Ambassador David Hale to be @StateDept’s Under Secretary for Political Affairs

 

On July 10, the WH announced the president’s intent to nominate career diplomat David Hale to be the next Under Secretary of State for Political Affairs (State/P). The WH released the following brief bio:

Ambassador David Hale, a career member of the Senior Foreign Service, Class of Career-Minister, is the Ambassador to the Islamic Republic of Pakistan, a position he has held since 2015.  He previously served as the United States Ambassador to the Republic of Lebanon from 2013 to 2015 and as the United States Ambassador to Jordan from 2005 to 2008.  In Washington, D.C., he has served as the Special Envoy and Deputy Special Envoy for Middle East Peace from 2009 to 2013 and as Deputy Assistant Secretary of State in the Bureau of Near Eastern Affairs from 2008 to 2009.  From 2001 to 2003, Ambassador Hale was Director for Israel-Palestinian Affairs.  He was Executive Assistant to the Secretary of State from 1997 and 1998.  Mr. Hale received a B.S.F.S. from Georgetown University’s School of Foreign Service and he is the recipient of numerous senior State Department awards, including the Distinguished Service Award and the Presidential Rank Award of Meritorious Service.

The Under Secretary of State for Political Affairs (State/P) position is currently encumbered by Ambassador Steve Mull in an acting capacity. An unconfirmed second-hand source informed us that Ambassador Mull is registered for the retirement course at the end of August and will be leaving at the end of the fiscal year – that is, on or about September 30, 2018. With the Hale announcement, Mull’s retirement appears inevitable, the second hand info is likely true than not.  Ambassador Mull is the last remaining career ambassador in active service. His departure will signal the first time in recent memory where the Foreign Service has no career ambassador in active service.

As of this writing, Secretary Pompeo has not released a statement about this nomination. If confirmed, Ambassador Hale would succeed Ambassador Tom Shannon as “P”. He will also become the highest ranking career Foreign Service officer at the State Department. Here are his predecessors via history.state.gov:

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Tom Shannon’s ‘Dear Friends and Colleagues’ Note Announcing His Foreign Service Retirement

Posted: 1:12 am ET

 

Congress first authorized the position of Under Secretary of State for Political Affairs in the Department of State Organization Act of July 30, 1959. Under Secretary Tom Shannon is the 22nd incumbent to the third highest ranking position in Foggy Bottom since 1959. He is only the 16th career diplomat to be appointed as “P”.  He was nominated by President Obama in September 2015 but he did not get confirmed until February 2016. He officially signed his appointment and assumed post in April 2016, so he’s barely two years on the job. We understand that he recently turned 60 years old and wants to set a new direction in his life but we should also note that he is five years short of the mandatory Foreign Service retirement age inscribed in the Foreign Service Act of 1980.

Signed “Warm Regards, Tom Shannon,” the following is the text of the note addressed to friends and colleagues sent by the Under Secretary of State for Political Affairs announcing his retirement from the Foreign Service and the State Department:

Yesterday I spoke with the Secretary and informed him of my decision to retire from the United States Foreign Service and the Department of State.  After more than 34 years of service to our great Republic, I have decided that it is time to step aside.  I do so confident in the next generation of Foreign Service leadership, and proud of what we have accomplished across four decades of American diplomacy.

My decision is personal, and driven by a desire to attend to my family, take stock of my life, and set a new direction for my remaining years.

The Secretary has asked me to stay on until my successor is named, and to ensure a smooth transition to the new Under Secretary for Political Affairs.  I have agreed to do so.

I want to express my profound gratitude to the Secretary and the President for the privilege of serving at the highest levels of the Department during this past year.  I have had the honor of serving under six presidents and ten secretaries of state.  All have been extraordinary public servants and great Americans.  As with each of you, my service has been defined by our oath of office and the commitment we make to protect and defend our Constitution, our institutions, and our values.  Underlying this commitment is our deep respect for the will of the American people and a determination to advance the interests and well-being of our nation by ensuring the success of our elected governments.  The sense of duty and obligation that this implies, and the discipline it imparts, has allowed the Department of State and its officers to serve successfully since the earliest days of our Republic.

