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Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept

Posted: 9:26 pm PT
Updated: June 11, 10:34 pm PT

 

On Friday night, the White House released a slew of nominations including two names for the State Department — Eric Ueland to be Under Secretary of State for Management and Nathan Alexander Sales to be Coordinator for Counterterrorism.

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In June 2013, Roll Call reported that the Senate Budget ranking member Jeff Sessions brought in a longtime budget and Senate rules expert Eric Ueland as his committee staff director.  The report notes that “With budget wars dominating the conversation in Washington, Ueland’s hire could signal Sessions’ desire to beef up his ability to spar with Democrats on the issue.” Ueland in 2013 was cited as the current vice president at the Duberstein Group. He worked as former Senate Majority Leader Bill Frist’s, R-Tenn., chief of staff as well as chief of staff to former Senate Majority Whip Don Nickles, R-Okla. “In those roles, he was regarded as one of the smarter procedural strategists for the Republicans”, according to Roll Call.

In 2015, when Sen. Mike Enzi (R-WY) became chairman of the Senate Budget Committee Ueland stayed on as Staff Director.  Senator Enzi released the following brief bio for Eric Ueland at that time:

Eric Ueland graduated from the University of San Francisco in 1988 and worked at The American Spectator magazine before joining the Senate Republican Policy Committee staff in 1989 under Senator Bill Armstrong (R-CO). He served in a variety of positions at the committee before becoming deputy chief of staff for Senator Don Nickles (R-OK) at the Senate Assistant Majority Leader’s Office in 1996, serving as chief of staff from 1999 to 2002. Ueland became staff director of the Senate Rules Committee for Chairman Rick Santorum (R-PA), then from 2003 to 2006 served as transition staff, deputy chief of staff and chief of staff to Senate Majority Leader Bill Frist (R-TN). In 2007, he joined The Duberstein Group, a bipartisan advocacy firm, serving as vice president until being named the Budget Committee’s Republican staff director in 2013 for Senator Jeff Sessions (R-AL).

In 2016, Politico reported that Eric Ueland was advising Donald Trump’s presidential transition team.

If confirmed, Mr. Ueland would succeed career FSO Patrick F. Kennedy who was the Under Secretary for Management from 2007 until February 2017. Below is a quick description of this position via history.state.gov:

On Oct 7, 1978, an Act of Congress created the permanent position of Under Secretary of State for Management (P.L. 95-426; 92 Stat. 968). The Under Secretary of State for Management serves as principal adviser to the Secretary and Deputy Secretary on matters relating to the allocation and use of Department of State resources (budget, physical property, and personnel), including planning, the day-to-day administration of the Department, and proposals for institutional reform and modernization. Specific duties, supervisory responsibilities, and assignments have varied over the years. Each incumbent is commissioned with a functional designation as part of his title.

Here are the previous appointees as “M” from 1953 to-date, all noncareer appointees except for two career FSOs to serve in this role:

 

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U.S. Consulate General #Basrah, Iraq: Six-Year Old Diplomatic Outpost Faces Closure

Posted: 2:12 pm PT

 

Next month, the U.S. Consulate General in Basrah, Iraq would mark its sixth anniversary as the United States diplomatic outpost in the country’s southern-most province near the border with Kuwait.

Located adjacent to the Basrah International Airport, ConGen Basrah serves the four provinces of Iraq’s southern region: Basrah, Muthanna, Dhi Qar, and Maysan.  The office consists of an executive office, headed by the Consul General, and sections covering economic and commercial affairs, political affairs, public diplomacy, and issues concerning rule of law, border enforcement (both coastal and land/sea), police development, regional security and regional affairs, management, and U.S. development programs managed by the U.S. Agency for International Development. It provides limited consular services to emergency American citizen issues but does not does provide visa services or non-emergency American citizen services, both of which are provided by the U.S. Embassy in Baghdad.

We’ve recently learned that the State Department is now planning on closing the Consulate in Basrah.  One source told us that there is no timeline yet for the post closure. Our source estimates that with all the contract buy-outs, property, and local staffing issues to deal with, it could take half a year to shut things down. When we inquired if the memo circulated this past week was soliciting input or if this is a done deal, another source told us that this is pretty much a done deal as the security upgrade planned for this FY2017 had been cancelled. Not sure which construction/upgrade  project was cancelled but last year, a $4,885,950.00 contract for Basrah was awarded by State/OBO as one of its capital project in Iraq.

Whether this post is officially shuttered  this year or next year, we anticipate that this is only the first in the round of post closures that we understand for now includes over a dozen smaller posts spanning the globe.

U.S. Ambassador James F. Jeffrey officially opens the U.S. Consulate General in Basrah, Iraq, with Assistant Secretary of State for Near Eastern Affairs Jeffrey D. Feltman on July 5, 2011. Includes sound bites from Maj. Gen. Eddy Spurgin – commander, 36th Infantry Division/U.S. Division-South and Piper Campbell, the Consul General at Consulate Basra.

The State/OIG report on Inspection of Embassy Baghdad and Constituent Posts, Iraq in May 2013 notes the following:

The Government of Iraq would like to reclaim the 108-acre compound that houses the U.S. consulate general—a former British forward operating base 12 miles from Basrah on an Iraqi military compound adjacent to the international airport. The embassy is committed to maintain a presence in the south of Iraq, not least because it is the largest source of new oil to market in the world, and many U.S. companies are pursuing commercial opportunities there. The local government supports a U.S. presence, and the Government of Iraq committed in a 2004 bilateral agreement to provide a permanent site for consulate operations. To date, however, there has been no progress identifying a future site. The U.S. Government does not have a land use agreement for the current compound. The consulate general’s hold on the property remains tenuous.

At the time of the inspection, the Department was completing a $150 million interim construction project to provide basic security and infrastructure upgrades, but the facility and its isolated location are not suitable for a diplomatic mission on more than a temporary basis. Employees live in deteriorating containerized housing units; the compound has no central generator grid or access to city power; all supplies, including food, have to be trucked to the compound; and the security support needed to interact with contacts in Basrah City is costly. Operating costs to maintain the current, oversized facility and its hundreds of guards and life support staff are approximately $100 million per year. The Department has not given priority to or identified funding for a purpose-built facility.

