@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.

#

 

Advertisements

US Embassy Santo Domingo: Man Pleads Guilty to One Count of Bribery of a Public Official

On September 14, USDOJ announced that Luis Santos of New Jersey pleaded guilty to bribing a State Department employee.  Santos admitted to paying $2,381 to a U.S. Consular Adjudicator at the U.S. Embassy in Santo Domingo.

Bergen County, New Jersey, Man Admits Bribing State Department Employee

TRENTON, N.J. – A Bergen County, New Jersey, man today admitted giving a bribe to an employee of the U.S. Department of State, U.S. Attorney Craig Carpenito announced.

Luis Santos, 37, of Teaneck, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of bribery of a public official.

According to documents filed in the case and statements made in court:

Santos paid $2,381 to a U.S. Consular Adjudicator in Santo Domingo, Dominican Republic, to favorably handle and review non-immigrant visas, which allowed individuals from the Dominican Republic to apply for entry into the United States.

The bribery charge carries a maximum potential penalty of 15 years in prison and a fine of up to $250,000. Sentencing is scheduled for Dec. 18, 2018.

U.S. Attorney Carpenito credited special agents of the U.S Department of State Diplomatic Security Service with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Karen D. Stringer of the U.S. Attorney’s Office, Special Prosecutions Division in Newark.

Defense counsel: Thomas Ambrosio Esq., Lyndhurst, New Jersey

*

Based on court filings (PDF), a cooperating witness (“CW”) was employed by the State Department as a U.S Consular Adjudicator in Santo Domingo, Dominican Republic.

2. From on or about September 22, 2017 to on or about March 9, 2018, SANTOS contacted the CW via WhatsApp and solicited the CW to participate in a bribery and fraud scheme, whereby SANTOS would pay money to the CW in exchange for the CW favorably handling and adjudicating fraudulent NIVs.

3. Throughout in or about February 2018, SANTOS sent the CW, via WhatsApp messaging, the names and appointment confirmations for five NIV Applicants, all of whom had interviews scheduled with the U.S. Consulate in Santo Domingo in or about March 2018 ( collectively, the “March Applicants”). SANTOS offered to pay the CW $500 for each fraudulent NIV issued to one of the March Applicants.

4. On or about February 25, 2018, SANTOS and the CW met in Hoboken, New Jersey (the “Hoboken Meeting”). During that meeting, which was consensually recorded by law enforcement, SANTOS confirmed that the March Applicants would pay $1,000 each for their fraudulent NIVs, and that the money would be split three ways, with a portion going to the CW in exchange for the CW favorably reviewing and adjudicating the five NIVs.

5. Law enforcement arranged for the issuance of what appeared to be genuine visas for the March Applicants. Accordingly, when each of the March Applicants appeared for their respective interviews, they were informed that their applications had been approved.

6. On or about March 9, 2018, SANTOS caused a relative in the Dominican Republic to wire $2,380.95 ($2,500 less the transfer service processing fee) to the CW via a money transferring service in exchange for the approval of NIVs for the five March Applicants.

#

@StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case

Posted: 3:40 am ET

 

For those attending the event, here are a few items to read though this is not an exhaustive list. Help us ask these presenters questions that State/PA and State/DS have long ignored:

While we are on the subject, let us revisit a classic case of sexual harassment, where the State Department, specifically one of the presenting offices in the January 11 session had determined that “the alleged acts of sexual harassment did not occur” only to be reversed by the EEOC.

On January 4, 2012, Complainant filed Complaint 24 alleging that the Agency discriminated against her based on her national origin (Arabic/Iraqi), sex (female), religion (Christian), color, and in reprisal for prior protected EEO activity under Title VII when:

3. Her teaching contract was not renewed after August 5, 2011;

4. She was subjected to a hostile work environment characterized by, but not limited to, name calling and sharing an office.  She specifically asserted that since her conversion to Christianity, she was taunted by her Iraqi colleagues, who called her a “peasant,” a “prostitute,” a “bitch,’ and a “daughter of a dog.” She asserted further that she had been told that she had “sold her religion” and had a shoe thrown at her.  Complainant further asserted that she had been the victim of an unsolicited sexual overture by a colleague; and

5. On September 23, 2011, she was not selected for a full time teaching position.

The Agency completed its initial investigation on Complaint 1 in November 2012.  It did not complete an investigation on Complaint 2.  On Complaint 2, according to the Agency, Complainant did not submit an affidavit for the investigation.  Around that time – on March 14, 2013 – Complainant signed forms withdrawing Complaints 1 and 2.5  The Agency ceased processing Complaint 2, but went ahead and issued a FAD on Complaint 1 on May 13, 2013.