One of the greatest honors I have been afforded during my career is the opportunity to have worked with all of you.  I am deeply grateful for your friendship and solidarity, and I have been humbled by your generosity of spirit, your courage in confronting the dangers and risks inherent in our profession, and your joyful embrace of a life spent far from home and hearth.

To be an American diplomat is a high calling.  I salute you all, and look forward to having the opportunity to say my farewells to you in the weeks to come.

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68 Delivers Farewell and Thanks to Foggy Bottom, See More Goodbyes and Parting Thoughts

Posted: 3:33 pm PT
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Secretary Kerry Appoints Kristie Kenney as State Department Counselor

Posted: 4:24  pm EDT
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On February 12, Secretary Kerry announced the appointment of Ambassador Kristie Kenney as the Department’s counselor:

I am also pleased to announce that Ambassador Kristie Kenney will succeed Tom as State Department Counselor, taking on special assignments and advising me on an array of issues. The daughter of a public school teacher and a World War II veteran, Kristie has public service in her DNA. She rose through the ranks of the U.S. Foreign Service, and over the course of her career, has served as Ambassador to Thailand, the Philippines, and Ecuador. I know her to be one of the most effective leaders in the Department, with impeccable judgment and extraordinary skill under pressure. Her appointment as Counselor makes her one of the most senior female Foreign Service Officers in the history of our country.

According to history.state.gov:

The Secretary of State created the position of Counselor for the Department of State in 1909 as part of a general Department reorganization. In 1912, the position became a Presidential appointment (37 Stat. 372). Between 1913 and 1919, the Counselor served as the Department’s second-ranking officer, assuming the role previously exercised by the Assistant Secretary of State. In 1919., the newly-created position of Under Secretary of State subsumed the duties of the Counselor. An Act of Congress, May 18, 1937, re-established the position of Counselor of the Department of State (50 Stat. 169). Between 1961 and 1965, the Counselor also served as the Chairman of the Policy Planning Council. The Counselor, who currently under law holds rank equivalent to an Under Secretary of State (P.L. 98-164; 97 Stat. 1017), serves as an adviser to the Secretary of State. The Counselor’s specific responsibilities have varied over time.

Below are Ambassador Kenney’s predecessors:

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Senator Cruz Blocks @StateDept Nominees While on Campaign Trail

Posted: 2:19 am EDT
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Last week —

So that’s now the third time for the last several days and counting. Duck Dynasty commander and Senator Ted Cruz has pledged to block State Department nominees over the Iran nuclear deal. He had previously conveyed his threat to hold all State Department nominations over the Iran deal in July 2015 (see letter to POTUS here – PDF). He wants the oval office, we don’t think a duck gumbo would work here.

 

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Senator Grassley Explains Hold on Thomas Shannon’s Nomination to be @StateDept’s #4

Posted: 2:21 am EDT
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Senator Chuck Grassley (R-IA) has placed a hold on the nomination of Ambassador Thomas Shannon as Foggy Bottom’s next “P.” Below is an excerpt in the Congressional Record with Mr. Grassley explaining his hold (see Senator Grassley Lifts Hold on 20 Foreign Service Nominations, Places New Hold on “P”). He stated that he is not questioning the credentials of Ambassador Shannon in any way; just pushing the State Department to “respond to congressional inquiries in a timely and reasonable manner.”

Mr. GRASSLEY. Mr. President, I intend to object to any unanimous  consent request at the present time relating to the nomination of  Thomas A. Shannon, Jr., of Virginia, a career member of the Senior  Foreign Service, class of Career Ambassador, to be an Under Secretary of State, Political Affairs.

I will object because the Department of State has still not responded  to almost a dozen investigative letters dating back to 2013. In  addition, on August 20, 2015, my staff met with Department officials in  an effort to prioritize material for production. The Department has failed to comply with its commitments, producing material late, failing  to provide all requested material, and even failing to provide material to the Senate Judiciary Committee contemporaneously with providing the same documents to Freedom of Information Act, FOIA, requestors. These are the same complaints that I raised on September 30, 2015, when I placed a hold on Brian James Egan of Maryland to be legal advisor of the Department of State. Apparently, the Department simply does not understand its obligation to respond to congressional inquiries in a timely and reasonable manner.