Basrah’s ability to sustain operations is fragile under the best of circumstances because of its location at the end of a supply chain beset by shipping delays, security concerns, and the difficulty in recruiting and retaining U.S. direct-hire staff. As long as the consulate general occupies a sprawling compound that requires nearly 1,200 support staff, efforts to reduce costs and develop a long-term diplomatic presence commensurate with U.S. interests will remain on hold. If the Department cannot decide soon on Basrah’s future, it will at the very least have to fund interim upgrades to make facilities livable.
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At BDSC and Consulate General Basrah, employees live in cramped containerized housing units. Currently, most employees occupy their own unit with a bathroom but no cooking facilities. No long-term plan exists to bring housing closer to Department standards. The need for better long-term housing, addressed in a recommendation earlier in this report, is acute.

The 2013 OIG report recommended that “Embassy Baghdad, in coordination with the Bureau of Near Eastern Affairs, should decide on the size and the nature of the diplomatic platform needed in Basrah.”

It appears that the Tillerson State Department has now decided that the United States does not need a diplomatic platform in Basrah.

Note that ConGen Basrah went from 81 direct-hire Americans and 1,102 contractors in January 2012 to 75 direct-hire Americans and 986 contractors in January 2013. In January 2014, the latest publicly available data via State/OIG, the direct-hire number was 46, while contractors were at 657.

According to the Foreign Affairs Manual, a proposal to open, close, or change the status of a post normally is made and recommended by the assistant secretary for the appropriate regional bureau.  […] The final decision to open, close, or change the status of a diplomatic mission is made by the President.  The final decision to open, close, or change the status of a consular post, consular agency, branch, or special office is made by the Under Secretary for Management.

Wait, the State Department is still missing its Under Secretary for Management.

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Related posts:

 

Patrick Kennedy, Other Officials Step Down – Yo! That’s Not the “Entire” Senior Management

Posted: 10:09 am PT
Updated: 10:29 am PT

 

Yesterday, Mark Toner, the State Department’s Acting Spokesperson said that “Patrick Kennedy will resign as Under Secretary for Management on January 27, and retire from the Department of State on January 31. A career Foreign Service Officer, Under Secretary Kennedy joined the Department in 1973.”  To read more about him, see The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight.

Today, WaPo reports that the “entire senior management team just resigned.” In addition to U/S Kennedy stepping down, others named includes A/Barr, CA/Bond, DS/Gentry Smith, all career diplomats, and presumably are retiring from the Foreign Service. Previous departures include OBO’s non-career appointee, Lydia Muniz o/a January 20, and Diplomatic Security’s Greg Starr who retired a week before inauguration.

As we have noted before in this blog, U/S Kennedy has been the Under Secretary for Management since 2007. He is the longest serving “M in the history of the State Department, and only the second career diplomat to encumber this position. U/S Kennedy’s departure is a major change, however, it is not unexpected.

The “M” family of offices is the train that runs the State Department, it also affects every part of employees lives in the agency. But there are 13 offices under the “M” group.  Four departures this week including Kennedy, plus two previous ones do not make the “entire” senior management.  If there are other retirements we are not hearing, let us know.  But as one former senior State Department official told us  too much hyperventilation at the moment “is distracting from things that really are problematic.”  

The challenge now for Mr. Tillerson who we expect will be confirmed as the 69th Secretary of State next week, is to find the right successor to lead the “M” group.  We hope he picks one who knows the levers and switches in Foggy Bottom and not one who will get lost in the corridors.

Update: Via CNN “Any implication that that these four people quit is wrong,” one senior State Department official said. “These people are loyal to the secretary, the President and to the State Department. There is just not any attempt here to dis the President. People are not quitting and running away in disgust. This is the White House cleaning house.”

Update: Statement from Mark Toner, Acting Spokesperson:

“As is standard with every transition, the outgoing administration, in coordination with the incoming one, requested all politically appointed officers submit letters of resignation. The Department encourages and advocates for senior officers to compete for high level offices in the Department. These positions are political appointments, and require the President to nominate and the Senate to confirm them in these roles. They are not career appointments but of limited term. Of the officers whose resignations were accepted, some will continue in the Foreign Service in other positions, and others will retire by choice or because they have exceeded the time limits of their grade in service. No officer accepts a political appointment with the expectation that it is unlimited. And all officers understand that the President may choose to replace them at any time. These officers have served admirably and well. Their departure offers a moment to consider their accomplishments and thank them for their service.”

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U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance

Posted: 5:08 pm PT

 

The message below addressing sexual assault was sent to all State Department employees on November 22, 2016.  Several copies landed in our inbox.  The State Department sent us a note that says they want to make absolutely sure that we have seen this, and gave us an “officially provided” copy.

 

A Message from Under Secretary Pat Kennedy
November 22, 2016

Sexual assault is a serious crime.  It can traumatize victims and have a corrosive effect on the workplace.  The Department is determined to do all it can to prevent sexual assault, and, if it does occur, to support victims and bring the perpetrators to justice.  We are committed to effectively and sensitively responding to reports of sexual assault and to ensuring victims are treated with the care and respect they deserve.

The Department has policies and procedures relating to sexual harassment and workplace violence.  We recognize these policies may not address all issues specific to sexual assault and that sexual assault is more appropriately dealt with in its own FAM section.  At my direction, an inter-bureau taskforce is in the process of creating this new FAM section.  Among the issues the taskforce will take up are reporting processes, confidentiality, sexual assault response training, and potential conflict of interest issues.

As we work to complete a stand-alone sexual assault FAM section, it’s important to note that there are and have been policies and procedures in place to help employees and their family members who are sexually assaulted get the medical care they need and to bring perpetrators to justice.

Medical services are available at post, and personnel from the Bureau of Medical Services (MED) can also provide advice from Washington, DC.  Post’s Health Unit healthcare providers are the first responders for medical evaluation and treatment overseas and will abide by strict patient/provider confidentiality.  An employee or member of the Department community who has been sexually assaulted may also report the incident to MED’s Clinical Director (currently Dr. Behzad Shahbazian) at 202-663-2976 during business hours.  After hours and on weekends/holidays, victims may contact the MED Duty Officer at 202-262-9013 or via the Operations Center at 202-647-1512.

For reported sexual assaults that are committed by or against members of the Department community or occur within a COM facility or residence, RSOs serve as the law enforcement first responders.  Every reported sexual assault is handled as a criminal matter that may be prosecuted in the United States under federal extraterritorial laws.  For more guidance on the handling of such cases, see 16 STATE 56478.

If a victim overseas wants to report a sexual assault to law enforcement authorities, but prefers not to report it at post, he or she can contact the Office of Special Investigations (DS/DO/OSI), via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov<mailto:DS-OSIDutyAgent@state.gov>.  The DS/DO/OSI duty agents are available 24 hours a day, seven days a week and can investigate an allegation independent of post management.  OSI agents have been trained to handle such cases and will work with the victim and can also provide information about the Victims’ Resource Advocacy Program available at vrap@state.gov<mailto:vrap@state.gov>.