In its FAD, the Agency found no discrimination on Complaint 1.  Complainant filed an appeal.  On appeal, the Agency did not note that Complainant previously withdrew her complaint.

In EEOC Appeal No. 0120132236 (May 16, 2014), we recounted that Complainant was provided the right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge, but there was no evidence she did so.  We reversed the FAD on the ground that the investigation was inadequate.  Unaware that that Complainant withdrew Complaints 1 and 2, we ordered the Agency to do a supplemental investigation and to consolidate Complaint 2 with Complaint 1 if the Agency was still processing Complaint 2 and had not yet issued a final decision thereon.

In its request for reconsider EEOC Appeal No. 0120132236, the Agency argued that it issued its FAD on Complaint 1 in error, and that Complainant previously withdrew Complaints 1 and 2.  It submitted a copy of its letter to the EEOC compliance officer about the withdrawal of Complaint 1, and Complainant’s signed withdrawals.  We denied the request on the ground that it was untimely filed, and repeated our order in EEOC Appeal No. 0120132236.

Following a supplemental investigation on Complaint 1, the Agency issued a new FAD finding no discrimination therein.  The Agency found that Complainant was not denied the opportunity to attend training and to proctor tests, and the alleged acts of sexual harassment did not occur.  The Agency recounted that it ceased processing Complaint 2 after she withdrew it.6

The EEOC’s decision says that the “Complainant was not subjected to discrimination regarding issue 2” but it determined that “Complainant was subjected to discrimination based on her sex regarding issue 1 – sexual harassment.”

This case which was filed in 2010 was decided by the EEOC on July 7, 2016. Six years. The State Department was ordered to take the following remedial actions within 150 days after the decision became final, and was directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the agency’s calculation of back pay and other benefits due complainant, including evidence that the corrective action has been implemented.”

1. The Agency is directed to conduct training at FSI, School of Language Studies for all management and staff in the Arabic Section.  The training shall focus on how to identify and prevent sexual harassment connected with employment.14

2.  If S2 is still employed with the Agency, it shall consider taking disciplinary action against him.  The Agency shall report its decision.  If the Agency decides to take disciplinary action, it shall identify the action taken.  If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline.

3.  The Agency shall gather evidence on compensatory damages, including providing Complainant an opportunity to submit evidence of her pecuniary and non-pecuniary damages regarding being sexually harassed.  For guidance on what evidence is necessary to prove pecuniary and non-pecuniary damages, the parties are directed to EEOC Enforcement Guidance: Compensatory and Punitive Damages Available Under § 102 of the Civil Rights Act of 1991 (July 14, 1992) (available at eeoc.gov.)  Thereafter, the Agency shall calculate damages, pay Complainant any damages awarded, and issue a new FAD on damages appealable to the Commission.

The State Department was also directed to post the EEOC order:

The Agency is ordered to post at its Foreign Service Institute, School of Language Studies copies of the attached notice.  Copies of the notice, after being signed by the Agency’s duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision becomes final, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted.  The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material.  The original signed notice is to be submitted to the Compliance Officer at the address cited in the paragraph entitled “Implementation of the Commission’s Decision,” within 10 calendar days of the expiration of the posting period.

Continue reading

Dear Secretary Tillerson: What Are You Going to Do About This? #16Days

Posted: 3:40 am ET
 

 

A new mail in our inbox:

“In reference to a blog posting dated August 8th, you reported on a woman who was raped and stalked by a supervisory special agent.  This employee is still employed and he has struck again.  Why is he still employed yet still committing offenses?”

The new case includes a petition for temporary restraining order/injunction filed on November 13, 2017. It appears that the petitioner in this case did testify but the injunction hearing is scheduled for April 2018.

Back in August, we blogged about an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States:

She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

Read more: A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

We are aware of at least three different incidents allegedly perpetrated by the same individual who has law enforcement authority. One of these three identifies herself as “Victim #4”.

Per Department of State Authorities Act for Fiscal Year 2017:

1 FAM 053.2-6  Required Reporting of Allegations to the OIG (CT:ORG-411;   04-13-2017)

a. Effective December 16, 2016, section 209(c)(6) of the Foreign Service Act of 1980, as added by section 203 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 3929(c)(6)), provides:

REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.—

(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—

(i) waste, fraud, or abuse in a Department program or operation;

(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;

(iii) criminal misconduct on the part of a Department employee; and

(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.

