Tag Archives: Under Secretary for Management

State/M Brian Bulatao Suspends All @StateDept Diversity and Inclusion Training Programs

October 27, 2020 By in Contractors, Diversity, Federal Agencies, Hotspots, Huh? News, Racism, Realities of the FS, Regulations, State Department, Top Ranks, Training, Trends, Trump Tags: , , , , , , , ,

 

On October 23, the State Department released an ALDAC cable on the “Department Implementation of Executive Order on Race and Sex Stereotyping.” The cable came with a message from the Under Secretary for Management and Pompeo BFF Brian Bulatao. 
The guidance says that  starting Friday, October 23, 2020, the Department is temporarily pausing all training programs related to diversity and inclusion in accordance with Executive Order (E.O.) 13950 of September 22, 2020 on Combating Race and Sex Stereotyping. 
The president, who is undoubtably, the top promoter of divisiveness in this country has issued another dumpster fire here: Executive Order on Combating Race and Sex Stereotyping, September 22, 2020.
The State Department cable says that the “pause” will allow time for the Department and Office of Personnel Management (OPM) to review program content.  “The Department is in regular communication with the Office of Management and Budget (OMB) and OPM to discuss the effective implementation of E.O. 13950 and to minimize the time period needed for review to ensure approved programs can resume in a timely fashion.” 
Apparently, the Foreign Service Institute (FSI) will “collect relevant training materials” for submission to OPM’s review “in a complete, all-inclusive submission. ” 
What the heck is that? They think FSI is hiding some of their um, training?
The cable also says that the “Department continues to welcome input from employees on how to improve diversity and inclusion efforts, including from leadership, existing and emerging bureau and post Diversity and Inclusion Councils, and Employee Affinity Groups.”
Wait … emerging bureau at State? Hmmn … somebody has a pet new bureau over there, huh?
Bulatao’s message says that the Department “leadership” will be requesting in a separate cable “all bureaus and overseas missions to review and confirm that any materials related to diversity and inclusion courses or programs are consistent with the Executive Order.”
The OMB Memorandum says in part “Agency employees and contractors are not to engage in divisive training of Federal workers. Noncompliance by continuing with prohibited training will result in consequences, which may include adverse action for Federal employees who violate the Order.”
Agencies must:
“Review these trainings to determine whether they teach, advocate, or promote the divisive concepts specified in the Executive Order on Combating Race and Sex Stereotyping ( e.g., that the United States is fundamentally racist or sexist or that an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive). Reviews of specific training curriculum materials can be supplemented by a broader keyword search of agency financial data and procurements for terms including, but not limited to:
      • “critical race theory,”
      • “white privilege,”
      • “intersectionality,”
      • “systemic racism,”
      • positionality,”
      • “racial humility,”
      • “unconscious bias”
When used in the context of diversity training, these terms may help to identify the type of training prohibited by the E.O. Searching for these key words without additional review does not satisfy the review requirements of the E.O.”
And contractors?
“Contractors who are found to have provided a training for agency employees that teaches, advocates, or promotes the divisive concepts specified in the E.O. in violation of the applicable contract will be considered for suspension and debarment procedures consistent with the E.O. and in accordance with the procedures set forth in Part 9 of the Federal Acquisition Regulation.”
See OPM – M-20-37 Ending Employee Trainings that Use Divisive Propaganda to Undermine the Principle of Fair and Equal Treatment for All (September 28, 2020) (4 Pages, 4,370 KB).
Holymoly macaroni!
If  the Federal government is about to revert to just calling ’em pranks, why should training be needed, luv?
Remember that time when FBI Agents Hung A Noose Over an African American DS Agent’s Workspace Twice, and the FBI Called It “Pranks”?

Burn Bag: Foreign Affairs Security Training Center (FASTC), a Logistical Nightmare For Students

October 5, 2020 By in Coronavirus, Diplomatic Security, Functional Bureaus, MEDical, State Department, Training Tags: , , , , , ,
Grumpy Agent writes:

“The Diplomatic Security Service’s brand new Foreign Affairs Security Training Center (FASTC) on Fort Pickett, near Blackstone, Virginia is a disaster for those attending the academy. Incoming agents and those who have to attend advanced training should buckle up for a very rough ride due to a lack of planning, poor accommodations, and general haywire.

