Forum

2015-09-16 PN844 European Bank for Reconstruction and Development Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development.

2015-09-10 PN827 United Nations Cassandra Q. Butts, of the District of Columbia, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations.

2015-08-05 PN771 International Atomic Energy Agency Laura S. H. Holgate, of Virginia, to be the Representative of the United States of America to the International Atomic Energy Agency, with the rank of Ambassador.

2015-08-05 PN770 United Nations Laura S. H. Holgate, of Virginia, to be Representative of the United States of America to the Vienna Office of the United Nations, with the rank of Ambassador.

2015-07-08 PN628 Department of State Mari Carmen Aponte, of the District of Columbia, to be Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.

2015-03-04 PN240 International Monetary Fund Mark Sobel, of Virginia, to be United States Executive Director of the International Monetary Fund for a term of two years.

2015-02-26 PN229 African Development Bank Marcia Denise Occomy, of the District of Columbia, to be United States Director of the African Development Bank for a term of five years.

2015-02-26 PN228 Inter-American Development Bank Mileydi Guilarte, of the District of Columbia, to be United States Alternate Executive Director of the Inter-American Development Bank.

 

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With about 20 days left in session, time is running short for nominees in Senate logjam

Posted: 12:02 am EDT

 

It looks like the Senate will not be back at work until November 16-20, and again, from Nov 30-December 18. That’s from a tentative schedule (pdf) but that leaves us with approximately 20 working days before the body adjourns for the year.

The following are the nominees pending on the Executive Calendar. They have cleared the SFRC and just need the full Senate vote before they can go packing:

BAHAMAS | Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas (cleared by SFRC on May 21, 2015; subject of a Senate hold on Oct. 5, 2015  by Mr. Cotton).

SWEDEN| Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden (cleared by SFRC on June 10, 2015; subject of  Senate hold on Oct. 5, 2015  by Mr. Cotton)

NORWAY | Samuel D. Heins, of Minnesota, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway (cleared by SFRC on July 29; subject of  Senate hold on Oct. 5, 2015  by Mr. Cotton).

TRINIDAD AND TOBAGO | John L. Estrada, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Trinidad and Tobago (cleared by SFRC on October 1)

STATE/L | Brian James Egan, of Maryland, to be Legal Adviser of the Department of State, vice Harold Hongju Koh, resigned (cleared by SFRC on June 25, 2015; subject of a Senate hold on Sept. 30, 2015 by  Mr. Grassley)

STATE/CSO | David Malcolm Robinson, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Conflict and Stabilization Operations), vice Frederick D. Barton, resigned (cleared by SFRC on October 1; subject of a Senate hold on Aug. 4, 2015 by Mr. Grassley)

USAID | Gayle Smith, of Ohio, to be Administrator of the United States Agency for International Development, vice Rajiv J. Shah, resigned (cleared by SFRC on July 29; potential snag to this nomination has been reported to include Sen. Marco Rubio (R-Florida) although no formal objection has been filed in the Senate.

USAID | Thomas O. Melia, of Maryland, to be an Assistant Administrator of the United States Agency for International Development, vice Paige Eve Alexander, resigned  (cleared by SFRC on July 29).

USAID/OIG | Ann Calvaresi Barr, of Maryland, to be Inspector General, United States Agency for International Development, vice Donald A. Gambatesa, resigned (cleared by SFRC on October 1, and by HSGA on October 22).

USAID | 2015-08-05 PN769 Linda I. Etim, of Wisconsin, to be an Assistant Administrator of the United States Agency for International Development (cleared by the SFRC on Nov 10).

UNGA | Barbara Lee, of California, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations (cleared by SFRC on October 1).

UNGA  | Christopher H. Smith, of New Jersey, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations (cleared by SFRC on October 1).

Cleared by the SFRC on November 10:

2015-06-02 PN526 MEXICO | Roberta S. Jacobson, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Mexican States (potential snag to this nomination from Sen. Marco Rubio (R-FL) and Sen. Robert Menendez (D-NJ) reported via Politico, though no formal objection has been filed in the Senate).

2015-07-08 PN629 LIBYA | Peter William Bodde, of Maryland, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Libya.

2015-07-08 PN633 TAJIKISTAN | Elisabeth I. Millard, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Tajikistan.

2015-07-16 PN671 OMAN | Marc Jonathan Sievers, of Maryland, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Sultanate of Oman.

2015-09-16 PN843 UGANDA | Deborah R. Malac, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uganda.

2015-09-16 PN845 SWAZILAND | Lisa J. Peterson, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Swaziland.