(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation.

b. Any allegation meeting the criteria reflected in the statute should immediately be brought to the attention of the relevant head of a bureau, post, or bureau-level office. (Bureau-level offices are entities on the Department’s organizational chart as revised from time to time, see Department Organizational Chart.)

c.  The first report by any Department entity should cover the period beginning December 16, 2016 (the day the law went into effect), and ending not later than five business days before the date of that report. Thereafter, any additional reportable information is due not later than the five-business day deadline stated in the statute. 

See more: @StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days

The case of the individual in the August blogpost occurred before the Department of State Authorities Act for Fiscal Year 2017 became law. But this latest case was filed on November 13, 2017.

We’ve asked Diplomatic Security for comment but despite ample time to do so, we only hear radio silence.

NADA

We’ve inquired from State/OIG if DS officially reported this case to them, and we got the following response:

“In response to your inquiry, it is best addressed by the Department.”

What the what?! So we end up asking our dear friends at the State Department’s Public Affairs shop:

We recently received information that the same individual is now alleged to have committed similar offenses in another state. This is not the first nor the second allegation. Since DS never acknowledged nor responded to our request for comment, and State/OIG told us we should direct this question to you, we’re asking if you would care to make a comment. What is the State Department’s response to this case involving an individual, a supervisory DS agent with multiple allegations who remains a member of the agency’s law enforcement arm?

Apparently, our dear friends are still not talking to us.  As of this writing we have not received any acknowledgment or any response to our inquiry.  Should we presume from this silence that the State Department hope that we just get tired of asking about this case and go away?

Anyone care that there is potentially a serial offender here?

In 2014, a woman (identified herself as Victim #4) reported that she was raped and stalked by a supervisory agent of Diplomatic Security.

In April 2015, a case was filed for Domestic Abuse-Temp Rest Order against the same person.  The case was closed. Court record says “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.” 

On November 6, 2017, another case for “Harassment Restraining Order” was registered against the same individual and closed. The court sealed the name of the complainant. The court record says  “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

On November 13, 2017, a “Domestic Abuse-Temp Rest Order” was filed against the same individual, and this case is scheduled for an injunction hearing on April 30, 2018.

2014. 2015. 2017.

A source speaking on background explained to us that once Diplomatic Security completes the investigation, its Office of Special Investigations (OSI) sends the case report to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD).  This office is under the responsibility of the Director General of the Foreign Service, or in the absence of a Senate-confirmed appointee, under the authority of Acting DGHR William E. Todd, who reports to the Under Secretary for Management (currently vacant), who in turn reports to the Deputy Secretary of State John Sullivan.

“The most concerning cases can take years and remember, the employee is waiting from CSD to hear proposed discipline. Almost everybody appeals that initial decision. Then they appeal the next decision to the FSGB which, not infrequently, dismisses cases or reduces disciplinary action for timeliness. Each step in the process can take multiple years and DS can’t do anything other than remove law enforcement authority when appropriate.”

This one via State/OIG (ISP-I-15-04):

The Bureau of Diplomatic Security, OIG, and/or the Office of Civil Rights (S/OCR) may initially investigate misconduct involving both Foreign Service and Civil Service employees, depending on the nature of the allegation. If an investigation suggests a possible disciplinary issue, the case is forwarded to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD). Similarly, when a bureau without delegated disciplinary authority or post management determines that misconduct by an employee warrants more than admonishment, they forward documentation to HR/ER/CSD for consideration of disciplinary action. HR/ER/CSD, which has eight staff members, receives about 240 referrals per year.

“Preponderant Evidence” vs “Beyond a Reasonable Doubt” Standard via State/OIG:

HR/ER/CSD and bureaus with delegated disciplinary authority are responsible for determining whether disciplinary action is warranted and for developing disciplinary proposals.

The “preponderant evidence” standard is used rather than the higher standard of “beyond a reasonable doubt” used in criminal cases.4 The Department is additionally required to establish a nexus between the disciplinary action and the promotion of the efficiency of the service.5 For both Civil Service and Foreign Service disciplinary cases, a proposed penalty is based on the review of similar past discipline cases and the application of the Douglas Factors…”

The Office of the Legal Adviser, Employment Law (L/EMP), and DGHR’s Grievance Staff, along with the Office of Medical Services, the Bureau of Diplomatic Security, OIG, DGHR’s Office of Career Development and Assignments, and domestic bureaus or overseas posts, as necessary, cooperate in developing a factual basis for a disciplinary case. HR/ER/CSD and L/EMP clear proposed disciplinary actions from the bureaus with delegated disciplinary authority that involve suspension, termination, or reduction in pay grade for Civil Service employees.

