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.

#

Advertisements

Jennifer Gillian Newstead to be @StateDept’s Legal Adviser

Posted: 1:42 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On September 2, President Trump announced his intent to nominate Jennifer Gillian Newstead to be Legal Adviser at the State Department. The WH released the following brief bio:

Jennifer Gillian Newstead of New York to be Legal Adviser at the Department of State.Ms. Newstead is a partner in the law firm of Davis, Polk & Wardwell LLP, where she has a global practice representing clients in cross-border regulatory, enforcement and litigation matters. Ms. Newstead previously served in several senior government positions, including as General Counsel of the Office of Management and Budget, Principal Deputy Assistant Attorney General at the Department of Justice’s Office of Legal Policy, and Associate Counsel to the President. Ms. Newstead previously served as an Adjunct Professor of Law at Georgetown University Law Center in Washington, D.C and earlier in her career clerked for Justice Breyer of the U.S. Supreme Court and for Judge Silberman of the U.S. Court of Appeals for the D.C. Circuit. She is a 1994 graduate of Yale Law School, and a 1991 graduate magna cum laude of Harvard University.

Her law firm has a more detailed bio:

Ms. Newstead is a partner in Davis Polk’s Litigation Department. She has a global practice representing leading international corporations, financial institutions and Boards of Directors in white collar criminal defense, regulatory and securities enforcement matters, internal investigations and related civil litigation. She advises clients in high-profile, cross-border investigations involving alleged violations of the Foreign Corrupt Practices Act, U.S. economic sanctions and anti-money laundering laws, securities and accounting laws, and other financial regulations. She represents clients before regulatory and law enforcement agencies including the U.S. Department of Justice, the SEC, the Federal Reserve Board, Treasury/OFAC, the NY Department of Financial Services, and other authorities. She has conducted investigations related to business in numerous countries in Asia, the Middle East, Central and Eastern Europe, Latin and South America. Ms. Newstead frequently advises clients on the design and implementation of global compliance programs to mitigate risk.

Ms. Newstead joined Davis Polk after a U.S. Supreme Court clerkship. She left the firm in 2001 to serve as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the U.S. Department of Justice, where she received the Attorney General’s Award for Exceptional Service. She served as an Associate White House Counsel from 2002 to 2003 and as General Counsel of the White House Office of Management and Budget from 2003 to 2005. She rejoined the firm in 2005.

Back in June, BuzzFeed reported that Ms. Newstead, a former George W. Bush administration official and architect of the Patriot Act was slated be the top lawyer at the State Department. See A Lawyer Who Helped Write The Patriot Act Is Trump’s Pick For A Top State Department Job.

The White House sent her nomination to the Senate on September 5, and it has been referred to the Senate Foreign Relations Committee. As of this writing, the SFRC has yet to schedule this nomination for a hearing.

Former Legal Adviser John B. Bellinger III (2005–2009) notes that if confirmed, Ms. Newstead would be the first woman to serve as Legal Adviser of the State Department. He writes that this position was created by statute in 1931, replacing the Solicitor, which had been the chief legal officer of the State Department since 1891.

#

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

Posted: 12:57 am ET
[twitter-follow screen_name=’Diplopundit’ ]

 

We’ve written about nine blogposts on sexual assaults and/or lack of clear sexual assault reporting guidance in the Foreign Service since August this year (see links below).   On November 22, the State Department finally directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

Mindful that there are 35 days to go before a new administration takes office, we requested an update on the task force convened by “M” to craft the sexual assault guidance in the FAM.

A State Department spox sent us the following:

“The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day. Currently, the Department has policies and procedures relating to sexual harassment and workplace violence. Employees and their family members can receive assistance and advice from MED, DS and S/OCR on these issues.

 The taskforce is initially focused on establishing FAM definitions and will then build out the program, communications and training. The group has met with Peace Corps and will soon meet with DOD to understand what each has done on this issue. Both of those agencies dedicated several years to building their programs.