Victims may also report sexual harassment directly to the Office of Civil Rights<http://socr.state.sbu/OCR/Default.aspx?ContentId=6666> (S/OCR) at http://snip.state.gov/f5h or via phone at 202-647-9295 and ask to speak with an Attorney-Adviser.  Pursuant to 3 FAM 1525, S/OCR oversees the Department’s compliance with anti-harassment laws and policies and conducts harassment inquiries.

The working group developing the new FAM section is consulting with other agencies about best practices in such areas as communication, training, and post-attack medical and mental health support and will integrate appropriate elements of these programs to ensure that the Department’s policies on sexual assault are victim centered and effective.

The Department’s position is clear: there is zero tolerance for any form of violence, including sexual assault, within our Department community. We understand these are sensitive and difficult situations, but we strongly encourage victims to come forward so the Department can take the appropriate steps to ensure the victim’s safety and bring the perpetrator to justice.

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Sexual Assault Related posts:

@StateDept Updates Policy Guidance on Special Rest and Recuperation (SR&R) Travel

Posted: 12:12 am ET

 

On August 10, 2016, the State Department updated its policy guidance on Special Rest and Recuperation (SR&R) for the Foreign Service at State, USAID, Commerce, Agriculture and BBG.  SR&R is discretionary R&R travel authorized by the Under Secretary for Management.  These are additional R&R trips for posts already designated for R&R trips as specified in 3 FAM 3725.2, or for a post that does not normally qualify for an R&R but experiences extraordinary circumstances that warrant a one-time R&R.  Note that due to their immediate proximity to the United States, Mexico border posts are not eligible for SR&R (or R&R) according to the Foreign Affairs Manual.

3 FAM 3727.1 Special Rest and Recuperation (SR&R)
(CT:PER-828; 08-10-2016)
(Uniform State/USAID/Commerce/Agriculture/BBG)
(Applies to Foreign Service Employees only)

a. In extraordinary circumstances, the Under Secretary for Management (M), acting on behalf of the Secretary, may authorize additional R&R trips for posts already designated for R&R trips as specified in 3 FAM 3725.2, or for a post that does not normally qualify for an R&R but experiences extraordinary circumstances that warrant a one-time R&R. This discretionary R&R travel authorized by M is known as Special R&R travel (SR&R).

(1) With the exception of Mexico border posts, any post that is in unaccompanied status or has a combined Post Differential and Danger Pay rate of 35 percent will automatically qualify for one SR&R.

(2) If a post does not automatically qualify for one SR&R or the post automatically qualifies for one SR&R but would like to request additional SR&Rs, that post must seek authorization by having the appropriate regional bureau executive director send a memorandum to the Director of the Office of Allowances (A/OPR/ALS). The memorandum must include a clear justification (in 250 words or less) for any requested SR&R including specific extraordinary conditions of hardship which exist at post. The Director of A/OPR/ALS will convene a nine-member committeewhich shall include one representative from each regional bureau, HR, M/PRI, and Allowancesto review all SR&R requests and send recommendations to M for final approval. In order to recommend an SR&R to M, seven of the nine committee members must vote in favor of the SR&R. A/OPR/ALS will notify all requesting offices of Ms determination and update Special R&R information in the annual bidding tool. One-year Priority Staffing Posts (PSP) and posts with Service Recognition Packages (SRP) fall outside the purview of this process.

(3) Authorization for Special R&R expires annually. Requests for new, multiple, or continuation of Special R&R travel must be resubmitted to regional bureaus by memorandum no later than May 15 each year.

(4) The SR&R qualification process was changed in August 2016. For posts that will lose one or more SR&Rs under the new process, personnel who were serving at or paneled to those posts during the 2016-2017 winter cycle will be grandfathered in under the old system for the length of their tour. This means that those individuals will be awarded the SR&Rs that they would have been given under the system immediately prior to the change in August 2016.

c. The Under Secretary for Management may designate in writing a post for a SR&R where the tour of duty is not traditional. A Special R&R may be warranted because of extreme danger, unaccompanied post status, severely substandard living conditions, extreme isolation, or other unusual conditions. Because of their immediate proximity to the United States, Mexico border posts are not eligible for SR&R (or R&R).

d. Clearances for initiating and terminating a SR&R must be obtained by the requesting regional bureau from other foreign affairs agencies when such agencies have personnel at post. (For USAID, contact the regional bureau AMS staff.)

e. When approval for a SR&R is requested from M, the regional bureau executive director shall recommend whether all employees currently at post or employees arriving at post will be eligible for it. For example, employees on TDY; employees whose departure from post is imminent; or new employees who will not experience the same degree of hardship that current employees have experienced, might be excluded. If M approves the SR&R, the post shall be notified of any such limitations by the regional bureau.

3 FAM 3727.2 Eligibility and Tour of Duty
(CT:PER-828; 08-10-2016)
(Uniform State/USAID/Commerce/Agriculture/BBG)
(Applies to Foreign Service Employees only)

a. The Departments policy for time spent at post for Special R&Rs differs from that of regular R&Rs discussed in 3 FAM 3722, paragraph a. For example, SR&Rs may be authorized for posts with a tour of duty of less than 2 years. In addition, the employee is not required to complete the requirements for the regular R&R in order to be eligible for the Special R&R. For:

Tour of duty of less than 2 years: An employee must be able to complete a minimum of 12 months at post to be eligible for the Special R&R. Generally, a post with a tour of duty of less than 2 years will not be authorized more than one Special R&R.

Tour of duty of 2 years: Employees at posts with 2-year tours of duty (including a split 4-year tour of duty) must be able to complete a minimum of 12 months at post to be eligible for a Special R&R. Generally, no more than two R&R trips (Special and/or regular) will be authorized for posts with a tour of duty of 2 years.

Tour of duty of 3 years: Employees, whose assignments are extended to 3 years at posts that have been granted both Special and regular R&Rs, may receive an additional R&R trip for the extra year of service. Generally, no more than three R&R (Special and regular) trips will be authorized for posts with a tour of duty of 3 years.

b. The Department policy for time spent at post for Special R&Rs differs further in the case of employees serving at certain posts specifically designated by the Director General for home leave after completion of 12 months of continuous service abroad. Employees in such a category should consult applicable service recognition packages and post policies to determine eligibility for R&R travel.

c. The Bureau of Human Resources, Office of Employee Relations, Employee Programs Division, is available for policy guidance.