In the 2014 State/OIG report, HR/ER/CSD staff members acknowledge that timeliness is one of their primary challenges and that the case specialists are consistently unable to meet their performance target of 30 days from receipt of a complete referral package to proposal finalization. “The OIG team’s analysis of 891 discipline cases between 2010 and May 2014, for which timeliness data could be extracted from the GADTRK database, revealed that the average time from case receipt to decision letter was 114 days.”

Our source speaking on background elaborated that the reason State/DS has an adverse action list is because it takes so long for the Department to discipline employees, Diplomatic Security “needed a tracking mechanism.” (see Bureau of Diplomatic Security’s “Naughty List” — What’s That All About?).

But. 2014. 2015. 2017.

How many is too many?

How long is too long?

#

SFRC Clears 23 @StateDept Nominations, Including 18 Ambassador Nominees and One FS List

Posted: 1::58 pm PT
Follow @Diplopundit

 

On October 26, the Senate Foreign Relations Committee cleared the following executive nominations for the State Department

AMBASSADORS

HAITI | The Honorable Michele Jeanne Sison, of Maryland, 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 Republic of Haiti.

NETHERLANDS | The Honorable Peter Hoekstra, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of the Netherlands.

INDIA | The Honorable Kenneth Ian Juster, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of India.

DJIBOUTI |  The Honorable Larry Edward Andre, Jr., 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 Djibouti.

VIETNAM| Mr. Daniel J. Kritenbrink, 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 Socialist Republic of Vietnam.

TIMOR-LESTE |  Ms. Kathleen M. Fitzpatrick, 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 Democratic Republic of Timor-Leste.

SPAIN & ANDORRA |  Mr. Richard Duke Buchan III, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Spain, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to Andorra.

GERMANY |  Mr. Richard Grenell, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany.

FRANCE & MONACO | Ms. Jamie McCourt, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the French Republic, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Monaco.

SWITZERLAND & LIECHTENSTEIN | Mr. Edward T. McMullen, Jr., of South Carolina, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Swiss Confederation, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Liechtenstein.

CAMEROON | Mr. Peter Henry Barlerin, 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 Cameroon.

MAURITANIA |  Mr. Michael James Dodman, 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 Islamic Republic of Mauritania.

ANGOLA |  Ms. Nina Maria Fite, of Pennsylvania, 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 Angola.

ZAMBIA |  Mr. Daniel L. Foote, 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 Zambia.

MAURITIUS & SEYCHELLES | Mr. David Dale Reimer, of Ohio, 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 Mauritius, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Seychelles.

NIGER | Mr. Eric P. Whitaker, of Illinois, 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 Niger.

CROATIA | Mr. W. Robert Kohorst, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Croatia.

DENMARK | Ms. Carla Sands, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Denmark.

STATE DEPARTMENT

DIPLOMATIC SECURITY |Mr. Michael T. Evanoff, of Arkansas, to be an Assistant Secretary of State (Diplomatic Security).

ECONOMIC/BUSINESS AFFAIRS | Ms. Manisha Singh, of Florida, to be an Assistant Secretary of State (Economic and Business Affairs).

LEGAL ADVISOR | Ms. Jennifer Gillian Newstead, of New York, to be Legal Advisor of the Department of State

RELIGIOUS FREEDOM | The Honorable Samuel Dale Brownback, of Kansas, to be Ambassador at Large for International Religious Freedom.

ICAO | Mr. Thomas L. Carter, of South Carolina, for the rank of Ambassador during his tenure of service as Representative of the United States of America on the Council of the International Civil Aviation Organization.

The SFRC also cleared one FSO list (PN1066 FOREIGN SERVICE nominations (61) beginning Julie P. Akey, and ending Vera N. Zdravkova, which nominations were received by the Senate and appeared in the Congressional Record of October 2, 2017).

~~ *~~

Previously, the SFRC cleared the following nominations that to-date have yet to get their full Senate votes:

Aug 03, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Jay Patrick Murray, of Virginia, to be Alternate Representative of the United States of America for Special Political Affairs in the United Nations, with the rank of Ambassador.

Jay Patrick Murray, of Virginia, to be an 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.

Sep 19, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Doug Manchester, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

Kathleen Troia McFarland, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Singapore.

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Steven T. Mnuchin, of California, to be United States Governor of the European Bank for Reconstruction and Development, United States Governor of the African Development Fund, and United States Governor of the Asian Development Bank, vice Jacob Joseph Lew, resigned.

Sep 28, 2017 Placed on the Calendar pursuant to S.Res. 116, 112th Congress.