2015-09-16 PN846 MOZAMBIQUE | H. Dean Pittman, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Mozambique.

2015-11-09 PN933 MICRONESIA | Robert Annan Riley III, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federated States of Micronesia.

2015-09-21 PN872 STATE/P | Thomas A. Shannon, Jr., of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Under Secretary of State (Political Affairs).

2015-07-16 PN672 OPCW | Kenneth Damian Ward, of Virginia, a Career Member of the Senior Executive Service, for the rank of Ambassador during his tenure of service as United States Representative to the Organization for the Prohibition of Chemical Weapons.

2015-06-16 PN579 OPIC | John Morton, of Massachusetts, to be Executive Vice President of the Overseas Private Investment Corporation.

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Philip Arsenault has been tracking the length of time these nominees have waited pending confirmation.  At least 13 nominees have waited over a hundred days and there is no end in sight. At least four of these nominees have been renominated once before.  John Estrada, the nominee for Trinidad and Tobago has waited the longest at over 800 days. Some of these nominees, particularly the political appointees may not want to have their lives on hold while they wait for the Senate to make up its mind, and will probably decline to be renominated a second time. Most of these nominees will likely be renominated if the Senate fails to act on the nominations this year but we can’t imagine right now that 2016 will be any different. The confirmation process has grown wilder and more unpredictable. That’s true even for midlevel career diplomats, as can be seen with the multiple Foreign Service lists that continue to languished within the Senate Foreign Relations Committee.

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The following are the nominees submitted by the President to the Senate for confirmation during the current congress. They are currently undergoing committee consideration at the SFRC according to senate.gov:

AMBASSADORS

2015-11-09 PN934 MARSHALL ISLANDS | Karen Brevard Stewart, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of the Marshall Islands.

2015-10-21 PN916 BARBADOS+ | Linda Swartz Taglialatela, of New York, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Barbados, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federation of St. Kitts and Nevis, Saint Lucia, Antigua and Barbuda, the Commonwealth of Dominica, Grenada, and Saint Vincent and the Grenadines.

2015-10-21 PN915 BURMA | Scot Alan Marciel, of California, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Union of Burma.

2015-10-21 PN914 EL SALVADOR | Jean Elizabeth Manes, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of El Salvador.

2015-10-08 PN910 LUXEMBOURG | David McKean, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg.

2015-10-05 PN894 ECUADOR | Todd C. Chapman, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Ecuador.

2015-09-16 PN848 SERBIA | Kyle R. Scott, of Arizona, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Serbia.

2015-09-16 PN847 BULGARIA  | Eric Seth Rubin, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Bulgaria.

2015-07-30 PN744 PANAMA | John D. Feeley, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Panama.

2015-07-08 PN632 MALTA | G. Kathleen Hill, of Colorado, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malta.

2015-07-08 PN630 PAPUA NEW GUINEA/SOLOMON IS/VANUATU | Catherine Ebert-Gray, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Independent State of Papua New Guinea, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Solomon Islands and Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Vanuatu.

STATE DEPARTMENT

2015-10-08 PN909 STATE/ENR | Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources).

2015-01-08 PN48 STATE/OES | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-10-05 PN895 APEC | Matthew John Matthews, of Oregon, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, for the rank of Ambassador during his tenure of service as United States Senior Official for the Asia-Pacific Economic Cooperation (APEC) Forum.

2015-07-08 PN628 OAS | Mari Carmen Aponte, of the District of Columbia, to be Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.

2015-09-10 PN827 UNGA | Cassandra Q. Butts, of the District of Columbia, to be a Representative of the United States of America to the Seventieth Session of the General Assembly of the United Nations.

2015-08-05 PN771 IAEA | Laura S. H. Holgate, of Virginia, to be the Representative of the United States of America to the International Atomic Energy Agency, with the rank of Ambassador.

2015-08-05 PN770 UNVIE | Laura S. H. Holgate, of Virginia, to be Representative of the United States of America to the Vienna Office of the United Nations, with the rank of Ambassador.


OTHERS

2015-01-08 PN50 Peace Corps | Carlos J. Torres, of Virginia, to be Deputy Director of the Peace Corps.

2015-09-16 PN844 European Bank for Reconstruction and Development | Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development.

2015-03-04 PN240 International Monetary Fund | Mark Sobel, of Virginia, to be United States Executive Director of the International Monetary Fund for a term of two years.

2015-02-26 PN229 African Development Bank | Marcia Denise Occomy, of the District of Columbia, to be United States Director of the African Development Bank for a term of five years.

