Snapshot: 90-Day Rule For Former Presidential Appointees in the Foreign Service

 

3 FAM 6215  MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES

(CT:PER-594;   03-06-2007)
(State only)
(Applies to Foreign Service Employees)

a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. For purposes of this section, a reassignment includes the following:
(1) An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);
(2) Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;
(3) A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;
(4) A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or
(5) A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.
b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.
c. The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.
d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.

#

Advertisements

Foreign Service Child Abuse and Domestic Violence Statistics (2005-2013)

 

We have never seen the State Department’s data on child and domestic abuse in the Foreign Service. While looking into another matter, we came across a publicly available document titled Department of State Family Advocacy Program: Clinical and Administrative Considerations” by Stanley Piotroski, PhD. The 20-page slide appears to be from 2014 and includes 1) An Overview of the family advocacy program ; 2) Key processes of the FAC/FAT* process; 3) Provider and employee concerns about FAC;  4) Clinical considerations and 5) Application of considerations to case vignettes. It also includes the 2005-2013 Family Advocacy Committee (FAC) statistics from MED on child abuse and domestic violence in Foreign Service posts. 
The three vignettes includes 1) Child seemed to have trouble sitting back in his chair. When teacher inquired, he said, “my daddy hit me on the back.” Teacher looked at their was bruising on his back. Child reported it to administration who contacted the health unit at post; 2) While in a routine health appointment, the wife of a FSO reported that her husband had struck her on the face during an argument. She stated that he frequently takes her keys away from her, will not allow her to have any money and at times will not allow her access to her phone. Wife received her US citizenship two years ago, but was raised in Beijing until she met her husband; 3) 16 year old daughter of DOS FSO told school counselor that her father has struck her mother and has been verbally been abusive to her. She said she wanted to run away from her home due to the stress in the household. She states she witnessed her father knock her mother down and slap her.
The document explains that the State Department’s Family Advocacy Program’s purpose is “To prevent and respond effectively to suspected child abuse/neglect and domestic violence involving DOS and others under Chief of Mission (COM) authority at post. Pages 4-5 includes the statistics on child abuse and domestic violence in 2012 and 2013. The stats are not broken down by agency. Page 13 notes that “Referrals need to be made on personnel from other agencies and that the “highest number of other agency cases are from DOD.”
We would like to see the State Department voluntarily release an assessment of its Family Advocacy Program.  Has  the program prevented, and responded effectively to cases of abuse and fulfilled its purpose? We are interested in the data from 2014-present. We would like to see State publicly release the annual data on child abuse, domestic violence and sexual assaults in the Foreign Service. Abuse is difficult to deal with anywhere, but it is exceptionally difficult for diplomatic employees and families overseas where every part of their lives are dictated by government regulations, and where there is often few places to run.
Note: * FAC-Family Advocacy Committee;  FAT-Family Advocacy Team.
The document references 3 FAM 1810 Family Advocacy Program (Child Abuse, Child Neglect, and Domestic Violence) of the Foreign Affairs Manual. This part of the regs has most recently been updated on August 17,-2018.

#

Related posts:

 

 

Snapshot: @StateDept’s Redesign Timeline and USAID’s Suspended Cooperation

 

 

 

State and USAID submitted a joint reform plan to OMB in September 2017. According to USAID documents, USAID suspended its coordination with State in January 2018 because State could not articulate the objectives for the joint reform effort. GAO has ongoing work reviewing the status of USAID’s reform efforts.

#

 

Snapshot: Appropriations Funding Gaps, FY1977-FY2014

Posted: 10:15 pm PST

Via CRS:

The federal government shutdown is now on its third week, and at the 18th day, it is now the second longest since 1977. In three days, it will be as long as the Gingrich Shutdown in 1995 which lasted for 21 days. If the government is not reopened by this Friday, the Trump Shutdown will become the longest shutdown in over 40 years.  Quick call Senate Majority Leader Mitch McConnell (touting his clout in DC) or tweet to @senatemajldr felicitations and congratulations for his exceptional non-adherence to the Framers’ system of checks and balances at this bonkers moment in history.

Snapshot: Student and Exchange Visitor Visas-Issuances/Refusals (2012-2017)

Via GAO | August 2018:

There are three categories of nonimmigrant visas for prospective students and exchange visitors. U.S. Immigration and Customs Enforcement administers the Student and Exchange Visitor Program, under which schools are certified for enrollment of foreign students (i.e., F and M visa holders) pursuing academic, vocational, or other nonacademic studies. The Department of State’s Exchange Visitor Program manages the issuance of J visas to exchange visitors with programs for foreign nationals such as teachers, certain scholars, au pairs, camp counselors, and professorial programs. Foreign nationals on F, M, or J visas in the United States are monitored through U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Information System.