Mary Kirtley Waters, of Virginia, to be an Assistant Secretary of State (Legislative Affairs), vice Julia Frifield.

#

US Embassy Caracas Updates Staff Policy Due to “Recent Kidnapping of Embassy Personnel”

Posted: 3:06 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On September 25, the U.S. Embassy in Caracas issued a Security Message updating its policy on embassy staff and family members’ movements in Caracas and elsewhere in Venezuela:

The U.S. Embassy in Caracas informs all U.S. citizens in Venezuela that the policy regarding the movements of U.S. citizen diplomats and their family members in Caracas and elsewhere in Venezuela has been updated.  As always, the Embassy encourages all U.S. citizens living in and traveling through Venezuela to remain vigilant at all times and to practice good personal security.

Effective immediately, Calle A (through La Alameda neighborhood, the intersection of Calle B/Calle A to the Centro Commercial Santa Fe)is ano travel zonefrom “dusk to dawn” daily for all diplomatic personnel until further notice.

Travel in groups is highly recommended.  Travel outside the Embassy’s housing area by U.S. diplomats between the hours of 9:00 p.m. and 3:00 a.m. must be conducted in armored vehicles or in groups utilizing at least two vehicles.  Group travel may be conducted with unarmored vehicles.

This decision was made due to increased concerns surrounding the recent kidnapping of Embassy personnel traveling in a diplomatic-plated vehicle on this road and other incidents.  This policy is subject to review in 30 days.

Makes one wonder if these kidnappings are now specifically targeted against embassy personnel.

Diplomatic Security’s Venezuela 2017 Crime & Safety Report issued in back in February is excerpted below:

Venezuela remains one of the deadliest countries in the world with increasing violence and criminal activity in 2016, at times reaching unprecedented levels. The government of Venezuela often attempts to refute claims of increasing crime and murder rates; however, their claims are widely rejected by independent observers. Official crime figures are not released by government officials, but unofficial statistics indicate that most categories of crime increased in 2016, despite unprecedented levels in 2015. The majority of Caracas’ crime and violence remains attributed to mobile street gangs and organized crime groups. Caracas is notorious for the brazenness of high-profile violent crimes (murder, robbery, kidnapping) committed in neighborhoods across the city, at all hours.
[…]
U.S. Embassy locally employed staff often report being victims of armed robberies and carjacking. There is no indication that American citizens or U.S. Embassy-affiliated personnel are specifically targeted for crime because of their nationality or official status.

Read the full report here.

#

Former Condi Rice Protector Michael T. Evanoff to be Assistant Secretary for Diplomatic Security

Posted: 12:18 am  ET
[twitter-follow screen_name=’Diplopundit’]

 

On August 25, President Trump announced his intent to nominate former DSS agent Michael T. Evanoff to be the Assistant Secretary of State for the Bureau of Diplomatic Security. The WH released the following brief bio:

Michael T. Evanoff of Arkansas to be an Assistant Secretary of State, Diplomatic Security.  Mr. Evanoff is the Vice President for Asset Protection & Security at International Wal-Mart Stores, Inc. in Arkansas, a position he has held since 2014.  Previously he served as Chief Security Officer at Coca-Cola in Zug, Switzerland and Athens, Greece and as Global Director of Security at Och-Ziff Capital Management Group in New York.  He served as a special agent in the Department of State Bureau of Diplomatic Security from 1985 to 2011, holding senior posts with Overseas Security Advisory Council, NATO Office of Security, Secretary of State Protection Detail, and eight U.S. Missions overseas.  He was also diplomatic security liaison officer to the U.S. European Command in Stuttgart, Germany.  Mr. Evanoff earned a B.S. at Eastern Kentucky University.  He and his wife, Kate Milner Evanoff, have a two-year old son, Luke.

If confirmed, Mr. Evanoff would succeed Greg Starr who retired a week before inauguration (see Patrick Kennedy, Other Officials Step Down – Yo! That’s Not the “Entire” Senior Management, also see Top Diplomatic Security and Consular Affairs Officials to Step Down: Bill Miller, Kurt Rice, David Donahue, John Brennan).

WaPo profiled Mr. Evanoff in 2007 (see Rice’s Protector Plans a Move to NATO).   Below from his official NATO bio prior to his move to Walmart:

Prior to serving on NATO’s senior staff, Mr. Evanoff was the principal security advisor and Special Agent-in-Charge for the 100 plus protection team for the US Secretary of State, Condoleezza Rice.