2015-02-26 PN228 Inter-American Development Bank | Mileydi Guilarte, of the District of Columbia, to be United States Alternate Executive Director of the Inter-American Development Bank.

FOREIGN SERVICE LISTS pending at the SFRC:

2015-11-10 PN939 Foreign Service | Nominations beginning Steven Carl Aaberg, and ending Sandra M. Zuniga Guzman, which 119 nominations were received by the Senate and appeared in the Congressional Record on November 10, 2015.

2015-09-21 PN877-2 Foreign Service | Nomination for Derell Kennedo, which nomination was received by the Senate and appeared in the Congressional Record on September 21, 2015.

2015-09-10 PN830 Foreign Service | Nominations beginning Christopher Alexander, and ending Tipten Troidl, which 28 nominations were received by the Senate and appeared in the Congressional Record on September 10, 2015.

2015-06-10 PN573-2 Foreign Service | Nominations beginning Jeffries Blunt de Graffenried, Jr., and ending Christopher Nairn Steel, which 3 nominations were received by the Senate and appeared in the Congressional Record on June 10, 2015.

2015-05-07 PN464 Foreign Service | Nominations beginning Eric Del Valle, and ending Ryan Truxton, which 7 nominations were received by the Senate and appeared in the Congressional Record on May 7, 2015.

2015-02-26 PN230-2 Foreign Service | Nominations beginning David Elliott Horton III, and ending Victoria L Mitchell, which 2 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-01-13 PN72-4 Foreign Service | Nominations beginning Eric N. Rumpf, and ending Daniel Menco Hirsch, which 3 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-01-13 PN71-2 Foreign Service | Nominations beginning David J. Barth, and ending R. Douglass Arbuckle, which 2 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

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SFRC Clears Roberta Jacobson’s Nomination as US Ambassador to Mexico, Roadblocks Remain

Posted: 1:35 am EDT


According
to the Dallas Morning News, the Senate Foreign Relations Committee voted 12-7 to advance the nomination of Roberta Jacobson to be the next U.S. ambassador to Mexico on Tuesday:

The vote was 12-7 in favor of Jacobson and drew support from Chairman Bob Corker, R-Tenn., and all but one of the panel’s Democrats. Also voting in favor were Republican Sens. Rand Paul of Kentucky, Cory Gardner or Colorado and Jeff Flake of Arizona. Sen. Bob Menendez, D-N.J. and a former chairman of the committee, voted no. So did Rep. Marco Rubio, R-Fla., a 2016 candidate for the Republican presidential nomination.

Her nomination will now go to the full Senate for a vote, but there is no guarantee if/when that vote will happen.  Senate Majority Whip Sen. John Cornyn, R-Texas told Dallas Morning News that “The most significant obstacle to her nomination is time,” he said, noting the “procedural hoops that will have to be navigated in the absence of some sort of [unanimous] agreement.”

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S.1635: DOS Operations Authorization and Embassy Security Act, Fiscal Year 2016 – Security Clearance

Posted: 6:17 pm EDT
Updated: 11:31 am PDT

Update: A source on the Hill alerted us that the State Authorization bill was offered as an amendment when the NDAA was debated in the Senate last month but it was not voted on and the NDAA passed on June 18 (That would be H.R. 1735 which passed 215 (71-25)  We understand that both chambers are now starting the process to bring the bill to conference in order to resolve differences.  The State Authorization bill, we are told, will not be part of those discussions.  In order for this to move forward, it will either need to be brought to the floor as a stand alone vote or Corker/Cardin could try again to attach it to another piece of legislation. Given that this is the first authorization bill passed by the SFRC in 5 years, and made it through the committee with bi-partisan support, we suspect that the this is not the end of this bill. We hope to write a follow-up post on the security clearance component of this legislation.
— DS

On June 9, 2015, U.S. Senators Bob Corker (R-Tenn.) and Ben Cardin (D-Md.), the chairman and ranking member of the Senate Foreign Relations Committee, applauded the unanimous committee passage of the Fiscal Year 2016 Department of State Operations Authorization and Embassy Security Act. The SFRC statement says that it has been five years since the Senate Foreign Relations Committee passed a State Department Authorization bill and 13 years since one was enacted into law.

“Our committee has a responsibility to ensure limited federal resources for the State Department are used in a cost-effective manner to advance U.S. interests,” said Corker. “This effort takes a modest but important step toward reestablishing oversight of the State Department through an annual authorization, which hasn’t been enacted into law since 2002. In addition to prioritizing security upgrades for U.S. personnel at high threat posts, the legislation lays the groundwork to streamline State Department operations and make them more effective.”