Read in full:  3 FAM 3720 REST AND RECUPERATION (R&R) TRAVEL (changes are in magenta).

 

Related items:

3 FAH-1 H-3720  | REST AND RECUPERATION (R&R) TRAVEL

3 FAH-1 Exhibit H-3722(1)  Posts and Designated Relief Areas For R&R Travel

 

 

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The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight

Posted: 5:04 am ET

 

FP’s John Hudson recently wrote a profile of the the State Department’s powerful Under Secretary for Management (M). The official spox, John Kirby is quoted in the article, as well as former acting assistant secretary for NEA Beth Jones, and former assistant secretary for CA Janice Jacobs. Just about everyone quoted in the profile, even those with complimentary quips, spoke anonymously to avoid getting into hot water

John Hudson’s profile starts with the line — “In a town infamous for throwing bureaucrats under the bus, Patrick Kennedy’s survival is the stuff of legend.”

Here are some of the quotes extracted from the profile:

“Pat Kennedy is the most powerful guy you’ve never heard of,” said a former diplomat, who like many others spoke on the condition of anonymity to avoid angering the influential government boss.

“The guy has nine lives” a former diplomat said of Kennedy, who has spent more than 40 years at the State Department.

“No one works harder and cares more about the day-to-day management of diplomacy,” said a foreign service officer.

“Pat Kennedy is one of the main gateways to getting an ambassadorship,” said a career foreign service officer. “He comes to people’s aid or demise depending on what they’ve done for him.”

“Like Stalin, his power comes from his understanding and control over the bureaucracy,” said a former State Department official.

“He needs to groom a successor, but he hasn’t done that,” said one foreign service officer.

“He’s an extraordinary public servant and a pillar of this Department,” said State Department spokesman John Kirby.

“Kennedy is the quintessential bureaucrat,” said Rep. Mike Pompeo (R-Kan.).

“When anything happens in the world, someone at the White House is going to call Pat first,” said Beth Jones, the former acting assistant secretary of state for Near East Affairs.

Jones, a longtime Kennedy ally, volunteered during an interview: He knows “where all the bodies are buried.”

“If the next secretary of state asks him to stay on, I bet anything he’ll say yes,” said Jones, a longtime acquaintance of Kennedy and his wife.

“Quite frankly, I’m not sure what Pat would do in retirement. He gives a new definition to the word workaholic,” said Janice Jacobs, a former assistant secretary of state for Consular Affairs and the Department’s current Transparency Coordinator.

Read the entire piece below:

We should add that as of November last year,  U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department. He is apparently 67 years old. That’s two years past the mandatory retirement age for ordinary FSOs.  Sec. 812 of the Foreign Service Act of 1980 does says that “Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated.” So there’s that, save by section (a).

He certainly has admirers and critics, even from readers of this blog. When the Hudson profile  came out, half a dozen folks sent us the link to the FP article.

One complaint we’ve heard is that rather than ask, “what’s good for the mission?”management type folks allegedly say things like “Pat would like that” or “Pat wouldn’t like that!”   A State Department staffer who would only speak on background said that “It’s not healthy for an organization when people associate one man with the organization itself.”

The Under Secretary of State for Management serves as principal adviser to the Secretary and Deputy Secretary on matters relating to the allocation and use of Department of State resources (budget, physical property, and personnel), including planning, the day-to-day administration of the Department, and proposals for institutional reform and modernization. Specific duties, supervisory responsibilities, and assignments have varied over the years according to history.state.gov.  There is no/no other position in Foggy Bottom that has a more significant impact on the day to day lives of employees and family members than the Under Secretary of State for Management.

Since 2009, the State Department was authorized a Deputy Secretary of State for Management and Resources (D/MR), the third highest ranking position at the agency.   Jack L. Lew stayed from January 28, 2009 – November 18, 2010, before moving on to better jobs. Thomas R. Nides was in from January 3, 2011 – February, 2013, then rejoined Morgan Stanley as vice chairman.  Heather Anne Higginbottom joined the State Department in 2013 after a stint at OMB. One or two or all of them may show up again if there is a Clinton White House. Or an entirely new crew will show up if there is a Trump White House. Forgive us for imagining that nightmare (by the way, 121 GOP National Security leaders wrote an open letter in opposition to a Donald Trump presidency).

Michael Singh writing about The Dysfunction Exposed by the Clinton Investigation in the State Department and Beyond notes that “the State Department now has two deputy secretaries instead of one, meaning that resolving the tension between resource constraints and policy priorities is now organizationally the responsibility of the secretary rather than a deputy.” Heh!  The thing is, Secretary Kerry is almost never home and his deputy is also often on the road. You’d think that D/MR would be running the agency, that is, if she, too, is not traveling.  But, you can probably guess who actually runs the building.

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U.S. Secretary of State John Kerry poses for photo at the groundbreaking ceremony for the U.S. Diplomacy Center with former Secretaries of State Henry A. Kissinger, James A. Baker, III, Under Secretary for Management Patrick F. Kennedy, Hillary Rodham Clinton, Madeleine K. Albright, and Colin L. Powell at the U.S. Department of State in Washington, DC on September 3, 2014. [State Department photo/ Public Domain]

Here is a quick timeline of U/S Kennedy’s career with some of the more significant events the State Department confronted through the years:

1973 | Kennedy joined the Foreign Service

1973 – 1993 | he served in a number of positions in Washington and overseas, including as Management Counselor at the Embassy in Cairo and Executive Director and Deputy Executive Secretary of the Executive Secretariat.

1993 – 2001 | he became Assistant Secretary of State for Administration (State/M/A) during President Clinton’s two terms in the White House from 1993-2001.

— concurrently from August 1996 to August 1997 he served as the Acting Under Secretary for Management

— in 1998 he served as Acting Assistant Secretary of State for Diplomatic Security

— from 1997 to 2001, he served as the coordinator for the reorganization of the foreign affairs agencies.