Results driven senior executive with more than 24 years with the United States Department of State, Mr. Evanoff has served in a variety of overseas and domestic assignments that have focused on worldwide major events, overseas security program management, international and US military liaisons, criminal and counter-intelligence investigations, and dignitary protection. His overseas assignments include Islamabad, Pakistan(2001-2003), where he served as Counselor for Regional Security, including responsibility for U.S.interests in Afghanistan.

Mr. Evanoff was the Executive Director of the State Department’s Overseas Security Advisory Council (OSAC), a public-private partnership created to foster cooperation and promote the exchange of vital overseas security information between the U.S. Government and the U.S.private sector. As Executive Director, Mr. Evanoff more than doubled the number of OSAC Country Councils from 49 to 103 councils worldwide.

Mr. Evanoff was the first Diplomatic Security Service officer to establish a permanent liaison office with the U.S. European Command (EUCOM/NATO) in Stuttgart, Germany(1999-2001). Prior to that, he was the Senior Regional Security Officer in Rabat, Morocco, and the Regional Security Officer at the U.S. Embassy in Copenhagen, Denmark/Reykjavik, Iceland. He also opened the new Regional Security Office at the U.S. Embassy in Zagreb, Croatia, and the new U.S. Embassy in Sarajevo, Bosnia-Herzegovina, where he worked with NATO and UN forces during the Bosnian conflict. Mr. Evanoff began his overseas career in 1990 as an Assistant Regional Security Officer at the U.S. Embassy in the Philippines.

Mr. Evanoff’s domestic assignments include Deputy Chief of the Protective Liaison Division, and Agent-in-Charge with the Office of Dignitary Protection. Mr. Evanoff also served as an instructor and team leader to DS’ Mobile Counter-Terrorism training unit. Mr. Evanoff’s first assignment was as an investigator in the Washington Field Office.

Mr. Evanoff was named the 2003 Diplomatic Security Employee of the Year for his exceptional work in Pakistanand Afghanistan. He is also the recipient of numerous Department of State awards, including four Senior Foreign Service Performance awards and three Superior Honor Awards. He was promoted into the Senior Foreign Service in 2003 and a graduate of the United States’ Senior Foreign Service Leadership Training School.

Mr. Evanoff received a Bachelor’s degree in Police Science from Eastern Kentucky University with a minor in Corporate Security. He was the recipient of an athletic scholarship and an active member of the school’s NCAA Division 1AA National Champion football team. Mr. Evanoff is a member of the International Organization of Chiefs of Police and the Federal Law Enforcement Officers Association. He is an honorary member of the International Security Management Association.

#

Bureau of Diplomatic Security’s “Naughty List” — What’s That All About?

Posted: 3:48 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On August 8, we blogged about a woman who reported that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of the bureau’s field offices in the United States. The blogpost includes the State Department recently issued guidance on sexual assaults covering personnel and facilities in the United States (See A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?).

We have since been been told that if we keep digging, we will “find much more” and that we should be looking for the “Naughty List” also known as the Adverse Action list.

When we asked what kind of numbers we’re talking about, we were informed that “the numbers are enough to say this is a systemic issue within the department.”  In the course of looking into this one case, we discovered a second case similar to the one we blogged about last week.  But the allegation was related to a different employee.

We’ve asked Diplomatic Security about the List but to-date we have not heard anything back.  We have two sources who confirmed the existence of the list.

What is the “Naught List”?

The list is formally called the Adverse Action list. We understand that this is a list of Diplomatic Security employees who are under investigation or declared “unfit for duty“.  Among the allegations we’ve got so far:

  • Investigations where agents were not disciplined but suspected of similar offenses
  • Investigations that languished on somebody’s desk for a decision
  • Agents curtail from post due to their “inappropriate behavior” and then just get reassigned somewhere else to become someone else’s problem (or nightmare if you are the victim).
  • Most agents are sent back to work with a slap on the wrist, regardless of how egregious the allegation against them were.
  • That this blog is only aware of two cases while “there are many more than that that exists.”
  • The system is highly flawed when you have coworkers/buddies investigating you.
  • That the Sexual Assault Policy is all smoke and mirrors without a mechanism to ensure the alleged perpetrator does not reoffend by discipline, removal, or treatment once its been established that the allegation has merit.

We’ve seen this movie before, haven’t we?

In October 2014, State/OIG published its Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security.  That report includes a case where the OIG found an appearance of undue influence and favoritism concerning a DS Regional Security Officer (RSO) posted overseas, who, in 2011, allegedly engaged in sexual misconduct and harassment.  DS commenced an internal investigation of those allegations in September 2011.  The report notes that at the time the investigation began, the RSO already had a long history of similar misconduct allegations dating back 10 years at seven other posts where he worked.