This State Department Authorization bill has been offered as an amendment to the National Defense Authorization Act, which currently is on the Senate floor. It is quite lengthy so we will chop this down in bite sizes.

Below is the part related to the suspension of security clearance. If this bill passes,  it means placing a member of the Foreign Service in a temporary status without duties and without pay once a determination to suspend clearance has been made. Diplomats with suspended clearances are typically given desk jobs or telecommuting work that require little or none of their expertise; looks like this bill changes that. The bill does not say what happens (does he/she gets back pay?) if the suspension of clearance does not result in revocation and the employee is reinstated. Or if suspended employees with no work/no pay will be allowed to take temporary jobs while waiting for the resolution of their suspended clearances.

Section 216. Security clearance suspensions

(a)Suspension

Section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended—

(1)by striking the section heading and inserting the following:

610.Separation for cause; suspension

; and

(2)by adding at the end the following:

(c)

(1)In order to promote the efficiency of the Service, the Secretary may suspend a member of the Service without pay when—

(A)the member’s security clearance is suspended; or

(B)there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.

(2)Any member of the Foreign Service for whom a suspension is proposed under this subsection shall be entitled to—

(A)written notice stating the specific reasons for the proposed suspension;

(B)a reasonable time to respond orally and in writing to the proposed suspension;

(C)representation by an attorney or other representative; and

(D)a final written decision, including the specific reasons for such decision, as soon as practicable.

(3)Any member suspended under this subsection may file a grievance in accordance with the procedures applicable to grievances under chapter 11.

(4)If a grievance is filed under paragraph (3)—

(A)the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and

(B)the Board may not exercise the authority provided under section 1106(8).

(5)In this subsection:

(A)The term reasonable time means—

(i)with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

(ii)with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.

(B)The terms suspend and suspension mean placing a member of the Foreign Service in a temporary status without duties and pay.

More here: Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016. This old article (pdf) on security clearance and knowing your rights might also be a useful to read.

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SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime

Posted: 12:45 pm EDT

 

The question is why? Why is the Senate Foreign Relations Committee (SFRC) demanding that our diplomats self-certify that they have not committed a felony within the last seven years? The form says “disclosure of this information is voluntary.” But also that “failure to provide the information requested may result in delay or exclusion of your name on a Foreign Service nomination list.”

Career members of the Foreign Service must be promoted into the Senior Foreign Service by appointment of the President, by and with the advice and consent of the Senate. This self-certification is reportedly also required for employees who are up for commissioning and tenuring at the Foreign Relations committee.

So basically in bullying our diplomats into signing this witless self-certification, the SFRC will be able to provide better advice to President Obama?

How?


All Diplomats Must Hold and Keep Top Secret Clearances

The American diplomatic profession requires the issuance of a security clearance. All Foreign Service officers must hold and keep an active Top Secret security clearance.

The personnel security background investigation begins after an individual has been given a conditional offer of employment and has completed the appropriate security questionnaire, usually a Standard Form 86, Questionnaire for National Security Positions, and other required forms.  Once the security package is received by the Office of Personnel Security and Suitability, it is reviewed for completeness. National agency record checks and scanned fingerprint checks are then conducted. A case manager will direct the background investigation to cover key events and contacts from the individual’s past and present history.   Once the investigators have completed a report, highly trained security clearance adjudicators will weigh the results against existing adjudicative guidelines for security clearances. A critical step in the background investigation is the face-to-face interview the individual will have with a DS investigator. This interview usually occurs within a few weeks of an individual submitting a complete security clearance package. Security clearances are subject to periodic reinvestigation every 5 years for TS clearance, and every 10 years for a Secret clearance.

When there is derogatory information, even based on preliminary facts from a DS criminal investigation, Federal Bureau of Investigation (FBI) counterintelligence or other law enforcement investigation, or an Inspector General investigation, the security clearance is suspended.  Personnel whose security clearances have been suspended may not be placed on temporary duty status at diplomatic facilities abroad and may not be retained in positions requiring a security clearance until the investigation is resolved.

The names of those with pending investigations are automatically removed from the promotion list.  It goes without saying …. oops, maybe it does need saying — diplomats who have pled guilty or convicted of a crime will not be able to hold a security clearance, much less have his/her name included in the promotion list.