  • F Student in an academic or language training program and their dependents.
  • J Exchange visitor and their dependents.
  • M Vocational student or other nonacademic student and their dependents.

Top 5 nationalities (FY 2017): Chinese 19%, Indian 10%, Korean 4%,  Vietnamese 4%,  Brazilian, 3%

#

Snapshot: The Tillerson Effect on Foreign Service Family Member Employment (2017-2018)

Via State/FLO:

Rex Tillerson was confirmed and assumed charged of the State Department on February 1, 2017 as the 69th Secretary of State. He was fired on March 13, 2018 and left Foggy Bottom for the last time on March 22, 2018. Below is the comparative look of Foreign Service family member employment numbers inside overseas missions from Spring 2014 to Spring 2018. Overseas missions include over 275 diplomatic and consular posts overseas located in 191 countries.

Related posts:

@StateDept’s Aviation Program Down to Just 206 Aircraft, Also Spends $72M on Unnecessary Services

Per 2 FAM 800: INL/A serves as the Departments aviation service provider (with the exception of aircraft charters managed by A/LM/OPS for logistics support of nonrecurring and unpredictable requirements like oddly-sized shipments, evacuations and other emergency assistance to Posts) and is coordinator of all aviation related to AGB [Aviation Governing Board] approved acquisitions.  INL/A is responsible for complying with the provisions of this chapter as well as OMB Circulars A-126, A-76, A-11, and A-94 and Federal Management Regulation 10233. Additionally, as part of the Departments Management Control Plan (see 2 FAM 020), INL/A must establish cost-effective management control systems to ensure that aviation programs are managed effectively, efficiently, economically, and with integrity.

Excerpt below via State/OIG:  Audit of the Department of State’s Administration of its Aviation Program (Sept 2018).

The Department is not consistently administering its aviation program in accordance with Federal requirements or Department guidelines. Specifically, OIG found instances in which significant aviation operations were undertaken without the knowledge or approval of the AGB, which is required by Department policy. In addition, the AGB is not fulfilling its responsibilities to evaluate the usage and cost effectiveness of aircraft services, as required by Office of Management and Budget Circulars and Department guidance. Furthermore, INL administer ed country-specific aviation programs differently depending on whether a post used the worldwide aviation support services contract. As a result of limited AGB oversight and the absence of evaluations to determine the appropriate usage and cost effectiveness of the Department’s aircraft operations worldwide, the Department is not optimally managing aviation resources and spent $72 million on unnecessary services from September 2013 to August 2017.

Snapshot: The Department’s aviation program was created in 1976 to support narcotics interdiction and drug crop eradication programs. The aviation program has since grown to a fleet of 206 aircraft and aviation operations that extend from South America to Asia and include transportation services for chief of mission personnel. In 2016, the Government Accountability Office (GAO) reported that the Department owned more aircraft than any other non-military agency and was one of three agencies with the most “non-operational” aircraft. At the time of GAO’s analysis, the Department had 248 aircraft; the Department has since decreased that number to 206. As shown in Figure 1, as of January 2018, the aircraft inventory included airplanes (fixed-wing), helicopters (rotary-wing), and unmanned aircraft.

As of January 2018, the Department had aviation operating bases overseas in five countries —Colombia, Peru, Panama, Afghanistan, and Iraq —and a support base at Patrick Air Force Base located in Melbourne, FL. The Department closed aviation programs in Cyprus and Pakistan during 2017. The Department plans to re-open an operating base in Guatemala. In addition, the Department has two dedicated chartered aircraft located in Cartersville,GA, and Nairobi, Kenya.

The Department’s Aviation Governing Board (AGB) is responsible for providing oversight of aviation activities, including approving policies, budgets, and strategic plans. The AGB was established in 2011. It is chaired by the Assistant Secretary of the Bureau of International Narcotics and Law Enforcement Affairs (INL) and has three other voting members—the Assistant Secretaries (or designees) from the Bureaus of Diplomatic Security, South and Central Asian Affairs, and Near Eastern Affairs.

INL/A consists of approximately 60 Civil Service personnel and 13 personal services contractors. To carry out the Department’s aircraft operations, maintenance, and logistics for the country-specific aviation programs, INL/A administers and oversees a worldwide aviation support services contract that provides a contract workforce of more than 1,500 personnel. According to an INL/A official, starting November 1, 2017, DynCorp International began its fifth extension of a $4.9 billion worldwide aviation services contract.

#

 

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.

#

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.

#