The report also notes that “notwithstanding the serious nature of the alleged misconduct, the Department never attempted to remove the RSO from Department work environments where the RSO could potentially harm other employees, an option available under the FAM.”  The OIG reports that in November 2013, based on evidence collected by DS and the Department’s Office of Civil Rights, the Department commenced termination of employment proceedings against the RSO. The RSO’s employment in the Department did not end until mid-2014, approximately 3 years after DS initially learned of the 2011 allegations.

Now three years after that employee’s departure, and six years after that 2011 allegations, here we are once again. Similar cases, different characters.

The questions we’ve been asked

Of which we have no answer — but we’re hoping that Diplomatic Security or the State Department would be asked by congressional overseers — are as follows:

√ Why would DS want to keep an agent or agents on that reflects so poorly on the Agency? Does DS not find this to be a liability?

√ Is Diplomatic Security (DS) prepared to deal with the aftermath if this agent continues to commit the same offenses that he has allegedly been accused of, especially if there is a track record for this agent?

√ There is an internal group that meets monthly to discuss these cases; they include representatives from at least six offices across bureaus, so what happened to these cases? Why are these actions tolerated?

√ If DS is so proactive based on its new Sexual Assault Policy, why are they not seeking a quicker timeline from investigation to discipline, to demonstrate to alleged victims that the agency does indeed take these allegations seriously?

We have to add a few questions of our own. Why do DS agents continue to investigate misconduct of other DS agents that they will likely serve with in the future, or that they may rely on for future assignments?

According to the Spring 2017 Report to Congress, the Bureau of Diplomatic Security (DS) has limited and continues to limit OIG’s permanent worldwide access to specific DS systems that OIG requires to conduct its oversight activities. Why? (see @StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days).

What are we going to see when we (or other reporters) FOIA this “Naughty List”?

#

Top Diplomatic Security and Consular Affairs Officials to Step Down: Bill Miller, Kurt Rice, David Donahue, John Brennan

Posted: 3:25 am ET
Updated: 2:33 pm PT
Updated: July 25, 3:03 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

Sources informed us that Acting Assistant Secretary for Diplomatic Security Bill A. Miller announced his intention to step down from his post late last week. A/S Miller will reportedly retire next month.  Until his appointment as Acting A/S for Diplomatic Security in January 20, he was the bureau’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) from April 14, 2014.  Previous to that, he was the Deputy Assistant Secretary of State for High Threat Posts.

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service. His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.

Prior to entering duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer. Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq. In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

To-date, President Trump has not put forward a nominee to succeed Gregory Starr as Assistant Secretary of State for Diplomatic Security.  Mr. Starr retired a week before inauguration day, and Mr. Miller has been in an acting capacity since January 20. Without a newly appointed successor, we were informed that the next senior official, Christian J. Schurman, will be the Acting Assistant Secretary for Diplomatic Security.  Mr. Schurman is currently the Acting Principal Deputy Assistant Secretary for Diplomatic Security/Director of Diplomatic Security Service (DSS) and responsible for the Bureau of Diplomatic Security’s international and domestic operations and training programs. Beyond his name and title, State/DS does not have an extensive biography for Mr. Schurman.  We don’t know yet who among the seven top bureau officials would be acting PDAS during this time.

Kurt R. Rice, the Deputy Assistant Secretary and Assistant Director for Threat Investigations and Analysis (DS/TIA) will not be one of those officials.  Mr. Rice is also retiring.  Mr. Rice who was appointed to his position in May 2016 was in charge of all threat management programs within Diplomatic Security that analyze, assess, investigate, and disseminate information on threats directed against U.S. facilities and personnel overseas and domestically.

He was also responsible for the Overseas Security Advisory Council (OSAC), a public-private partnership that promotes the sharing of security information between the U.S. Department of State and American private sector organizations with operations and personnel abroad. We rely on OSAC for security guidance when there are breaking news overseas.  His office also provides oversight for the Reward for Justice program, the U.S. Government’s premier public anti-terrorism rewards program.

Mr. Rice joined Diplomatic Security in May 1987 and is a career member of the Senior Foreign Service. As DAS/TIA, he was the senior Diplomatic Security Service (DSS) advisor regarding intelligence and counterterrorism matters. He is also the DSS organizational representative to the U.S. Intelligence and Counterterrorism communities. He previously served as Regional Security Officer for the Russian Federation, and Special Agent in Charge (SAC) of all DS activities in the embassy and three subordinate consulates. He is a recipient of several State Department Meritorious and Superior Honor Awards, as well as interagency Intelligence Community awards.