Let’s give you an example — Michael Sestak, an FSO who pled guilty in a visa fraud-bribery case. He is currently sitting in jail. He’ll be sentenced in April.  When he comes out of prison, he will not/not have a job to return to at the State Department. Does anyone at the SFRC really think that somebody like Mr. Sestak can slip through federal employment again, get on the promotion list and somehow make it through the most deliberative body in Congress. No? So why would anyone in the Senate think that this self-certification is anything but idiotic?

 

8,042 Diplomats Targeted

On March 2012, fcw.com cited 2,102,269 as the total number of executive branch employees.  Of those, however, only 1,877,990 are full-time, permanent employees. These numbers reportedly do not include uniformed military personnel, or data on the Postal Service and excludes legislative and judicial branch employees.

Out of the 2.1 million employees, the State Department has  a total of 71,782 employees which includes 47,110 Foreign Service National (FSN) employees; 10,871 Civil Service (CS) employees and 13,801 (FS) Foreign Service employees as of December 2014 (see stats here-pdf.)

Of the total 13,801 Foreign Service employees, 8,042 are considered “Generalists” and 5,759 are “Specialists.”  The “Specialists which include DS agents, and HR, IT professionals are not subject to Senate confirmation.  The “Generalists” are the Foreign Service Officers  whose tenure and promotion are subject to confirmation by the United States Senate.

The Senate majority in the Foreign Relations Committee appears to be targeting only Foreign Service officers.  FSOs, and FSOs alone have been asked to self-certify that they have not been “convicted of or pled guilty of any crime” in the last seven years. As far as we are aware, this requirement does not extend to nominees who are political appointees.

What makes career diplomats special, pray tell?


The White House Knows About This? You Gotta be Kidding.

This self-certification form which is not available at OPM.gov and does not include an official form number says that “The information collected and maintained in this form will be used as part of the vetting process for Foreign Service Lists submitted to the White House for eventual nomination to the Senate.”

An informed source told us that this self-certification had been negotiated between a representative of AFSA, a staffer at the Senate Foreign Relations Committee, and the State Department.

No, there were no photos.

Apparently, there also was no White House representative involved, although you might missed that when reading the unclassified State Department 14 STATE 98420 cable dated Aug 12, 2014, which says in part:

The Senate Foreign Relations Committee (SFRC) now requires additional vetting before it considers nominees for confirmation in all of the above-mentioned categories. Effective immediately all employees in those categories who have been nominated on or after April 1, 2014 must file a self-certification form certifying that they have not been convicted of a crime or pled guilty in any court over the past seven years, regardless of whether the record in the case has been sealed, expunged, or otherwise stricken from the court record. HR will notify those employees who are up for commissioning, tenure and SFS promotion that they must submit the form, available at:  [Note: we redacted sbu link] and which must be submitted to HR-PasSelfCertificat@state.gov.
Please note: failure to submit the form will mean that HR will not/not forward your name to the White House for nomination to the Senate. There is no waiver of the SFRC requirement. For those individuals who are unable to make the certification, and wish to provide information relevant to any conviction or guilty plea in the last seven years, they may report the information in the space provided on the form. Further investigation may be made on the basis of any additional information provided. The Department may then be required to provide this information to the SFRC.

 

AFSA and the State Department must realized that this is a meaningless and coersive made-up document, but both rolled over and played dead.  No other nominees of any agency of the U.S. government are obliged to sign such a certificate, which is essentially, again, meaningless in the context of a profession in which an active security clearance is a prerequisite to the performance of a job.

This is spectacular and unprecedented.

Well, not unprecedented if you count Senator McCarthy’s witch hunt and lavender scare in the 1950s.


Why roll over and play dead?

The SFRC can hold up ambassadorial nominations, senior State Dept level nominations (undersecretaries/assistant secretaries), and decide who to put first on the hearings list and who to put last (see Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!).  The simple act of holding up large numbers of nominees rather than passing them through at a reasonable pace wreaks havoc on State’s budget, assignments process, and people’s lives. (see Is the U.S. Senate Gonna Wreck, Wreck, Wreck, the Upcoming Bidding Season in the Foreign Service?)  Salaries, promotions, transfers, offices, authorities are money. Ambassadors who do not go to posts on time have big time resource implications in addition to political implications. People who do not have the legal authority to do their jobs (is a consular officer’s notarial legal if he/she did not receive Senate confirmation?) operate in a legal limbo presumably implying risks of all kinds.

So —

Self_certification

click image for larger view

 

Why not ‘just do it’ like Nike? It’s already done but it’s a horrible precedent, what’s next?