February 2000 | he was nominated as Representative of the U.S.A. to the European Office of the United Nations (Geneva); nomination was not acted upon by the Senate (see)

September 2001 – May 2005 |  he was 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 (CPA) in Iraq

— From May 2004 to late August 2004 as the Chief of Staff of the Transition Unit in Iraq

February 2005 to April 2005, | he headed the Transition Team that set up the newly created Office of the Director of National Intelligence (ODNI)

April 2005 to May 2007 | he was Deputy Director of National Intelligence for Management (ODNI/M)

May 2007 – November 2007 | he was Director of the Office of Management Policy, Rightsizing, and Innovation (State/M/PRI)

November 2007 | he was appointed Under Secretary of State for Management (M). He was one of the three appointees as “M” in the GWBush tenure, and the first career diplomat. He followed Grant S. Green, Jr. who served in the Bush’s first term under Secretary Powell, and  Henrietta H. Fore, who served from 2005-2007 in the Bush’s second term under Secretary Rice. U/S Kennedy was kept on as “M” during the first Obama term under Secretary Clinton, and continued in the same position under Secretary Kerry.

In November last year, U/S Kennedy became the longest serving Under Secretary of State for Management in the history of the State Department.  Besides Ronald Ian Spiers who served as “M” from 1983–1989, Kennedy would be the only other  Foreign Service Officer appointed to this position.

One of the first incidents that publicly featured U/S Kennedy occurred in November 1993.  Then Secretary of State Warren Christopher dismissed two mid-ranking State Department employees, apparently for their role in searching the personnel files of 160 former Bush Administration officials. The NYTimes named two officials who were political appointees rewarded with State Department jobs for their work in Bill Clinton’s Presidential campaign and the transition to the White House. According to the DPB at that time, the Assistant Secretary for Administration Patrick Kennedy “had immediately taken custody of the cartons of files in  question and had put them in a place where they could be reviewed by the  Inspector General;” within 24 hours reportedly of the initial account appearing in the news.

It’s no wonder that we’ve heard Mr. Kennedy dubbed as the State Department’s Mr. Fix-It.  In October 2007, Mr. Kennedy was also involved in the investigation into the behavior of Blackwater Worldwide following the Nisour Square shooting during Secretary Rice’s tenure (see Ambassador Patrick F. Kennedy on the Report of the Secretary of State’s Panel on Personal Protective Services in Iraq). Diplomatic Security’s Richard Griffin resigned in the wake of that deadly shooting and amidst growing questions about the State Department’s use of private contractors to protect diplomats in Iraq.

In March 2008, the State Department fired two employees and reprimanded a third for improperly opening electronic information from the passport file of then Senator Barack Obama. Mr. Kennedy talked about the unauthorized accessed of Obama passport records of yet another on-the-record briefing.

In September 2009, allegations surfaced via POGO on the shortcomings in Kabul embassy security and in State Department oversight of a guard force supplied by ArmorGroup, North America (AGNA), owned by Wackenhut Services, Inc. U/S Kennedy was once again in Congress on behalf of the State Department.

In October 2012, U/S Kennedy made one of his appearances in Congress concerning the Benghazi attack. See Benghazi Hearing: Looking for Truth Amidst a Partisan Divide, Outing OGA, Zingers.

In August 2013, U/S Kennedy testified in the Bradley Manning case on the release of classified diplomatic cables to the WikiLeaks website.

In June2016, he was deposed in connection with an FOIA litigation related to the Clinton email server. See JW v. @StateDept: Under Secretary Patrick Kennedy’s Testimony (Transcript)

Perhaps, one of the most notable case, in the history of the State Department came in 1998. In 1998, the twin embassy bombings in Nairobi and Dar es Salaam occured; the ARB Report dated January 1999 is online here. Mr. Kennedy who was then the Assistant Secretary for Administration (A) — having relinquished his acting capacity in Diplomatic Security, but nevertheless an authoritative spokesman on issues related to security and the recent bombings in Africa” according to the State Department spokesman — was the point man.

Prior to the attack, in December 1997, the then U.S. ambassador to Nairobi, Prudence Bushnell expressed her concerns over the vulnerability of the embassy. She apparently requested a security assessment team and stated her desire to have a new building. In the DPB of August 14, 1998, the press wanted to know who did Ambassador Bushnell write to express her concerns. Mr. Kennedy’s response at that time is worth noting:

“Bonnie Cohen, the Under Secretary for Management, who would be the Under Secretary that an ambassador would communicate with on something that involved security, logistics, construction, management.”

Bonnie Cohen was a non-career appointee who served as “M” from August 1997 to January 2001 under Madeleine Albright.

In the July 9, 2012 cable (12 TRIPOLI 590), Ambassador Stevens reported that, “Overall security conditions continue to be unpredictable, with large numbers of armed groups and individuals not under control of the central government, and frequent clashes in Tripoli and other major population centers.” The cable requested continued TDY security support for an additional 60 days, through mid-September 2012. The request also said that 13 security personnel would be the “minimum” needed for “transportation security and incident response capability.”

In his on-the-record briefing following the Benghazi attack, U/S Kennedy said:

I’ve been confirmed, I think, three or four times. Every time you’re confirmed, you tell the Congress that you will appear before the Congress for hearings. I regard it as both an honor and a privilege to be called. The Legislative Branch of the U.S. Government is incredibly important, and it is my job as a confirmed official to appear before them. They had a lot of questions. We answered lots of their questions. I regard that as my job.

That’s after a long grilling in Congress.

We came up with a bureaucrat’s motto — always willing and ready, and never, ever show an angry face.

What remains striking to us is that one assistant secretary, and three DASes, including one from the NEA bureau with no direct security responsibility for Benghazi was where “the rubber hits the road.”  

Inside Harry S. Truman’s building, named after the president noted for his motto, the buck stops here, it seems that the buck stopped everywhere and nowhere.

Ah — bonus email from Senator BAM of Maryland, the longest-serving woman in the history of the United States Congress via the email dump at foia.state.gov:

Screen Shot

 

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Court Grants Request to Interview Clinton Aides and @StateDept Officials Under Oath Over Email Saga

Posted: 3:57 am EDT

 

On February 23, Judge Emmet Sullivan of the District Court of the District of Columbia granted Judicial Watch’s (JW) motion for discovery. The case is Judicial Watch vs. U.S. Department of State (Civil Action No. 13-cv-1363 (EGS)). Court records say that JW will need to submit a Discovery Plan To Court and Counsel by 3/15/2016. The State Department’s response is due by 4/5/2016 and JW’s reply is due by 4/15/2016.

Below is an excerpt from JW’s Motion for Discovery:

While Mrs. Clinton ultimately returned approximately 55,000 pages of federal records from this “off-grid” system to the State Department, the process for identifying the federal records on the system was undertaken by Mrs. Clinton’s private attorneys, individuals only accountable to the former secretary, not employees accountable to the Department. In addition, there is no evidence that the process complied with appropriate federal records laws, rules, and regulations. The net result is that the integrity of the State Department’s FOIA process has been completely and thoroughly undermined to the substantial detriment of FOIA requesters like Plaintiff who submitted requests to the Department implicating Mrs. Clinton’s official email. In addition to ensuring that the State Department has satisfied its FOIA obligations with respect to the request at issue in this case, a compelling need exists to restore the integrity of the FOIA process at the State Department and ensure accountability for the FOIA violations that occurred. Before this can be accomplished, however, Plaintiff requires discovery to uncover and present admissible evidence to the Court about whether the State Department and Mrs. Clinton deliberately thwarted FOIA. Plaintiff also requires discovery of the system itself to determine possible methods for recovering whatever responsive records may still exist. The Court therefore should grant Plaintiff time to conduct discovery and obtain admissible evidence.
[…]

Plaintiff submits that discovery of the following facts about the use of the “clintonemail.com” system are necessary for the Court to determine whether the State Department and Mrs. Clinton deliberately thwarted FOIA:

• Who at the State Department besides Mrs. Clinton and Ms. Abedin used an email address on the “clintonemail.com” system to conduct official government business;

• Who at the State Department knew that Mrs. Clinton and Ms. Abedin were using “clintonemail.com” email addresses to conduct official government business;

• Were any State Department monies, resources, or personnel used to create the “clintonemail.com” system;

• Was Mrs. Clinton assigned a “state.gov” email address and, if not, why was she not assigned one;

• Why did the State Department not provide Mrs. Clinton with any personal computing devices to conduct official government business;

• Was Mrs. Clinton advised at any point to use a “state.gov” email address to conduct official government business instead of a “clintonemail.com” email address;

• Was Ms. Abedin advised to use her “state.gov” email address exclusively to conduct official government business;

• Under what circumstances did Ms. Abedin use the “clintonemail.com” system to conduct official government business;

• From January 21, 2009 to the day that the New York Times reported that Mrs. Clinton used the “off-grid” system, how did the State Department handle FOIA and other legal requests that implicated Mrs. Clinton’s email;

• From January 21, 2009 to the day that the New York Times reported that Mrs. Clinton used the “off-grid” system, did anyone at the State Department consider publicly disclosing the use of the “clintonemail.com” system to conduct official government business;

• Who at the State Department assisted Mrs. Clinton and Ms. Abedin in using the “clintonemail.com” system or enabled them to use it to conduct official government business;

• Did the State Department deliberately conceal the existence of the “clintonemail.com” system from the public, and, if so, who at the State Department assisted with ensuring that the public would not find out about the use of the system to conduct official government business;

• Were State Department employees instructed not to inform the public or the National Archives and Records Administration about the use of the “clintonemail.com” system; and

• At any time between January 21, 2009 and the day that the New York Times reported that Mrs. Clinton used the “off-grid” system was any State Department employee disciplined or reprimanded for questioning the use of the “clintonemail.com” system to conduct official government business.

The discovery motion says JW will need “to depose State Department officials or employees who had oversight and management responsibilities relating to information systems at the department, as well as officials or employee who were involved in planning and assisting with Mrs. Clinton’s transition and arrival at the State Department.”

The names cited in the court filing includes the Under Secretary for Management Patrick F. Kennedy, the Director of IPS John F. Hackett and the Executive Secretary Joseph E. Macmanus.

Just so you know it doesn’t stop there, the filing also includes this:

To the extent relevant personnel have left the State Department’s employment, Plaintiff may have to serve third party deposition and/or document subpoenas on such persons after they have been identified. It also may include third party depositions and/or document requests to private persons or entities who may have advised or assisted Mrs. Clinton on the establishment of the system, including persons registered the domain name and obtained, set up, and coordinated the equipment, software, data files, etc. needed for the system. It may also include the submission of interrogatories and document requests to the State Department.

On October 3, 1984, Judge Sullivan was appointed by President Ronald Reagan to serve as an Associate Judge of the Superior Court of the District of Columbia. On November 25, 1991, Judge Sullivan was appointed by President George H. W. Bush to serve as an Associate Judge of the District of Columbia Court of Appeals. On June 16, 1994, Judge Sullivan was appointed by President William J. Clinton to serve as United States District Judge for the District of Columbia. Here’s the troubled judge:

Professor Jonathan Turley writes that “any depositions might result in refusals to testify by key officials. The invocation of Fifth Amendment protections against self-incrimination would have significant political impacts. After all, no one would suggest that Sullivan is part of a right-wing conspiracy or runaway investigation. The refusal to testify would reflect the real danger of tripping the wire on federal classification laws as well as more general concerns that statements conflicting statements with those government investigators could trigger charges under 18 U.S.C. 1001.” Read more below:

Read the entire motion here:

 

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Senate Pit Bull Digs Up Old Bone About State Dept’s Alleged Prostitution Case

Posted: 12:50 am EDT

 

We’ve written previously about Senator Chuck Grassley’s pursuit for answers related to a State/OIG report on Trafficking in Persons (see Senator Grassley Eyes Linda Howard Case, Seeks Answers on TIP Policy and @StateDept Employees).   On November 23, Senator Grassley threw a larger net and has now included questions about the State Department’s response to an old allegation related to prostitution and a U.S. ambassador. Excerpt from the letter from Senator Grassley to Secretary Kerry:

[T]he Belgium case raises questions as to whether the Department takes allegations of TIP-related misconduct seriously and investigates them thoroughly, free from undue influence and favoritism. With the foregoing in mind, I respectfully request on behalf of this Committee that you submit responses to the following questions by December 11, 2015:

1. Why did the Department halt DS’s preliminary inquiry of the Belgium case and treat this matter as a “management issue”?

2. Why did Under Secretary Kennedy, DS, and L provide OIG with three different explanations of the decisions referenced in Question 1?

3. Was Secretary Clinton informed of the decision to halt DS’s investigation of the Belgium case or to treat it as a “management issue”? If so, please provide all related records, including emails. If not, please explain why not.

4. In how many other cases involving allegations of employee misconduct was Ms. Mills designated as the individual to conduct the investigation?

5. Under Secretary Kennedy told OIG that he had relied on Section 4322.2 of the FAM to address misconduct allegations involving other Chiefs of Mission. The Under Secretary acknowledged that such misconduct issues can arise several times each year. During Mr. Kennedy’s tenure as Under Secretary, how many misconduct allegations involving Chiefs of Mission have been treated as a “management issue”?