Two and a half years ago I began a broad inquiry into the government’s use of special government employee programs. I did not single out the State Department on this issue. To the contrary, I wrote to 16 different government agencies. Two and a half years have passed since I began my inquiry, and the State Department has still not produced the materials I have requested or certified they do not exist.

 In addition to the investigation of the Department’s special government employee program, I am also investigating the Department’s  compliance with the FOIA as it pertains to Secretary Clinton’s private server that was used to transit and store government information. The Minority Leader has questioned whether the Judiciary Committee’s jurisdiction extends to these matters. I would note that the special government employee designation is an exception to Federal criminal conflict-of-interest laws. Those laws are within the jurisdiction of the Judiciary Committee, as is FOIA.
[…]
As a further example of the Department’s continued intransigence, I requested all SF-312 “Classified Non-Disclosure Agreements” for Secretary Clinton, Ms. Huma Abedin, and Ms. Cheryl Mills on August 5, 2015. My staff met with Department personnel three times since that letter and participated in dozens of emails and phone calls in an effort to acquire these documents. In addition, after the Department complained that it had received too many requests from me, my staff produced a prioritized list of requests to assist the Department in producing responses. At number three on that list were the SF-312 forms, and at number one are the official emails of Mr. Pagliano. Notably, during conversations with my staff on the subject, Department personnel stated that they could not locate those forms with the exception of only page 2 of Ms. Abedin’s SF-312 exit form. On November 5, 2015, the Department produced SF-312 entrance forms for Secretary Clinton, Ms. Abedin, and Ms. Mills to a FOIA requestor but failed to provide the same to the Committee. Clearly, the documents exist.
[…]
The continued intransigence and lack of cooperation make it clear that the Department did not care enough about their Foreign Service  officer candidates to “get in gear” and begin to produce responses to  my oversight letters. Accordingly, I have released my hold on these officer candidates and have escalated to Mr. Shannon. The Department of State’s refusal to fully cooperate with my  investigations is unacceptable. As I have noted before on the floor of the Senate, the Department continues to promise results, but there has been very little or no follow-through. The Department’s good faith will be measured in documents delivered and witnesses provided.

My objection is not intended to question the credentials of Mr. Shannon in any way. However, the Department must recognize that it has an ongoing obligation to respond to congressional inquiries in a timely and reasonable manner.

Read the full entry in the Congressional Record here.

 

 

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Senator Grassley Lifts Hold on 20 Foreign Service Nominations, Places New Hold on “P”

Posted: 4:10  am EDT
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The nominations were received in the Senate and referred to the Committee on Foreign Relations in June 2015.  On August 5, the SFRC cleared a short Foreign Service list (PN573-4) containing 20 nominees for “appointment as Foreign Service Officer of Class Two, Consular Officer and Secretary in the Diplomatic Service of the United States of America.” The nominations went nowhere due to a Senate hold exercised by Senator Chuck Grassley.

According to The Hill, the Senator has now lifted his hold on nearly two dozen nominations, but has moved his hold on to a bigger fish. There goes “P.”

Grassley’s office confirmed that the Judiciary Committee chairman had lifted his hold on 20 foreign service officer nominations.

But the Iowa Republican also added a hold on a top State Department nominee, telling leadership that he intends to block Thomas Shannon’s nomination to be the under secretary of political affairs.

Grassley is also continuing his hold on Brian James Egan’s nomination to be a legal adviser for the department, as well as David Malcolm Robinson’s nomination to be assistant secretary for conflict and stabilization operations and coordinator for reconstruction and stabilization.

 

 

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Senators Grassley and Cotton Now Have 25 @StateDept Nominations Glued Down, and Going Nowhere

Senator Grassley Places Hold on 20 FSO Nominations Over Clinton Inquiry

 

 

Political Appointee Rejects Criticisms of Too Many Political Picks at the State Department

— Domani Spero
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The retirement of Deputy Secretary Bill Burns and the attendant task of finding his replacement as the State Department’s No.2 official highlighted the career versus political appointments in the upper ranks of the oldest executive agency in our country. Below via Yahoo News:

Obama has overseen an expansion of political appointments at the State Department. He has chosen fewer career diplomats for ambassadorial postings than his recent predecessors. And his administration has tripled the number of noncareer appointments under so-called “Schedule B authority,” which have soared from 26 to 89 employees between 2008 and 2012 at the senior levels.