This is already being done. Folks have already signed this self-certifying documents and have submitted them as a requirement to their nominations.  They don’t really have a choice, do they? But where does it end?

It doesn’t.

We’ve learned that the SFRC gets information  on names recommended for promotion from the State Department “following vetting” and also directly from the OIG, including information that reportedly goes back decades.

That’s right, going back decades.

If an FSO or any employee is charged with a crime, the employee defends himself/herself in court, and if charged with an administrative matter, the employee defends himself/herself in an HR process. That’s how it works.

One SFRC staffer is now reportedly “negotiating” to gain access to OIG investigative data under the guise of allowing the Senate panel to better advise President Obama concerning the qualifications of Foreign Service Officer candidates. But what the SFRC is now “negotiating” with State and AFSA would be access to raw OIG and Diplomatic Security reports containing derogatory information without any of an employee’s mitigating, exculpatory or defensive evidence information. You okay with that?

What is Senator Corker’s SFRC going to ask for next, your diplomatic liver?

The White House seems asleep at the wheel on this. Today, it’s the State Department, tomorrow, it could be any agency in the Federal Government.

Hey, the Senate Foreign Relations Committee is doing it, what’s the rest of the Senate going to ask for next?

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SFRC Clears 13 More State Dept Nominees — Will They Get Confirmation Before August Recess?

— Domani Spero

 

On July 29, the Senate Foreign Relations Committee cleared thirteen ambassadorial nominations making way for their full vote in the U.S. Senate before the August recess in Congress. These newly endorsed nominees will, of course, join over three dozen other State Department nominees who have been waiting for a full Senate vote for many months (see the names of nominees here: The Fault in Our Skies: Senator to Deploy Blanket Senate Hold Over DOS Nominees Cuz FAA). That’s a lot of people waiting for the Senate’s nod before the August recess.

In case you missed it, yesterday, Senator Cruz announced that he lifted his hold on State Department nominees following what his press release says was “an extensive briefing” with senior Federal Aviation Authority officials.  WaPo also noted today that Secretary Kerry suggested to Senate Minority Leader Mitch McConnell (R-Ky.) in late June that nominations of career Foreign Service ambassadors be confirmed “en bloc,” like military promotions. The report seems to think that there is little prospect of this happening given the couple of days remaining until Congress recesses.

Note that Ambassadors Tefft and Sison, nominated respectively for the Russian Federation  and the United Nations had their confirmation hearing today, but were quickly endorse by the SFRC for the full Senate vote.  The nominees cleared by the SFRC on July 29 are as follows:

 

  • GUATEMALA | Todd D. Robinson, of New Jersey, to be Ambassador of the United States of America to the Republic of Guatemala
  • MONACO | Jane D. Hartley, of New York, to be Ambassador of the United States of America to the French Republic and to serve concurrently as Ambassador of the United States of America to the Principality of Monaco
  • FRANCE |  Jane D. Hartley, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the French Republic.
  • IRELAND | Kevin F. O’Malley, of Missouri, to be Ambassador of the United States of America to Ireland
  • MOLDOVA | James D. Pettit, of Virginia, to be Ambassador of the United States of America to the Republic of Moldova
  • SLOVENIA | Brent Robert Hartley, of Oregon, to be Ambassador of the United States of America to the Republic of Slovenia
  • BANGLADESH | Marcia Stephens Bloom Bernicat, of New Jersey, to be Ambassador of the United States of America to the People’s Republic of Bangladesh
  • USUN | David Pressman, of New York, to be Alternate Representative of the United States of America for Special Political Affairs in the United Nations, with the rank of Ambassador; Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during his tenure of service as Alternate Representative of the United States of America for Special Political Affairs in the United Nations
  • KAZAKHSTAN | George Albert Krol, of New Jersey, to be Ambassador of the United States of America to the Republic of Kazakhstan
  • TURKMENISTAN | Allan P. Mustard, of Washington, to be Ambassador of the United States of America to Turkmenistan
  • RWANDA | Erica J. Barks Ruggles, of Minnesota, to be Ambassador of the United States of America to the Republic of Rwanda
  • TURKEY | John R. Bass, of New York, to be Ambassador of the United States of America to the Republic of Turkey
  • USUN | Michele Jeanne Sison, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary, and the Deputy Representative of the United States of America in the Security Council of the United Nations.
  • UNGA |  Michele Jeanne Sison, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Deputy Representative of the United States of America to the United Nations.
  • RUSSIAN FEDERATION | John Francis Tefft, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Russian Federation.

 

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