The taskforce includes members from MED, HR/ER and HR/DGHR, M staff and M/PRI, DS/DO/OSI and DS front office, S/OCR, and L. The group has also heard from a number of diplomatic community members at post who were eager to contribute ideas and offer feedback throughout the process. The group welcomes this contribution and feedback.”

 

So 35 days to go but we already know that the new guidance will not be ready until after January 20. We are pleased to hear that the taskforce is consulting with both DOD and Peace Corps who each has its separate reporting mechanism.  We are certain that the bureaucracy will continue to grind despite the transition but we do not want this to fall through the cracks.  If you are a member of the Foreign Service who provided feedback to this taskforce, and if you are a member of the FS community who considers an assault on one as an assault on all, you’ve got to keep asking until this gets done.

The Department’s Anti-Harassment Program is managed by the S/OCR, an office that reports directly to the Secretary of State. It conducts inquiries into allegations of sexual and discriminatory harassment in the Department.  It is not the appropriate office to handle sexual assault crimes. To initiate the EEO complaint process, regulations require that employees contact S/OCR or an EEO counselor within 45 calendar days of the alleged discriminatory act in order to preserve the right to file a formal complaint of discrimination with S/OCR. Email: socr_direct@state.gov.

The Department’s policy on workplace violence is governed by 3 FAM 4150, last updated in April 2012.

workplacev

Under Employees’ Responsibilities, the FAM provides the following guidance:

In the event of an immediately threatening or violent situation, all Department of State employees should:

(1) If the incident takes place in the United States, call 911 when there is an injury or an immediate risk of injury in the workplace;

(2) Alert the appropriate law enforcement or security office at his or her location when there is risk to his or her safety or the safety of others, injury, or immediate risk of injury. In the Washington, DC area dial extension 7-9111 or the appropriate telephone number for the law enforcement or security office at his or her location;

(3) Immediately report threatening or violent behavior to supervisors after securing emergency medical assistance as needed;

(4) Move to a safe area away from the individual(s) making threats or exhibiting violent behavior. Do not confront the individual or individual(s); and

(5) Take all threats and acts of violence seriously.

A close reading of this section on workplace violence, makes one think that perhaps the drafters were thinking of an employee “going postal”. This certainly provides no guidance for victims of sexual assault.  “Take all threats and acts of violence seriously,” of course, doesn’t make sense when one contemplates about a colleague who is also a rapist. It’s important to note that approximately 3 out of 4 of sexual assaults are committed by someone known to the victim; that “friend” or “buddy” is not going to threaten you that he’s going to assault or rape you before he commits the crime.

The workplace violence section has more guidance on what to do with an employee exhibiting violent behavior than what to do with the victims. Immediate actions recommended include review of “whether an independent medical exam should be offered” to the violent employee. Short-term and long-term responses include administrative leave; counseling from supervisor or higher management official; appropriate disciplinary action, up to and including separation; curtailment; and/or medical evacuation. All focused on the perpetrator of workplace violence.

Yes, the Department has policies and procedures relating to sexual harassment and workplace violence; and you can see that they are sorely lacking when it comes to addressing sexual assaults.

 

Sexual Assault Related posts:

 

 

 

Secondments to international organizations and promotions? Here comes the boo!

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

Eligible U.S. government employees may be detailed or transferred to certain international organizations in which the United States participates.  Authority and procedures for such details and transfers are found in:  5 U.S.C. §§ 3343, 358l-3584 and 5 C.F.R. and §§ 352.301 through 352.314. via

 

This past summer, we learned that for the past several years, the Department and AFSA have agreed to a “procedural precept” for the Foreign Service Selection Boards that explicitly excludes from promotion consideration Foreign Service Officers who have been transferred to some international organizations. We could not find hard numbers on how many officers have been impacted or which IO assignments are excluded.

We did hear that this particular issue (separation to work in an international organization, with re-employment rights) apparently affects “a very small number of people,” and that in the past, officers, typically not willing to rock the boat, have made themselves content with simply accepting a time-in-class (TIC) extension (pdf).