The report notes that “just one of the top nine jobs in American diplomacy is held by a career diplomat: Undersecretary for Management Patrick Kennedy.” It further notes that this number rises to 2 out of 10 if State Department Counselor Tom Shannon is included.

The report also quotes AFSA saying, “We’re not rabble-rousers. We’re not going to be burning down the building. [snip] But we are concerned about the growing politicization throughout the State Department.”

For comparison, see this chart to see how the breakdown between career versus non-career appointees have progressively trended towards non-career appointees in the past decades.

Screen Shot 2014-11-01

infographic via afsa.org

Last Friday, the State Department officially rejected criticisms that too many top diplomatic jobs have gone to political appointees rather than to career foreign service officers.  As a sign of the times, the official who rebutted the criticism is the spokesperson of the State Department, a former political operative and herself, a political appointee:

“There’s never been a secretary of state more personally connected to the Foreign Service than Secretary (John) Kerry. It’s in his blood. It’s stamped in his DNA. He’s the son of a foreign service officer,” spokeswoman Jen Psaki told Yahoo News by email.

“It’s no accident that he has worked with President (Barack) Obama to build a senior team with more foreign service officers in leading assistant secretary positions than at any time in recent memory, and no accident that he chose a foreign service officer to serve as the State Department’s Counselor for the first time in thirty years,” she added.

For understandable reason, AFSA wants to see another FSO appointed as a Deputy Secretary.  Congress created the position of Deputy Secretary of State in the Foreign Relations Authorization Act of 1972, approved Jul 13, 1972 (Public Law 92-352; 86 Stat 490), to replace the Under Secretary of State as the second ranking officer in the Department. The Deputy Secretary serves as the principal deputy, adviser, and alter ego to the Secretary of State; serves as Acting Secretary of State in the Secretary’s absence; and assists the Secretary in the formulation and conduct of U.S. foreign policy and in giving general supervision and direction to all elements of the Department. Specific duties and supervisory responsibilities have varied over time.

 

The candidates currently rumored to replace Bill Burns are not career diplomats. That is not at all surprising. According to history.state.gov, of the 17 deputy secretary appointments since the position was created in 1972 only four had been career Foreign Service officers:

 

In this blog’s last two months online, this might actually be an interesting project to look into — and see just how imbalanced are these appointments.  As we have blogged here previously, we readily recognize that the President and the Secretary of State should have some leeway to pick the people they need to support them in doing their jobs. That said, we think that this practice can be done to such an extreme that it can negatively impact the morale and functioning of the organization and the professional service, in this case the State Department and the institution of the Foreign Service.  Not only that, following an election year, it basically decapitates the upper ranks of an agency pending the arrival of new political appointees. In the case of the State Department, 4/5 of the top appointees are political. It will almost be a wholesale turnover in 2017 whether a Democrat or a Republican wins the White House.

So let’s take a look, for a start, at the top organizational component of the State Department.

1. Secretary of State (S): John F. Kerry, Political Appointee 

2. Deputy Secretary (D) – VACANT

3. Deputy Secretary for Management and Resources (DMR): Heather Higginbottom, Political Appointee
She was the Policy Director for the Kerry-Edwards Presidential Campaign in 2004, Policy Director for then Senator Obama’s Presidential Campaign in 2007, and came to the State Department after stints in the White House and OMB. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State from her party.

4. Counselor of the Department (C): Thomas A. Shannon, Jr., Career Foreign Service Officer
Former U.S. Ambassador to Brazil and former Assistant Secretary for Western Hemisphere Affairs.  He is only the seventh Foreign Service Officer to hold the position of Counselor since World War II, and the first in 32 years. Not quite mandatory retirement age in 2017, we expect he would  rotate out of this position for another upper level assignment, unless, he takes early retirement and goes on to a leadership position at some think tank.