6. OIG states that it searched for and found no contemporaneous evidence of the Under Secretary’s determinations in this case, or of Ms. Mill’s investigation.31 OIG made this finding before public revelations that Secretary Clinton and her senior aides conducted official Department business through a private email server. Does the Department currently have access to any of the records OIG was unable to find? If not, will you commit to notifying this Committee as soon as such access is obtained?

7. In September, I wrote you about Linda Howard, who was found liable in federal district court for human trafficking offenses committed against her Ethiopian housekeeper, while Howard was stationed as a diplomat at the U.S. Embassy in Japan in 2008 and 2009.32 Reportedly, however, two years after DS interviewed the victim housekeeper about those offenses, Howard not only remained employed at the Department, but even received an honor award and a cash bonus.33 Was the Linda Howard case also treated as a “management issue”?

Full letter is here:

According to that 2014 report, the OIG “discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials. OIG found no evidence that any of those inquiries were halted and treated as “management issues.”

Senator Grassley has been doggedly asking questions about various State Department issues the last few years.  We seriously doubt that the senator can be persuaded to drop this old bone. He’s up for reelection in 2016 so unless he is unable to multi-task, he probably will continue looking for answers on this  matter.  And of course, some folks will probably scream partisan witch hunt, and we can understand that, but …  we also think these are actually questions that need some real answers.

Should be interesting to see what he digs up.

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Related items:

— July 16, 2015: The ambassador’s tale: Lessons I learned about success and scandal by Former U.S. Ambassador  to Belgium Howard Gutman (WaPo Magazine).

— 09/30/14   Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01)  [685 Kb] Posted on October 16, 2014

— May 10, 2012 | ROP Case No. 2011-064 | FSGB grievance case (read online) that may or may not be related to the Howard case (names have been redacted) but the timeframe and circumstances appears similar, and it looks like DOJ declined to prosecute the case in 2011.

 

Related posts:

 

 

NEA and SPP Language Divisions Moving Out of the Foreign Service Institute?

Posted: 12:47 am EDT

 

The Foreign Service Institute is located at the George P. Shultz National Foreign Affairs Training Center (NFATC) in Arlington, Virginia.  An expansion of facilities on FSI’s 72-acre campus in 2010 added 100 classrooms. About 2,000 students are on campus daily.

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It looks like that expansion is not enough.  There is apparently a lot of rumors circulating that the SPP and NEA language divisions will be moving out of SA-42 (FSI) to “a new space somewhere along the Orange line.”  We understand that this topic has lighted up the Secretary’s Sounding Board, never mind that JK is traveling.

This rumored move, if true, would reportedly affect 1) the Division of Near East Central, and South Asian Languages (FSI/SLS/NEA) which directs, designs and conducts proficiency-based language training for Arabic, Near Eastern, Turkic, Central and South Asian languages; and 2) the Division of Slavic, Pashto, and Persian Languages (FSI/SLS/SPP) which directs, designs, and conducts proficiency-based language training for all Slavic languages including Bosnian, Bulgarian, Serbo-Croatian, Czech, Macedonian, Polish, Russian, Serbian, Slovak, Slovenian, and Ukrainian, Pashto and Persian languages including Dari, Tajiki, and Farsi.

People are apparently not happy about this rumored move. Some are posting questions on the Board, and hoping to find some clarity on what to expect next. Here are some of the employees’ concerns over the future of language training at FSI:

  • Looking for transparency:  “Given the massive number of employees this change will impact, both students and instructors, can we get a little transparency on what’s going on?”  One commenter writes that many find it “odd that language studies, arguably the priority purpose of FSI, would see such a huge change with little to no public discussion or outreach from FSI.”
  • Long-term vs. short-term: Why was the decision made to move long-term language studies (9-12 months in length in many cases) instead of short-term and intermittent courses (leadership, regional training, stability operations, area studies, world languages, etc.)?
  • Co-location: Will the new facilities be co-located with language division administration? This is a big deal in the event that a student has to make changes with class assignment).
  • Transportation/Commute/Parking : How will people commute to the new facilities? Is there a bus? Is there equally priced parking available nearby? Concerns that transportation issue affect not just students but also many of the language instructors and staff who live quite far from FSI and even further from Rosslyn, where there is a shuttle.
  • Language Lab/Tools: Are the language learning tools available at the new facilities? Language labs are a big part of reaching proficiency standards, will students have to go back to FSI in order to access labs?
  • Daycare: For personnel with kids, employees are interested whether they will have access to daycare. When transferring or rotating assignments, Foreign Service personnel with young kids rely heavily on the availability of reliable and accessible childcare at FSI. “The provision of childcare has always helped alleviate some of the stresses associated with the rigors of intensively learning a new language.” Depending on the new location, there is also the potential for disruption in the Oakwood housing program.
  • Town Hall: One requested a town hall meeting with the FSI administration for current and future students in the languages affected “so people can ask questions and get more information as they begin to plan for language training.”

 

We should note that both the NEA and SPP language divisions are part of FSI’s School of Language Studies (SLS). The School of Language Studies (SLS), with 684 staff members, 3 overseas schools, and 11 regional language programs, offers training and testing in more than 70 languages.   According to the OIG, SLS is the largest of FSI’s schools, with a base budget of $33.5 million in FY 2012 and a total budget of $46.7 million, which includes $5.5 million in reimbursements from other agencies.

In December 2012, SLS had 684 staff members: 374 direct-hire employees and 310 full-time equivalent contractors. SLS is managed by a dean and two associate deans and is composed of a testing division, five language divisions, a Curriculum and Staff Development division, and an administrative section. SLS trains employees of the Department, USAID, and other agencies in 70 languages ranging from Spanish to super hard languages such as Korean.

In any case, there is a slow train for consolidation humming in the State Department. One of Diplomatic Security’s arguments for building the FASTC in Virginia instead of Georgia is so all the training programs can be in one location.  Just recently, the IRM training located in Warrenton, VA had also been moved to the FSI campus. If the NEA/SPP move is true, is this SLS’ initial move at dispersing its divisions?

If true, the question then becomes “why”?

The most recent OIG inspection of FSI is dated March 2013. That report notes that “SLS needs organizational and programmatic changes to strengthen pedagogy, coordination, and strategic planning. Outside review of a portion of recorded language test samples and other steps are required to address the inherent conflict of interest of SLS instructors serving as testers.” The report made 79 recommendations and 23 informal recommendations, however, we could not locate one specifically related to NEA/SPP, or the school’s expansion or spin off location outside of FSI.

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Question of the Day: Is the Secretary of State bound by the rules of the Foreign Affairs Manual or not?

Posted: 2:40 am EDT

 

Is the Secretary of State bound by the rules of the Foreign Affairs Manual or not? That’s the question asked during the August 31 press briefing at the State Department.

QUESTION: Two other quick things. One is: Do you believe as a general matter that the Secretary of State, whomever he or she may be, is bound by the rules in the Foreign Affairs Manual or not? I mean, it may be that they’re not, that they have sort of a status that’s different and that therefore they have the rights to not follow it.

MR TONER: I mean, I would just say that every State Department employee from the Secretary on down takes the handling of classified information very seriously and is aware of the rules surrounding those classification standards.

In reading these excerpts, it is useful to remember the  State Department’s Most Candid Nugget.  A bit later, another one tried asking this again:

QUESTION: On the thing that everybody is obliged to – I mean, can you not address squarely whether the Foreign Affairs Manual applies to the Secretary of State or not?

MR TONER: I mean, I can say that, again, we, from the Secretary on down, take the handling of classified materials and the rules surrounding those – so I mean in that sense, including the Foreign Affairs Manual but also other regulations, stipulations, training that we undergo in how to handle classified and confidential information.

QUESTION: You take them —

MR TONER: Seriously. I’m sorry.

QUESTION: But does that mean that you’re bound by them?

MR TONER: We’re all bound by – how we treat classified information is, as I said, an important component of the work we do, but I’ve also made clear that when you look at classified material it is not an exact science, it’s not black and white, it’s not always clear, so there’s strong feelings and different beliefs about when something is classified, whether it’s born classified, whether it should be classified later. These are all questions that are being answered in a deliberative and a thorough way that we’re looking at that’s not somehow some cabal of people in a small room somewhere making these decisions. It’s an interagency process. It involves the IC, it involves other agencies as it touches their equities. So that’s our focus.

QUESTION: Mark, since you just said those —

MR TONER: Please, go ahead.

QUESTION: — rules and standards are so important that everyone in this building has to follow them, can you say from that podium categorically that Secretary Clinton followed the rules and the law?

MR TONER: I’m just not going to answer that question. It’s not our goal, it’s not our function in this regard in releasing these emails. Our goal and our sole purpose when we look at these emails is to decide – well, first to publish them according to the FOIA request that we have received. But in doing that, looking at them and deciding whether any of that material needs to be redacted and subsequently classified.

QUESTION: Isn’t it a little odd that the State Department can’t state categorically that the Secretary of State followed the rules?

MR TONER: All I can say is that there are – and I’ve alluded to there – I’ve not alluded to it, I’ve said as much to Arshad: There are other reviews, and that’s really for the inspector general and other entities who are out there looking at some of these broader questions.

Click here for the DPB | August 31, 2015.

The first question starts with “Do you believe …”  They can pin Mr. Toner to the wall with giant thumb tacks but we doubt very much if they can pry a straight answer out of him on this one.  What he believes is immaterial. What the building believes is what counts. And for that, we think you’d have to go ask the Legal Adviser.

Oops, wait! Brian Egan nominated to succeed Harold Hongju Koh is still stuck in the Senate confirmation process. Originally nominated in September 2014, Mr. Egan has now waited 347 days for his Senate confirmation. He had been renominated once before on January 16, 2015 when his nomination was not acted by the Senate last year.

While the Office of the Legal Adviser (without a Senate-confirmed Legal Adviser) has not released an opinion on this subject, it apparently told the OIG that the Foreign Affairs Manual‘s disciplinary provisions do not apply to political appointees as they are “not members of the Foreign Service or the Civil Service.”

The January 2015 OIG report Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (pdf) includes the following:

[The] Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.

According to the OIG report, the Under Secretary for Management disagrees with this interpretation:

[T]he Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).

Hey, if there’s a shootout between “L” and “M”, who wins?

Okay, first, how can Legal only cites the FAM’s disciplinary provisions? The Foreign Affairs Manual is the rules book for the agency. If the disciplinary provisions do not apply to political appointees, what other parts of the FAM do not apply to them?

Can they ship construction materials with their household effects, for instance? Can they change their workdays so they only have to work Tuesdays through Thursdays and have four day weekends every week? Can they travel first class without using U.S. air carriers? Are they obligated to account for their own conduct, whether on or off their jobs? Are they allowed to accept and retain gifts given to them by foreign governments? Can they speculate in currency exchange? Can their spouses work anywhere they want? Are they allowed to invest in real estate in their host countries? And on and on and on.

So if we follow the Office of Legal Adviser’s opinion to its logical conclusion, the Secretary of State, if a political appointee is also not subject to the FAM, yes?

That’s a dreadful opinion, by the way. It puts a politically appointed secretary of state and politically appointed American ambassadors in the enviable position of rallying the troops with “follow what I say, not what I do.” Because, if that’s the case, political appointees can do anything — fundraise overseas, for example — and not have consequences, while regular employees doing exactly the same thing could be penalized.  Or they/their spouses can ship goodies for private gain using the diplomatic pouch and not have any penalty while a career FSO’s spouse would surely be penalized for doing the same thing. And if political appointees are not subject to the Foreign Affairs Manual because they “are not members of the Foreign Service or the Civil Service” the questions then become 1) why are they in the Foreign Service or Civil Service pay scale? and 2) if not the FAM, which rules are they supposed to adhere to?

Of course, this could also mean that if a Foreign Service officer is appointed Secretary of State, he/she would then be subject to the FAM because he/she is a career member of the diplomatic corps. Not that there’s any great danger of that happening. Lawrence Eagleburger is the only career Foreign Service Officer to have served as Secretary of State (appointed Secretary of State on December 8, 1992, and continued in that position until January 19, 1993). But see why that L opinion is troubling?

In any case, we do think this is an important question that ought to have a simple answer.

Except that it doesn’t.

Is the Secretary of State bound by the rules of the Foreign Affairs Manual? 

During the September 1 DPB, a reporter revisited this once more:

QUESTION: It’s a question that I asked the other day and I’d like to ask if the State Department will take a policy decision on this, not with regard to Secretary – former Secretary Clinton, but with regard to current and past secretaries of state, and that is whether it is the view of the Department that the Secretary of State is bound by the rules laid out in the Foreign Affairs Manual.

MR TONER: Okay. I mean, I —

QUESTION: As a general principle, do they apply to the Secretary of State or not, or do they apply selectively? That’s the question.

MR TONER: Okay. I will get you an answer for that.

We await with great interest Mr. Toner’s answer to this very straightforward question. We hope the reporters would keep asking this question. Every day until we all get an answer.

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