Screen Shot 2014-10-28

That’s weird, right? This appears to disincentivize U.S. citizen employment in international organizations, something that is apparently a congressional mandate; so much so that an office in the Bureau of International Organization Affairs (State/IO) is actually tasks with promoting such employment. Well, actually the policy for agencies to take affirmative steps in having U.S. citizens work in international organization dates back to President Lyndon B. Johnson’s tenure. Seriously.

We understand that the justification for the exclusion in the Precepts was articulated over five years ago and is contained in a June 23, 2008 AFSA letter:

“The rule prohibiting Selection Board competition of members on  certain secondments became effective in June 2004 on issuance of the  Procedural Precepts for the 2004 Foreign Service Selection Boards   and has been in effect for the past five years [sic]. It was  introduced to prevent employees from using secondments to extend   their time-in-class and the length of their tours of duty in  Missions such as Vienna, Brussels and Geneva while continuing to  compete for promotion, performance pay, etc.”

An FSO who is familiar with the process and the exclusion told us that this explanation is “nonsense.”  Apparently, this exclusion also applies  to personnel transferred to UN agencies in Afghanistan, Darfur,  Southern Sudan, Kenya, East Timor, etc. We were also told that the Precept (see (I(B)(6)(j) of the Procedural Precepts), is a “Bush-era ham-fisted attempt” to   punish any service outside of Iraq and Afghanistan, with “scant  attention paid to broader policy implications or legal norms.”

So in essence, we really want more Americans to serve in international organizations, but if FS employees do serve in those capacities, it is likely that some of them will not be considered for promotion. And since international org assignments can run longer than foreign service tours, that basically puts a career in deep ice; surely a concerning detail in an up or out system like the Foreign Service.  And you wonder why there’s not a single stampede for these jobs.

What do the Federal regulations say?

Title 5 (see CFR § 352.314 Consideration for promotion and pay increases) has this:

(a) The employing agency must consider an employee who is detailed or transferred to an international organization for all promotions for  which the employee would be considered if not absent. A promotion based on this consideration is effective on the date it would have been effective if the employee were not absent. (pdf)

We were told that the State Department’s Legal Adviser’s (State/L) position is that…   “The Precepts are authorized under Title 22, and the Secretary has the authority to prescribe what they say”.

And what exactly does Title 22 says?

22 USC § 3982 (2011) §3982. Assignments to Foreign Service positions
(a) Positions assignable; basis for assignment
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under section 3981 of this title in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.

So basically since “L” had apparently ruled that FS Assignments are made under Title 22 (which does not address promotions), and Title 5 (the part of the regs that actually addresses promotion), does not apply — there is no desire to reconcile the conflict between the promotion eligibility of detailed/transferred employees to an international organization contained in Title 5 with the exclusion contained in the Precepts?

Wow! We’re having an ouchy, ouchy headache.

If this interpretation stands, does it mean that the Secretary of State is free to disregard any legal norm, standard or entitlement that is not spelled out specifically in Title 22?

And we’re curious — where does HR/CDA/SL/CDT obtain its legal authority to pick and choose among transferred members on who should and should not be considered for promotion? It appears that 5 CFR 352.314 spells out a clear entitlement to promotion consideration for ALL transferred officers but for the “L” interpretation.

We understand that there is now a Foreign Service Grievance case based exactly on this exclusion in the Precept. If not resolved by FSGB, this could potentially move to federal court as it involves not only adjustment in rank, and withheld benefits but also TSP coverage which has retirement implications. Will State Department lawyers go to court citing “FS Assignments outside DOS” booklet, issued by HR/CDA/CDT over the federal regulations under Title 5?

Perhaps, the main story here is not even about a specific precept, but the fact that Department management is disregarding Federal law and from what we’ve seen — AFSA, the professional representative and bargaining unit of the Foreign Service has been  aware of this for years but has no interest in pressing the issue.

* * *