5. Under Secreatry for Arms Control and International Security (T): Rose E. Gottemoeller, Political Appointee
She was the chief U.S. negotiator of the New Strategic Arms Reduction Treaty (New START) with the Russian Federation, which entered into force on February 5, 2011. Prior to the Department of State, she was senior associate with the Carnegie Endowment for International Peace. In 1998-2000, she was the Deputy Undersecretary of Energy for Defense Nuclear Nonproliferation and before that, Assistant Secretary and Director for Nonproliferation and National Security. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

6. Under Secretary for Civilian Security, Democracy, and Human Rights (J):  Sarah Sewall, Political Apppointee
Prior to this position, she served as a Senior Lecturer in Public Policy at the John F. Kennedy School of Government at Harvard University. In 2012, Dr. Sewall was Minerva Chair at the Naval War College and from 2006 to 2009 she served as the Director of Harvard’s Carr Center for Human Rights Policy. She was also Deputy Assistant Secretary for Peacekeeping and Humanitarian Assistance at the Department of Defense from 1993 to 1996. From 1987 to 1996, she served as the Senior Foreign Policy Advisor to U.S. Senate Majority Leader George J. Mitchell. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

7. Under Secretary for Economic Growth, Energy, and Environment (E): Catherine Novelli, Political Appointee
Prior to the State Department, she was Vice President for Worldwide Government Affairs at Apple, Inc.; Prior to her tenure at Apple, Ms. Novelli was a partner in the Washington office of Mayer, Brown, Rowe & Maw LLP where she assisted Fortune 100 clients on issues involving international trade and investment. She was also a former Assistant U.S. Trade Representative for Europe & the Mediterranean. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State.

8. Management (M): Patrick F. Kennedy, Career Foreign Service Officer
He has been the Under Secretary of State for Management since 2007. From February 2005 to April 2005, he headed the Transition Team that set up the newly created Office of the Director of National Intelligence. In 2001, he was appointed  U.S. Representative to the United Nations for Management and Reform with the Rank of Ambassador. During this period he also served from May 2003 to the end of November 2003 as Chief of Staff of the Coalition Provisional Authority in Iraq, and from May 2004 to late August 2004 as the Chief of Staff of the Transition Unit in Iraq. He joined the Foreign Service in 1973, so he’s been in federal service for at least 40 years.

His Wikipedia page indicates that he is 65 years old, the mandatory retirement age for the Foreign Service. Except that the regs also make exceptions for presidential appointees under  3 FAM 6216.2-2. (With regard to a member of the Service who would be retired under 3 FAM 6213 who is occupying a position to which the member was appointed by the President, by and with the advice and consent of the Senate, the effective date of retirement will not take effect until the end of the month in which such appointment is terminated and may be further postponed in accordance with 3 FAM 6216.2-1 if the Director General determines it to be in the public interest). If he serves out the rest of the Obama term as “M,” he’ll be the under secretary for management for almost a decade (2007-2016), probably the longest serving incumbent in this position.

9. Political Affairs (P): Wendy Sherman, Political Appointee
She is the Department’s current fourth-ranking official. Prior to this position, Under Secretary Sherman served as Vice Chair of Albright Stonebridge Group, a global strategy firm. Yes, that Albright.  Ambassador Sherman served as Counselor for the State Department from 1997 to 2001, as well as Special Advisor to President Clinton and Policy Coordinator on North Korea. From 1993 to 1996, under Secretary of State Warren Christopher, she was Assistant Secretary for Legislative Affairs. On November 3, 2014, she became dual-hatted as the Acting Deputy Secretary of State.  The Cable says that she has been informed that she is not the permanent pick for the job. We expect that she’ll tender her resignation on/or about January 2017 unless she leaves earlier or is asked to stay on by the next Secretary of State after the 2016 elections.

10. Public Diplomacy and Public Affairs (R): Richard StengelPolitical Appointee
Mr. Stengel was sworn in as Under Secretary of State for Public Diplomacy and Public Affairs on February 14, 2014. As of October 31, 2014, the official directory for the State Department still lists that position as vacant, by the way. Prior to assuming this position, Mr. Stengel was the Managing Editor of TIME from 2006 to 2013. From 2004 to 2006, he was the President and Chief Executive Officer of the National Constitution Center in Philadelphia. We expect that he’ll tender his resignation on/or about January 2017 unless he leaves earlier or is asked to stay on by the next Secretary of State. The average tenure, by the way, for the incumbent of this position is 512 days.