There are five office directors under TIA, so anyone of those directors could potentially be appointed as Acting DAS for Threat Investigations and Analysis (DS/TIA) until a nominee is officially announced. Given that there is no nominee for the assistant secretary position, it is possible that the principal deputy assistant secretary (PDAS) position and deputy assistant secretaries (DASes) could get filled before the top bureau appointment is officially identified, nominated and confirmed by the U.S. Senate.

At the Consular Affairs Bureau, the Acting Assistant Secretary of Consular Affairs David Donahue is also set to step down the end of this week.  We understand that AA/S Donahue’s retirement has been long planned but he will still be missed. The Acting Principal Deputy Assistant Secretary of State for Consular Affairs is Ed Ramotowski, who was previously the DAS for Visa Services. Our assumption is that Mr. Ramotowski will now step up as Acting Assistant Secretary for Consular Affairs pending the confirmation of Mr. Risch to the Consular Bureau. The CA bureau has three four DASes: Overseas Citizens Services DAS Karen L. Christensen, Passport Services DAS Brenda Sprague, Acting DAS for Visa Services Karin King, and DAS for Resources, John Brennan. We understand that the  Deputy Assistant Secretary for Resources (DAS/R) position was created in 2015 to coordinate CA/EX, the Comptroller, the IT systems people, and the 1CA management initiative. Mr. Brennan is also retiring. One of them will most probably step us as PDAS, so one more office in CA will have a new acting name on its door.  So one of the three remaining DASes (Brennan excepted) will probably become the PDAS, and two more offices in CA will have a new acting name on its door. 

We’ve endeavored to look for Mr. Donahue’s official biography but state.gov does not appear to carry any biographies for senior officials for  the Bureau of Consular Affairs. The public facing CA website travel.state.gov also does not include biographies of its senior officials.  We were able to get hold of Mr. Donahue’s official biography since we originally put up this blogpost (thank you J!). 

David T. Donahue has been Acting Assistant Secretary in the Bureau of Consular Affairs since January 2017. He served as Principal Deputy Assistant Secretary from September 2015 after serving as Senior Advisor to the Bureau from April 2014.

Prior to this assignment he was Division Director for the Bureau of Human Resources Office of Career Development and Assignment, Senior Level Division. From 2012 to 2013 he served as Coordinator for Interagency Provincial Affairs (IPA) at the U.S. Embassy in Kabul, Afghanistan with oversight of all U.S. Civilian Provincial Reconstruction Teams throughout Afghanistan.

Mr. Donahue was Deputy Assistant Secretary of State for Visa Services in the Bureau of Consular Affairs from 2008 to 2012, where he managed visa operations for our 225 visa-issuing posts overseas and directed visa policy for the State Department. He has also served as the Director of Policy Coordination and Public Affairs for the Bureau of Consular Affairs, 2007 – 2008, and Minister Counselor for Consular Affairs in Mexico City, Mexico from 2005 – 2007.

Mr. Donahue also served tours in the Philippines, Pakistan, Singapore, and Trinidad and Tobago. Other domestic assignments include serving as Watch Officer in the State Department Operations Center, Bangladesh Desk Officer, and Consular Training instructor at the Foreign Service Institute. Mr. Donahue joined the Foreign Service in 1983 and is the recipient of numerous awards including the Presidential Meritorious Service Award.  While assigned in Islamabad, Mr. Donahue went to Afghanistan in 2001 to secure the release of two Americans held by the Taliban. Read more of that here.

#

 

Inbox: A belief that there’s no place for a female in Diplomatic Security agent ranks especially at HTPs?

Posted: 3:24 am ET
[twitter-follow screen_name=’Diplopundit’]

 

We recently posted a report out of Diplomatic Security’s BSAC training (see Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!, We received the following comment in our mailbox that we think many will find just as troubling:

“In response to the DS BSAC Sexual Harassment allegations, the  ‘militarization’ of DS post-Benghazi, such as with high threat training requirements (duplicated from U.S. military training), has made many mid and senior-level male agents believe that there is no place for a female in DS agent ranks, especially at high threat posts. These same male agents are the future DS leadership unfortunately. The vast majority of DSS male agents are professional and respectful in the workplace however the chauvinistic attitude is prevalent, and is actually coming from the attitude from the mid and senior level guys (01s to OCs) who are managers and not DS leadership.  DS leadership is responsible to stop it, and that can only be done by setting the offenders publicly accountable and placing professional agents in senior leadership positions.”

#

A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

Related posts: