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— Todd Robinson (@Digby06) January 5, 2021
— Todd Robinson (@Digby06) May 14, 2020
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 102–33. 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.
Posted: 2:58 pm PT
In October 2017, President Trump announced his intent to nominate former FSO Stephen Akard to be the Director General of the Foreign Service (see Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment). After fierce opposition, the White House officially withdrew the nomination of Mr. Akard on March 20, 2018 (see DGHR Nominee Stephen Akard Now Nominated as Director of the Office of Foreign Missions).
On July 31, contrary to the widely circulated rumors about the next DGHR nomination, the WH announced the president’s intent to nominate career diplomat Carol Z. Perez of Virginia, to be the next Director General of the Foreign Service . The WH released the following brief bio:
Ambassador Perez, a career member of the Senior Foreign Service, has served as the Ambassador to the Republic of Chile since 2016. Previously, she was the Principal Deputy Assistant Secretary in the Bureau of Human Resources and was Principal Deputy Assistant Secretary in the Bureau of International Narcotics and Law Enforcement Affairs, both at the Department of State. Over the course of her three decades of service in the Department of State, Ambassador Perez has also served as Principal Officer and Consul General at U.S. Consulate General Milan, Italy, Executive Director and Deputy Executive Secretary of the Department of State, and Principal Officer and Consul General at U.S. Consulate General Barcelona, Spain. She earned her B.A. from Hiram College and M.A. from George Washington University. Ambassador Perez is the recipient of a Presidential Rank Award and multiple senior State Department Awards, including the Distinguished Service Award and Distinguished Honor Award.
Click here (PDF) for her most recent testimony at the Senate Foreign Relations Committee during her confirmation hearing as U.S. Ambassador to Chile in 2016.
CONGRATS! Garfield Heights native Carol Z. Perez also known as Carol Zelis to be sworn in as US Ambassador to Chile https://t.co/AvXN7WYaJ6
— Global Cleveland (@GlobalCleveland) October 7, 2016
The Director General of the U.S. Foreign Service is equivalent in rank to an Assistant Secretary of State. He/She is responsible for all personnel matters affecting the Foreign Service and the Civil Service at the State Department, including appointments, promotions, worldwide assignments, disciplinary actions, etc. Click here for the previous appointees to this position.
In May 2017, State/OIG released A Special Joint Review of Post-Incident Responses by the Department of State and Drug Enforcement Administration to Three Deadly Force Incidents in Honduras (PDF).
Stick with us here. This joint report relates to three drug interdiction missions in Honduras on May 11, June 23, and July 3, 2012, under a program known as Operation Anvil which resulted in four people killed (including two pregnant women) and four others injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire. No evidence of narcotics was ever found on the passenger boat. In a second incident, a suspect was killed in a firefight that did not actually happen, and in a third incident that involved a plane crash, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.
At the time of these incidents, Ambassador Carol Perez was the Principal Deputy Assistant Secretary (PDAS) at the Bureau of International Narcotics and Law Enforcement Affairs (INL), the second highest ranking official in the bureau.
One of the report’s findings has to do with INL failure to comply with Chief of Mission Authority which undermined the U.S. Ambassador’s exercise of her authority at post. The U.S. Ambassador to Honduras at that time was Lisa Kubiske. Excerpt from the report (see p.323-324 for more):
As a bureau within the Department of State, INL should understand the importance of Chief of Mission authority. However, INL senior officials repeatedly undermined Ambassador Kubiske’s authority and failed to cooperate with the investigations she authorized.
Within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents, INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.
In addition, INL failed to comply with Chief of Mission authority by refusing to assist DS in its attempt to interview the helicopter crews. As noted in Chapter Ten, the SID agent requested to speak with the pilots and gunners, but INL denied this request. The request was forwarded up to the highest levels of INL, and AS Brownfield instructed his staff not to cooperate. Although he recognized that the request fell under the Chief of Mission authority, he instructed that INL was not to produce the crew for DS to interview. Senior DS and INL officials also discussed the request at a September 2012 meeting, but AS Brownfield remained opposed to providing DS access to the crews. In fact, INL was not even focused on the circumstances of the helicopter opening fire on the passenger boat, because they believed the helicopter fire was suppressive only and not intended as a use of deadly force.
The failure of DEA and INL to provide any cooperation with the investigation requested by the Ambassador resulted in the inability of the SID Agent to complete his investigations and develop conclusive findings regarding the three shooting incidents. DEA’s refusal to follow the Ambassador’s written request for information,supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents. Ambassador Kubiske and other State officials had grave concerns over the methodology and findings of the various Honduran investigations, so she requested the DS investigation to better understand what could quickly become a diplomatic problem. However, her intentions were never realized because of the failure of DEA and INL to abide by Chief of Mission authority.
Tsk! Tsk! Another part of the report notes that INL sided with DEA in jurisdictional dispute, and also specifically names Ambassador Perez:
On June 28, 2012, INL Principal Deputy Assistant Secretary (PDAS) Carol Perez sent an e-mail communication to INL Assistant Secretary (AS) William Brownfield stating that DEA had “squawked” to INL about the DS investigation in Honduras and that she thought the “DS Office of Special Investigations got out a bit too far on this.”
On the same day, PDAS Perez sent another e-mail communication stating that she had been provided good informationto “buttress our arguments that DS has no role in this except at post at the direction of the COM.”
An e-mail communication the same day from another INL official to the INL Director at the U.S. Embassy stated that DS had launched an investigation of the June 23 shooting but that “INL/FO called DS to turn the investigation off.”
On June 29, after Wallace provided Heinemann with DEA’s position at that time on the DS investigation, noting that “INL shares some of our concerns and that INL is in contact with DS senior management” on the issue, Heinemann contacted a DS attorney requesting information on “what has been happening between INL and DS.” In response, the DS attorney told Heinemann:
I learned that Carol Perez in INL contacted DS Director Bultrowicz about this and said that INL’s position is that DS doesn’t have the authority to conduct an investigation of this DEA shooting.
[…] When we asked AS Brownfield and PDAS Perez about these discussions in late June 2012, they told us that INL had not attempted to stop the DS investigation. They did, however, acknowledge raising some concerns about the authority of DS to investigate and their belief that the investigation should be handled by the Embassy rather than DS Headquarters in Washington, and stated that they were simply trying to resolve the dispute without it becoming a problem for INL.
Several DS officials told us that it was obvious to them that INL was hostile to the DS investigations and voiced frustration that it was much harder to convince DEA to come to an agreement with DS when DS lacked support from other State bureaus on this matter.
The report also has something to say about then INL A/S Bill Brownfield but he is now retired, and he is not currently under consideration to be top personnel chief of the Foreign Service (see our old post So who told Congress the real story about the deadly force incidents in Honduras in 2012? #OperationAnvil
Ambassador Perez is a career member of the Senior Foreign Service. If confirmed, she would be one of the few top ranking female career employees at the State Department, but we believe there are appropriate questions to ask related to her role in the aftermath of the Operation Anvil given the leadership role she will take on as head of a global workforce of over 75,000 employees.
For starters – what are the exceptions for ignoring/undermining Chief of Mission Authority? Click the link to read more about Chief of Mission Authority. Also what’s the deal with throwing Diplomatic Security under the bus and taking DEA’s side in a jurisdictional dispute overseas? Those were DEA deadly force incidents and these top INL officials somehow thought that DEA should investigate itself instead of Diplomatic Security? Why would INL offer DEA to push the DS investigation“back into the box”? It was DS not/not DEA, by the way, “who found no evidence indicative of gunfire from the passenger boat.” We look forward to the senators asking relevant questions during the DGHR nominee’s confirmation hearing.
We should also note that between 2003-2007, Ambassador Perez served as Executive Director at the Executive Secretariat of the State Department; this would have been during the Powell-Rice tenures in Foggy Bottom. State OIG’s ISP-I-07-38 inspection of the office includes the following:
The Executive Director, who has been in the job since 2003, is recognized by her customer offices as a highly professional, competent, and dedicated manager. She has as her twin priorities the overall direction of the office, dealing with the major management issues that arise, and personally assuring that the Secretary gets the pri- ority attention needed to support her mission. […] Having served previously in S/ES-EX, the Executive Director brings a wealth of background and sound judgment in dealing with varied and sensitive management issues ranging from office space, personnel, and travel demands down to who gets parking passes. Those issues involve a senior level clientele who, by definition, have a high personal sensitivity to anything viewed as impinging on their status. She and her deputy also have to deal with the major resource issues and battle with the Department management offices on the ever increasing space demands emanating from F, S/CT, and the smaller new offices set up under the aegis of S.
Beyond those demands, the Executive Director takes personal responsibility for dealing with support issues involving the Secretary, most visibly the Secretary’s travel. She is responsible for managing the military airlift logistical requirements for the Sec- retary’s foreign travel and accompanies the Secretary on all international trips. That absorbs up to 50 percent of her work time. The Secretary’s staff has only praise for the Executive Director’s performance and her ability to manage logistical crises, large and small, during these trips. They also give her high marks for overall management support of the Secretary’s office.
— Justice OIG (@JusticeOIG) May 24, 2017
Posted: 2:42 am ET
Update: 12:03 pm PT
According to a recent fedbiz announcement, the Office of Resource Management at the Bureau of International Narcotics, and Law Enforcement Affairs (INL/RM) is seeking a Personal Services Contractor who will be the bureau’s “Foreign Service Assignments Officer.” The contract is for one year with four option years.
So State is going to use contractors for assignments officers now?
We can’t recall Foreign Service Assignments Officer as contractors before. Is it far fetched to think of this as a glimpse of the future in Foggy Bottom? CRS report from 2014 notes that OMB Circular A-76 distinguishes between the exercise of discretion per se, which it says does not make a function inherently governmental, and the exercise of “substantial discretion,” which it says makes a function inherently governmental.
And if the Foreign Service Assignments Officer position is deemed a commercial activity, that is, an activity not so intimately related to the public interest as to mandate performance by government personnel” (see CRS link to inherently government function below) how long before all bureau assignments officer are converted to PSC positions with one year contracts and four year options?
Update: We just got a note telling us that the INL Foreign Service Assignments officer has been a PSC since at least 2010. And that this position “serves in an advisory capacity, ensuring that INL’s program offices and front office understand HR rules and processes,and assists with how the offices conduct the FS assignments process within INL.” This position reportedly “makes no decisions, sets no policy, very non-governmental.” Also that most bureaus do not have the PSC hiring authority, “so it’s quite unlikely that the function in other bureaus will be moving to contractors any time soon.”
About INL: The Bureau has overall responsibility for the development, supervision, and implementation of international narcotics control assistance activities and for international criminal justice issues for the Department of State. The Foreign Service Assignments Officer (FSAO) will perform duties related to both domestic and foreign assignments, and will supplement existing staff during times of heavy workload, when staff shortages occur, or when expertise is required for specific projects.
About FSAO: The FSAO receives administrative direction from the Administrative Officer, but acts with a high degree of independence in planning, scheduling, and completing work, within the framework of delegated authority. Many assignments are self-initiated based on the FSAO’s assessment of post requirements and the means to meet them. As the primary liaison with post personnel, regional bureau staff, and office of Career Development and Assignments (HR/CDA) in the Bureau of Human Resources (HR), the FSAO has broad latitude in coordinating work efforts, and plays a key role in ensuring that posts operate effectively and in compliance with relevant regulations.
The FSAO uses a high degree of expertise and independent judgment in developing, consulting, coordinating, and executing programs to achieve compliance with legal and regulatory requirements and organizational goals and objectives, and resolves all but the most complex and sensitive issues. Recommendations and decisions are assumed to be technically accurate, and work is reviewed in terms of the overall effectiveness of the efforts by management within INL/RM as well as by program office staff, post officials, and others who rely on the FSAO’s advice and support.
The announcement says that the purposes of the work “are to collaborate with management in the Department in providing prompt and effective administrative support of the assignment of FS personnel domestically and at INL positions at posts; support INL missions at posts in engaging their administrative and personnel resources as effectively as possible; liaise with relevant Bureaus and USG agencies to ensure that INL’s best interests are protected; and ensure that administrative and substantive policies are mutually compatible.”
Duties and Responsibilities:
Posted: 4:35 am ET
On September 2, President Trump announced his intent to nominate career diplomat Daniel Foote to be the next U.S. Ambassador to Zambia. The WH released the following brief bio:
Daniel Lewis Foote of New York to be Ambassador Extraordinary & Plenipotentiary of the United States of America to the Republic of Zambia. Mr. Foote, a career member of the Senior Foreign Service, class of Minister-Counselor, has served as an American diplomat since 1998. He is currently a Deputy Assistant Secretary in the Bureau of International Narcotics and Law Enforcement Affairs at the Department of State. A two-time Deputy Chief of Mission overseas, Mr. Foote has held diverse senior foreign policy positions at home and abroad and is known for his leadership acumen, judgment, and management of several of the United States Government’s largest overseas programs in some of the world’s most challenging, high-threat environments. Mr. Foote earned a B.A. from Columbia University. He speaks Spanish.he
The State Department has the following official bio with more details:
Posted: 4:16 am ET
Last week, FP reported that Tracey Ann Jacobson, 52, a career foreign service officer who served as Acting Assistant Secretary of the Bureau for International Organization Affairs (IO), announced her plans to take early retirement to her staff. The current Assistant Secretary of State of International Narcotics and Law Enforcement Affairs William R. Brownfield who was appointed to post in January 10, 2011, reportedly also told his bureau that he would step down by the end of September. Just a few weeks ago, Ambassador Brownfirled was still rumored as in the running for the WHA post. The two departures in addition to the Acting Assistant Secretary of the European Affairs Ambassador John Heffern who also stepped down from post before the confirmation of the EUR nominee.
With the exception of EUR, no nominees have been announced for IO or INL, which means, the musical chairs will continue in Foggy Bottom. In the case of Ambassador Heffern, he is stepping down prior to the confirmation of the EUR nominee Wess Mitchell (2017-07-25 PN816 Department of State | A. Wess Mitchell, of Virginia, to be an Assistant Secretary of State (European and Eurasian Affairs)). Presumably, the nominee will be confirmed but we won’t really know until it happens or when. As of this writing, Mr. Mitchell’s nomination is pending in the SFRC and no hearing schedule has been announced. This has now become a trend in Foggy Bottom — acting assistant secretaries replaced with other acting assistant secretaries absent the nomination of actual nominees. Which doesn’t make sense, folks adjusting to these new bosses who will be gone when later new bosses will be appointed to take their places.
It could always get worse, of course. Maybe you’ll show up for work on Monday reporting to a two-eyed new boss, and by Friday, you get a three-eyed new boss.
We don’t know who will be in acting capacities for IO and INL but we were informed that Ambassador Elisabeth I. Millard, a career diplomat who was sworn in as the United States Ambassador to Tajikistan on December 14, 2015 is coming in a Principal Deputy Assistant Secretary of State (PDAS) and presumably will be acting EUR pending the Mitchell confirmation. Under normal times, she would be on a typical 3-year tour so she would not be expected to rotate out of Tajikistan until next year. But these are abnormal times. Abnormal times in more ways than one. Would anyone actually be surprised if it turns out that a top official is pushed out in all likelihood because of a tweet?
Posted: 4:32 am ET
The joint report by State/OIG and DOJ/OIG concerns three deadly force incidents in Honduras that occurred in 2012. Four people were killed (including two pregnant women) and four others were injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire. No evidence of narcotics was ever found on the passenger boat. In a second incident, a suspect was killed in a firefight that did not actually happen, and in a third incident that involved a plane crash, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.
The 424-page report provides in great detail what happened during the three incidents and the response/actions made by DEA, State/INL, State/WHA, the US Embassy in Honduras, and the stories officials gave to the Congress and the public about the incidents.
The report says that “DEA officials also did not disclose the existence or results of the video enhancement and analysis by the DS video analyst who found no evidence indicative of gunfire from the passenger boat. Moreover, DEA continued to inaccurately and incompletely characterize its role in Operation Anvil as being supportive and advisory only.”
State Department briefers also “never informed Congress of the DS investigations, despite numerous questions from the Senate Appropriations staff regarding whether State planned to investigate the shooting incidents.”
State Department officials never informed Congress of the DS investigation, including the video analysis, which could have contradicted prior DEA assertions.
The US Embassy in Honduras had received a report from the TRT officer dated July 3, 2012 which stated that the pilot “died instantly.” But after the July 3 shooting, WHA and INL officials developed press guidance that did acknowledge that DEA agents “were involved with the shooting,” but stated that “both suspects were given first aid and transported via helicopter to a secure location.” This guidance was repeated verbatim by State’s spokesperson during the daily press briefing on July 9, 2012.
Chief of Mission Authority Undermined
It is notable that then U.S. Ambassador to Honduras Lisa Kubiske authorized State’s Diplomatic Security (DS) to investigate the three incidents “after she became frustrated by her inability to obtain information from DEA.” The report says that DEA refused to share information with DS or provide access to relevant personnel. DEA operates at the US Embassy in Honduras under Chief of Mission authority and it refused to provide the ambassador the information she required.
The situation was “exacerbated by senior INL officials who told DS that DS had no authority to investigate the incidents and refused to provide the helicopter crews for DS to interview.”
That’s the Bureau of International Narcotics and Law Enforcement Affairs.
A subheading in the report says:
INL Failed to Comply with Chief of Mission Authority and Undermined the Ambassador’s Exercise of Her Authority
The report states that within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents this happened:
INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.
AS Brownfield also raised internal and external objections to DS involvement. Immediately following the Ambassador’s request for DS involvement, he e-mailed Deputy Administrator Harrigan and offered to push the investigation “back into the box.” Likewise, in the September 2012 meeting between DS, INL, and WHA, AS Brownfield minimized the failure of DEA to cooperate and ascribed partial blame to DS.
State/OIG notes the following:
DEA’s refusal to follow the Ambassador’s written request for information, supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents.
Excerpt via State/OIG and DOJ/OIG:
Operation Anvil began in April 2012 as a 90-day pilot program designed to disrupt drug transportation flights from South America to Honduras. Members of DEA’s Foreign-deployed Advisory and Support Team (FAST) and officers from a vetted unit of Honduran National Police known as the Tactical Response Team (TRT) comprised the ground team on the interdiction missions. The stated role of the FAST team members was to train and advise the TRT officers and assist them on these missions. State Department-owned helicopters provided transport and armed air support on the missions. The Honduran Air Force provided door gunners and, on certain missions, U.S. Customs and Border Protection (CBP) aircraft provided detection and surveillance capabilities. In addition, State’s Bureau of International Narcotics and Law Enforcement Affairs (INL) provided operational support from the command center in Honduras.
May 11 incident:
DEA conducted internal shooting reviews regarding all three incidents. DEA initially decided not to review the May 11 incident because early reporting was that no DEA agent fired a weapon and because the Hondurans who fired were foreign law enforcement officers (LEOs). DEA changed its mind after a local Honduran police report asserted four people were killed (including two pregnant women) and four others were injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire…..No evidence of narcotics was ever found on the passenger boat.
June 23 incident:
Following this interdiction, DEA officials reported that during a search for suspected drug traffickers, FAST and TRT officers encountered an armed suspect who failed to drop his weapon after being ordered to comply and was shot and killed by a FAST agent. Similarly, State officials reported that a FAST agent shot and killed an armed suspect after the suspect attempted to draw a gun. However, the TRT report did not mention FAST’s use of deadly force and instead stated that multiple suspects fired at the TRT, and the TRT returned fire for a few minutes. According to FAST, this reported firefight did not happen.
July 3 incident:
TRT submitted two reports describing the July 3 events. The first made no mention of FAST’s use of deadly force and stated that the second pilot died from injuries sustained as a result of the plane crash. The second stated this pilot had aimed and fired a handgun at the officers, and the officers responded with deadly force. Both reports made reference to a 9mm handgun found at the scene, but FAST personnel told the OIGs they never saw a handgun at the scene. DEA officials told us they were advised that following the incident, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.
U.S. Ambassador to Honduras Lisa Kubiske authorized State’s Diplomatic Security (DS) to investigate the three incidents after she became frustrated by her inability to obtain information from DEA and concerned the Honduran investigation would not satisfy those interested in the May 11 incident. DEA refused to share information with DS or provide access to relevant personnel. DS continued its own investigations, and issued reports on all three incidents stating it was unable to make definitive or conclusive findings because of DEA’s refusal to provide access to evidence and what it described as shortcomings in the Honduran investigations.
State OIG concluded that DEA failed to comply with the Chief of Mission authority granted to Ambassador Kubiske. Longstanding executive orders direct executive branch employees in a host country to comply with the direction of the Ambassador, who is the President’s personal representative to the host nation government. However, DEA repeatedly refused to comply with the Ambassador’s instructions to provide her and DS with information regarding the three incidents. This conflict was exacerbated by senior INL officials who told DS that DS had no authority to investigate the incidents and refused to provide the helicopter crews for DS to interview.
State OIG also found that State officials made inaccurate and incomplete statements to Congress and the public regarding Operation Anvil, including representations that it was a Honduran-led operation, which these officials knew to be inconsistent with how the operation actually proceeded. In addition, State officials never informed Congress of the DS investigation, despite numerous questions about whether the United States would conduct an investigation of the deadly force incidents.
INL Failed to Comply with Chief of Mission Authority and Undermined the Ambassador’s Exercise of Her Authority
Statements to Congress
State briefers also never informed Congress of the DS investigations, despite numerous questions from the Senate Appropriations staff regarding whether State planned to investigate the shooting incidents. According to Wells, he was reluctant to inform the staff of the DS investigation and did not offer DS officials to brief the staff because Congress may have come to realize the conflict between DS and DEA. Therefore, Congress was never informed of the investigative work performed by DS, including the video analysis, which seemed to challenge DEA’s previous statements to Congress that the passenger boat had fired upon the pipante.
Statements to the Public
Posted: 2:42 am ET
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United States Files Suit against DynCorp International Alleging Submission of False Claims under State Department Contract
The United States filed a False Claims Act complaint against DynCorp International Inc. (DynCorp) alleging that it knowingly submitted inflated claims in connection with a State Department contract to train Iraqi police forces (CIVPOL contract), the Department of Justice announced today. The United States filed the complaint in the U.S. District Court for the District of Columbia. DynCorp, which is headquartered in McLean, Virginia, is a wholly-owned subsidiary of Delta Tucker Holdings Inc.
In April 2004, the State Department’s Bureau for International Narcotics and Law Enforcement Affairs awarded the CIVPOL contract to DynCorp to provide training for civilian police forces in Iraq and other services needed to support that effort, such as trainers, guards, translators, vehicles and living quarters for contractor personnel. In its complaint, the United States alleges that DynCorp knowingly allowed one of its main CIVPOL subcontractors to charge excessive and unsubstantiated rates for hotel lodging, translator, security guard and driving services and overhead expenses, and included these charges in the claims it submitted under the CIVPOL contract to the State Department. The complaint also alleges that DynCorp added its own markup to its subcontractor’s excessive charges, thereby further inflating the claims it submitted to the government.
“Companies that contract with the United States have an obligation to deal fairly and openly with the government,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Attempting to take advantage of the American taxpayers in times of war is a shameful abuse of this responsibility.”
“The United States relies on its contractors to be forthcoming with accurate information and to act responsibly in return for receiving the taxpayers’ money,” said U.S. Attorney Channing D. Phillips of the District of Columbia. “Our office is committed to recovering funds from those who fail to adhere to those responsibilities and obligations.”
The civil complaint in this action is the result of an investigation by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Columbia and the State Department’s Office of Inspector General.
The case is captioned United States v. DynCorp International, Inc., No. 1:16-cv-01473 (D.D.C.). The claims asserted in the complaint are allegations only, and there has been no determination of liability.
Posted: 4:12 am EDT
[twitter-follow screen_name=’Diplopundit’ ]
On March 1, we woke up to a report that two locally employed staff of the U.S. Consulate General in Peshawar, Pakistan were killed in Pakistan’s FATA area. There were very few details. It looks like the source of the report was Secretary Kerry who talked about the casualties during his Remarks at the Strong Cities Network International Visitors Leadership Program for Municipal Leaders and Countering Violence Extremism Experts Event in Washington, DC.
The news nugget was in the 27th paragraph of his prepared speech at the CVE event:
I’ll tell you something, I’m always stunned by it. I mean, just this morning I woke up to the news that we’ve lost two local employees in Peshawar who work with our consulate there, who were going out on a effort to eradicate narcotics fields. And an IED exploded and several were lost and a few of the soldiers who were there to guard them also. Think about that.
We went looking for an official statement at state.gov and at U.S. Embassy Islamabad and its three constituent posts but there was none available.
We sent an email to the U.S. Embassy in Islamabad to see if the mission has any other details to share, but as of this writing we have not heard anything back.
Later on March 1, state.gov put out an official statement of the incident:
Earlier today, I learned that two locally employed staff with the U.S. Mission in Pakistan were brutally murdered in an attack against a Government of Pakistan Anti-Narcotics Force (ANF) convoy in Ambar tehsil, Mohmand Agency in the Federally Administered Tribal Areas (FATA) of Pakistan.
On behalf of the Department of State, I extend my heartfelt condolences to the families and loved ones of these brave individuals. I know nothing we say can adequately assuage their grief, but they should know we are thinking of them and share their profound sense of loss.
This senseless attack is a compelling reminder of the risk taken every day by our diplomats and the local staff around the world who make diplomacy possible. It also is a testimony to the courage and commitment shown by both Americans and Pakistanis who struggle to combat the scourge of terrorism and build a more stable, secure, and prosperous future for Pakistan. We have offered our assistance to the government of the region in investigating the incident and bringing the perpetrators to justice.
The Department of State holds in the highest regard all our host country colleagues who serve in our missions around the world. These men and women choose a life of service to improve the lives of their families and citizens and are essential to helping implement our goal of promoting shared prosperity and values. They are our friends, our teachers, and our guardians, and we are profoundly grateful for the sacrifices they make every day.
The New York Times identified the two employees as Faisal Khan, an “anti-narcotics official,” and Abid Shah, a driver employed by the Bureau of International Narcotics and Law Enforcement Affairs. They were reportedly killed when the bomb detonated as their convoy was traveling in the Mohmand tribal region. Four other people, including two Pakistani security officials, were wounded. The anti-narcotics team had been reviewing poppy eradication efforts in the area. According to the NYT, Jamaat-e-Ahrar, a faction of the Pakistani Taliban, claimed responsibility for the attack.
State/INL has the following country program in Pakistan (INL/AP):
INL and the Government of Pakistan have collaborated on counternarcotics (CN) activities since the 1980s. INL’s counternarcotics portfolio includes training and operational support to law enforcement agencies as well as crop control and demand reduction projects implemented through local channels. Pakistan’s CN efforts are led by the Anti-Narcotics Force (ANF) under the Ministry of Narcotics Control, but also include several other law enforcement agencies such as the Frontier Corps- Khyber Pakhtunkhwa (KP) and Frontier Corps – Baluchistan as well as the Home Departments of Khyber Pakhtunkhwa and Balochistan provinces.