So, as of this writing, a total of ten positions occupy the top ranks of the State Department: one vacant position, two positions encumbered by career diplomats, and seven encumbered by political appointees.

Is that the right balance?

The State Department spox is indeed right; Tom Shannon is the first career FSO in 32 years to serve as counselor of the State Department, and Secretary Kerry deserves credit for that pick. We must also note that Secretary Clinton picked one FSO (Burns) and that Secretaries Clinton and Kerry both inherited a third FSO from Secretary Rice’s tenure (Kennedy).(We’ll look at the assistant secretaries in a separate post).

But.

What message are you sending to a 24,000 career workforce if you cannot find a single one among them to appoint as deputy of their own agency? The political appointees have impressive resumes.  That said, why should any of the career employees aspire for an under secretary position when despite their work experience and  years of sacrifices (and their families’) in all the hellholes in the world, all but one (sometimes all), inevitably go to well-connected political appointees?

Any career advice about picking political horses or how to get on the state-of-the-art bullet elevator to the Seventh Floor?

Maybe  somebody will be brave enough to ask these questions during Secretary Kerry’s next town hall meeting? Yes, even if folks get instructions to ask policy-related questions only. In the next few weeks we will also peek into some of these upper offices within State and go on a journey of institutional discovery. We understand that it’s pretty interesting out there.

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Heather Higginbottom Confirmed as Deputy Secretary for Management and Resources

— Domani Spero

On December 13, 2013, the U.S. Senate confirmed Heather Anne Higginbottom, of the District of Columbia, to be Deputy Secretary of State for Management and Resources with a 74-17 votes.

The next roll call votes will be at 5:30pm on Monday, December 16th for the confirmation of Ambassador Anne Patterson as Assistant Secretary for Near Eastern Affairs.

Now that Ms. Higginbottom is officially D/MR, there’s another vacancy in the top ranks of Foggy Bottom.  Citing senior officials, Laura Rozen of the Back Channel reported back in August that the former US Ambassador to Brazil Thomas Shannon is likely to get tapped to succeed Ms. Higginbottom as Counselor to Secretary Kerry.

Screen Shot 2013-12-14

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SFRC Clears Three for Personal Rank of Career Ambassador

The SFRC cleared the following-named Career Members of the Senior Foreign Service, Class of Career Minister, for the personal rank of Career Ambassador in recognition of especially distinguished service over a sustained period:

 

Correct me if I’m wrong but Ambassadors Brownfield and Kenney may be the first tandem couple with personal ranks of Career Ambassador.

Ambassador Kristie Kenney with A/S William Brownfield
Via

This one from the Office of Historian:

The class of Career Ambassador was first established by an Act of Congress on Aug 5, 1955, as an amendment to the Foreign Service act of 1946 (P.L. 84-250; 69 Stat. 537). Under its provisions, the President with the advice and consent of the Senate was empowered to appoint individuals to the class who had (1) served at least 15 years in a position of responsibility in a government agency, including at least 3 years as a Career Minister; (2) rendered exceptionally distinguished service to the government; and (3) met other requirements prescribed by the Secretary of State. Under the 1980 Foreign Service Act (P.L. 96-465; 94 Stat. 2084), which repealed the 1946 Act as amended, the President is empowered with the advice and consent of the Senate to confer the personal rank of Career Ambassador upon a career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained period.

 

In over fifty years, the Office of the Historian only has 53 career diplomats listed with the personal rank of Career Ambassador. That list includes William Joseph Burns (State’s Deputy Secretary), Anne Woods Patterson (current US Ambassador to Egypt), James Franklin Jeffrey (former US Ambassador to Iraq), Ryan Clark Crocker (former Ambassador to Afghanistan and six other countries), Nancy Jo Powell (current US Ambassador to India), Marc Isaiah Grossman (current S/RAP) and Earl Anthony Wayne (current US Ambassador to Mexico).

The full list is here.