Most incoming students are housed at the Holiday Inn Express in Farmville, Virginia. Due to Covid-19, everyone is forced to remain at this little gem, conveniently located in the middle of an open field, for exactly two weeks. State calls it a “quarantine,” but no restrictions are enforced. So, the two-week lockdown is really just a waste of time and money for all parties involved. Since there is no way to keep anyone in their rooms, there is still the possibility that students could arrive at FASTC infected with Covid-19, begging the question: why bother with a fake isolation period?

Additionally, adults who are cooped up in a hotel for weeks on end with nothing to do seem to revert back to their college years of binge drinking and general debauchery. Class advisors at FASTC have openly complained that they have really gotten to know police officials in the rural one-cop town of Farmville.

Those who choose not to engage in such antics remain in their rooms with little to do but scan the 9 channels on the hotel-provided basic cable system. For an organization that purports to have a renewed focus on mental health and morale, this feels like a crisis in the making, particularly for those RSOs who are arriving from overseas posts and do not have personal transportation readily available. Walking anywhere from the hotel is not ideal unless you’re comfortable going for a stroll on the shoulder of a major highway.

As for food, take-out is really the only option, unless you’re comfortable visiting one of a few bar/restaurants that are no better than Applebees. The hotel provides no meal accommodations. If you’ll be there for a few months, expect to gain a little more than the “quarantine 15.” Also, if you have dietary restrictions, this place is not for you, unless fried chicken fingers are part of your preferred menu items.

Once your two-weeks of faux-quarantine are over, you’ll commute 45 – 60 minutes (one way) to FASTC. Students are required to shuttle themselves in government-issued vans each morning and evening. No more than five to a van (for Covid-19 safety reasons). However, many have reported cramming up to 10 in a van simply for convenience and split training locations.

The Foreign Affairs Security Training Center is a state of the art facility. The technology, instruction, resources, and training quality are unmatched by any agency and the Department should be commended for that. However, the logistical nightmare for the students must be addressed. This is unacceptable for those new to State but is probably tolerated because they don’t know any better. However, for those seasoned employees, this is categorically unsatisfactory. State and more specifically DS needs to get its act together soon and focus more on the employee rather than touting the perks of a brand new facility that may be more trouble than it’s worth.

DS already has retention and quality of life problems. Do we want to make it worse?”

The Bureau of Diplomatic Security is one of the 13 bureaus and offices under the direct oversight and supervision of the Under Secretary for Management Brian Bulatao. 
The Senate-confirmed Assistant Secretary for Diplomatic Security, Michael Evanoff resigned from his post in July 2020. It doesn’t look like a nominee has been announced to succeed Evanoff. According to state.gov, Todd J. Brown, a special agent and a career member of the Senior Foreign Service with the rank of Minister Counselor was appointed to serve as Acting DS Assistant Secretary on August 1, 2020.  
 

FASTC Map

Map of the high-speed driving track at the Foreign Affairs Security Training Center, Blackstone, Va. (Department of State Photo)

 

 

 

 

 

 

 

@StateDept Plans to Bring Self to a Screeching Halt Worldwide

August 31, 2020 By in Functional Bureaus, Leadership and Management, Realities of the FS, Spectacular, State Department, Technology and Work, Trends, U.S. Missions Tags: ,
Sender A via email:
“Do you want to know how to bring the State Department to a screeching halt in 5 minutes, worldwide? Deploy your new program overlay on the purchasing system at year end. Sounds small, right?
Nope.
Today is a workday in much of our area of the world. We have 20 days from today to finish creating and funding orders for everyone, everywhere overseas, before this year’s money runs out, and before the usual continuing resolution begins on October 1 which prevents purchasing. 
So, we got 10 days notice in August to get affidavits from *ALL* the companies around the world we order things from that they do not use Huawei, ZTE or several other Chinese manufacturers. Then that got extended to 9/30.
Except….except….we wake up this morning, and the system we use to create [purchase] orders has been updated, and now requires written verification that EVERY SINGLE VENDOR we get things from —
— whether that’s gasoline to put in the engines of our water trucks (so we don’t run out of clean drinking water) to food for the Marines who work at our embassies — 
does not/does not use Chinese (essentially) technology, NOR DO THEY USE ANYBODY ELSE WHO DOES.
Like, y’know…their internet provider, or telephones.”

 

Note: Blog announcement coming up, stay tuned!

HFAC Seeks @StateDept Documents on Possible Surveillance of Amb Yovanovitch

January 17, 2020 By in Ambassadors, Congress, Foreign Service, FSOs, Realities of the FS, Security, State Department, Trends, Trump, Ukraine Tags: , , , , , , ,

 

 

Highlighting Heroes: Ambassador Marie Yovanovitch Honors Her Oath

December 5, 2019 By in Ambassadors, Courage, Foreign Service, FSOs, Govt Documents, Impeachment Inquiry, Leadership and Management, Mike Pompeo, Pompeo, Realities of the FS, Secretary of State, State Department, Top Ranks Tags: , , , ,
It is highly likely that the State Department will not include Ambassador Marie Yovanovitch in its Highlighting Heroes initiative.  So we will do our own highlights here. No matter what is in the future for her, we and many others will remember her and honor her for her courage in speaking up first when it mattered most.
The secretary of state, proud … um defender of the rule of law only when convenient, told the committee Ambassador Yovanovitch may not attend the deposition without agency provided counsel (counsel that looks after the government not the employee’s interest), and the undersecretary for management, who oversees personnel at the State Department instructed her not to appear for a deposition. She was issued a congressional subpoena and appeared for her deposition and public testimony.
Her private counsel wrote to U/S Brian Bulatao: “Although the Ambassador has faithfully and consistently honored her professional duties as a State Department employee—including at all times following her abrupt termination as U.S. Ambassador to Ukraine—she is unable to obey your most recent directive.”
Excerpt from The Trump-Ukraine Impeachment Inquiry Report

Despite President Trump’s explicit orders that no Executive Branch employees should cooperate with the House’s impeachment inquiry and efforts by federal agencies to limit the testimony of those who did, multiple key officials complied with duly authorized subpoenas and provided critical testimony at depositions and public hearings. These officials adhered to the rule of law and obeyed lawful subpoenas.

Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State
See PDF pp 245-247

On September 13, the Committees sent a letter to Secretary of State Mike Pompeo seeking a transcribed interview with Ambassador Marie Yovanovitch and other State Department officials.287

The Committees received no direct, substantive response to this letter. On September 27, the Committees sent a letter informing Secretary Pompeo that Ambassador Yovanovitch’s deposition was being scheduled on October 2, stating:

On September 13, the Committees wrote to request that you make State Department employees available for transcribed interviews. We asked you to provide, by September 20, dates by which the employees would be made available for transcribed interviews. You failed to comply with the Committees’ request.288

Also on September 27, the Committees sent a letter directly to Ambassador Yovanovitch seeking her appearance at a deposition on October 2.289

On October 1, Secretary Pompeo sent a letter to the Committees stating:

Therefore, the five officials subject to your letter may not attend any interview or deposition without counsel from the Executive Branch present to ensure that the Executive Branch’s constitutional authority to control the disclosure of confidential information, including deliberative matters and diplomatic communications, is not impaired.290

After further discussions with Ambassador Yovanovitch’s counsel, her deposition was rescheduled for October 11. On October 10, Brian Bulatao, the Under Secretary of State for Management, sent a letter to Ambassador Yovanovitch’s personal attorney directing Ambassador Yovanovitch not to appear for her deposition and enclosing Mr. Cipollone’s October 8 letter stating that President Trump and his Administration would not participate in the House’s impeachment inquiry. Mr. Bulatao’s letter stated:

Accordingly, in accordance with applicable law, I write on behalf of the Department of State, pursuant to the President’s instruction reflected in Mr. Cipollone’s letter, to instruct your client (as a current employee of the Department of State), consistent with Mr. Cipollone’s letter, not to appear before the Committees under the present circumstances.291

That same day, October 10, when asked whether he intended to block Ambassador Yovanovitch from testifying the next day, President Trump stated: “You know, I don’t think people should be allowed. You have to run a country, I don’t think you should be allowed to do that.”292

On the morning of Ambassador Yovanovitch’s deposition on October 11, the Committees sent a letter to her personal attorney transmitting a subpoena compelling her appearance, stating:

In light of recent attempts by the Administration to direct your client not to appear voluntarily for the deposition, the enclosed subpoena now compels your client’s mandatory appearance at today’s deposition on October 11, 2019.293

Later on October 11, Ambassador Yovanovitch’s personal attorney sent a letter to Mr. Bulatao, stating:

In my capacity as counsel for Ambassador Marie Yovanovitch, I have received your letter of October 10, 2019, directing the Ambassador not to appear voluntarily for her scheduled deposition testimony on October 11, 2019 before the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Oversight and Reform in connection with the House of Representatives’s impeachment inquiry. Just this morning, the Ambassador received a subpoena issued by the House Permanent Select Committee on Intelligence, requiring her to appear for the deposition as scheduled. Although the Ambassador has faithfully and consistently honored her professional duties as a State Department employee—including at all times following her abrupt termination as U.S. Ambassador to Ukraine—she is unable to obey your most recent directive. As the recipient of a duly issued congressional subpoena, Ambassador Yovanovitch is, in my judgment, legally obligated to attend the depositions as scheduled.294

Ambassador Yovanovitch participated in the deposition on October 11, in compliance with the Committees’ subpoena.295 During her deposition, Ambassador Yovanovitch’s personal attorney confirmed that “she received a direction by the Under Secretary to decline to appear voluntarily.”296

On November 15, the Committees transmitted a subpoena to Ambassador Yovanovitch compelling her to testify at a public hearing of the Intelligence Committee that same day.297 Ambassador Yovanovitch complied with the Committees’ subpoena and testified at the public hearing. During the hearing, Chairman Schiff acknowledged Ambassador Yovanovitch’s compliance, stating:

Ambassador, I want to thank you for your decades of service. I want to thank you, as Mr. Maloney said, for being the first one through the gap. What you did in coming forward and answering a lawful subpoena was to give courage to others that also witnessed wrongdoing, that they, too, could show the same courage that you have, that they could stand up, speak out, answer questions, they could endure whatever threats, insults may come their way. And so in your long and distinguished career you have done another great public service in answering the call of our subpoena and testifying before us today.298

So @StateDept’s guidance is do whatever you want. EXCEPT fly the Pride Flag on the pole #PrideMonth

June 12, 2019 By in Controversies, Foreign Service, Media, Mike Pompeo, Org Life, Pompeo, Realities of the FS, Rex Tillerson, Secretary of State, Social Media, State Department, Top Ranks, Trends, U.S. Missions Tags: , , , , , , , , ,

Help Fund the Blog Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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On May 17, 2018, Secretary Pompeo just three weeks into his tenure as secretary of state issued a statement on the International Day Against Homophobia, Transphobia, and Biphobia.  This year, the State Department statement marking IDAHOT was noticeably missing.

We understand from a source on background that there was guidance circulated within the Bureau of Democracy, Human Rights, and Labor (DRL) this past May saying that there will be no IDAHOT/Pride cable this year. The directive reportedly came from the 7th floor although it apparently also said, there is no change in policy, including on display of the Pride flag. “The best we can do is rely on last year’s cable and the statement that policy has not changed.”

The directive last year would have been sent by an Acting Under Secretary for Management as there was no confirmed “M” at the State Department since U/S Kennedy departed his position in January 2017.

On June 7, NBC News reported that the U.S. embassies in Israel, Germany, Brazil and Latvia have requested permission from the State Department to fly the rainbow pride flag on their flagpoles and have been denied, citing three unnamed U.S. diplomats.

On June 10, State Department spokeswoman Morgan Ortagus told NBCNews that Secretary of State Mike Pompeo “respects the dignity of every individual” but did not believe other flags should fly alongside the American flag at U.S. embassies.

In an interview with NBC News, VPOTUS said that the Trump administration had “put no restrictions” on the pride flag or other flags flying elsewhere at U.S. embassies. When pressed, he also said, “We both feel that way very passionately, but when it comes to the American flagpole, and American embassies, and capitals around the world, one American flag flies.”

Another official who is LGBT speaking on background told this blog that flying the Pride flag on the flag pole with the U.S. flag has always been controversial.  This same official told us that while he/she personally does not believe that they should fly the Pride flag on the flag pole, there are others who have cited the Flag Act to justify flying the pride flag:

4 U.S. Code § 7 – Position and manner of display
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.

This same source indicated to us that his/her understanding was that the Under Secretary for Management Brian Bulatao has not approved flying the Pride Flag on the same staff as the U.S. flag at State Department federal buildings within the United States and overseas (Mr. Bulatao was officially sworn into office in late May). We were told that this process is usually done via a decision memo and that this year, there was no cable in or out;  which confirmed the circulated guidance reportedly from DRL in May. This official also told us that his/her understanding is that posts are free to display the pride flag everywhere and anywhere, or to light up embassies in the pride colors, or do anything else they want to mark Pride month.  EXCEPT fly the Pride Flag on the pole.

We should note that in previous years, some posts, not all, have marked Pride Month with a rainbow flag on the flagpole or hanging the rainbow flag on the side of the embassy building. Others participated in local pride parades, or lighting up the embassy in rainbow colors. Social media indicates that our overseas posts are marking Pride month in a similar manner (poles excepted) this year, but they have not/not been prevented from marking or celebrating the event (if post is preventing you from marking Pride Month, holler, please).

Also typically, on June 1st or within the first week of June, the Secretary of State also releases a statement marking LGBTI Pride Month. Pompeo did that last year on June 1st.  The year before that, his predecessor Rex Tillerson released a similar statement on June 7, 2018. This year, we’re still waiting for a similar statement from Secretary Pompeo; 18 days to go before the days of June runs out. Write faster, folks!

Here is the official spox addressing the “except on the pole” issue:

Related posts:

 

Senate Confirms Brian Bulatao as Under Secretary of State For Management

May 17, 2019 By in Appointments, Confirmations, U.S. Senate Tags: , ,

 

 

 

Related post:

@StateDept Gets Closer to Getting an Under Secretary for Management, Vacant Since January 2017

Trump Shutdown Day#27: @StateDept, Also a National Security Agency, Now Says, We Just Found Some Money, Come Back to Work

January 18, 2019 By in FS Funding, State Department, Trends, Trump, U.S. Missions Tags: , , , , , , ,

Posted: 4:19 am EST

On January 17, on the 27th day of the Trump Shutdown, the State Department released an  Urgent Message from the Deputy Under Secretary for Management William Todd instructing employees to return to work on their first work day in Pay Period 2, which is either January 20, or January 22 depending on their  location and start of their work week.  Apparently, he has found some money to pay employees, and this would allow the agency to resume most personnel operations.  Which should be a relief to agency employees here and in over 275 overseas locations where people are worried not only about paying their bills, but also something as basic as obtaining heating oil during the winter months. We’re not sure if this would save those who are already considering curtailments, even resignations, and seeking work elsewhere.

Mr. Todd’s message did not explain where he found the money, why it took four weeks to find it, and why we’re just seeing “national security agency” and “imperative” to describe the State Department and its mission on the 4th week of the shutdown.

Given the poor track record here, we’re concerned that people are asked to go back to work while the State Department is “taking steps to make additional funds available to pay employee salaries.”

What does that even mean? Where is the State Department getting those additional funds? Is it planning to break into Fort Knox?

Also we’re not sure who were actually told about this in the “M” family bureaus. Apparently, people are calling FSI to see what this means. Can they go back to language training even if many of the instructors are contractors?

Reported FSI’s response, “We don’t know. We found out when you did.”

Holy guacamole, so Deputy M’s message is just like a presidential tweet but longer than 280!

ABC News has this nugget from an unnamed spox:

While the department could have taken this step to pay employees as soon as the shutdown started, it didn’t largely because no one anticipated the shutdown to last this long.

“It has become clear as the lapse has continued to historic lengths that we need our full team to address the myriad critical issues requiring U.S. leadership around the globe and to fulfill our commitments to the American people,” a State Department spokesperson told ABC News. “We are also deeply concerned about growing financial hardship and uncertainty affecting Department employees whose salaries and well-being are affected by the unprecedented length of the lapse.”

Whaaaat? Also U.S. leadership yabayabado frak!

The United States has become the subject of alarm and jokes from all continents except perhaps from the sober penguins of Antarctica. In these abnormal times, the Emperor penguins, by the way, boldly  want to know how many more bananas do we want?

Politico’s Nahal Toosi also has a comment from longest serving M, Patrick Kennedy:

Pat Kennedy, a former senior State Department official who oversaw management issues at the agency for years, said Thursday that diplomats should have been exempted from the shutdown from the start.

“As a national security agency, no one should have ever been furloughed” at the State Department, he wrote in an email. “And the available funds balances should have been utilized from the beginning so that all employees were paid all along.”

What that State Department spox forgot to add to ABC News is — “M” shoes are too big to fill for some people. Who knew?  (see Wait – @StateDept Has a Deputy “M” Again, a Position Discontinued by Congress in 1978). We should note that the State Department had a Senate- confirmed M, and a Senate-confirmed DGHR when Rex Tillerson took office but both were gone fairly quickly under T-Rex’s watch.

Also two years on in this administration, the State Department still does not have a Senate-confirmed Under Secretary for Management. The first Trump nominee for M during Tillerson’s time had an SFRC hearing but was then withdrawn. The second Trump nominee for M, Brian Bulatao, this time under Pompeo, had his nomination returned to the president at the end of last Congress. That nomination was resubmitted to the U.S. Senate on January 16. Since the GOP has an expanded majority in the U.S. Senate, we expect that this nomination will get through the confirmation process at some point, unless a GOP senator finds some issue with it.

Below is the Deputy M message, original statement posted here:

As a national security agency, it is imperative that the Department of State carries out its mission. We are best positioned to do so with fully staffed embassies, consulates, and domestic offices.

Recognizing the increasing hardship to employees caused by the ongoing lapse in appropriations, the Department is taking steps to make additional funds available to pay employee salaries. By taking these steps, the Department expects to be able to resume most personnel operations and fund most salaries beginning with Pay Period 2. As a result, all State Department direct-hire employees and State Department locally employed staff are expected to report to work on their first work day in Pay Period 2. For most employees, that will be January 22. For some overseas posts, where Sunday is the first day of the work week, that will be January 20. Contractors should contact their COR for reporting instructions.

Employees will be paid for work performed beginning on or after January 20 and will receive paychecks for Pay Period 2 on time on February 14. Beyond Pay Period 2, we will review balances and available legal authorities to try to cover future pay periods.

Employees, including those who have performed excepted functions, will not be paid for Pay Period 26 and Pay Period 1(the time period between December 22, 2018, and January 19, 2019) until FY 2019 appropriations are enacted.

Although most personnel operations can resume, bureaus and posts are expected to adhere to strict budget constraints with regard to new spending for contracts, travel, and other needs, consistent with Section B of the Department’s guidance on lapse in appropriations.

Thank you for your continued cooperation.

Very Best Regards,
Bill Todd
Deputy Under Secretary for Management

Please note that even if State Department employees start getting paid again, there are thousands more federal employees who are forced to work without pay, and many more sent home without pay. Here are some upcoming dates in the next couple of weeks. See more at CNBC:

Jan. 20: Deadline to make early food stamp payments

Jan. 25: Workers start missing next paychecks

Jan. 28: IRS expected to start accepting tax filings

Jan. 29: State of the Union

Feb. 8: Third missed paycheck

This is no way to run a country, but this is how our country is run these days. No wonder the Emperor penguins in Moscow are also laughing their heads off.

SFRC Clears Eric M. Ueland (M), and Peter H. Vrooman (Rwanda)

February 12, 2018 By in FSOs, Nominations, Political Appointees, SFRC, Top Ranks Tags: , , , ,

Posted: 3:37 am ET

 

On February 7, the Senate Foreign Relations Committee cleared the nomination of the next “M” and the career nominee as the next U.S. Ambassador to Rwanda:

  • Eric M. Ueland, of Oregon, to be an Under Secretary of State (Management), vice Patrick Francis Kennedy
  • Peter Hendrick Vrooman, of New York, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Rwanda.

Below is a clip from Mr. Ueland’s hearing from last fall:

#

 


As Govt #Shutdown Looms Large, @StateDept Still “Reviewing All Available Options” #MissingGuidance

January 18, 2018 By in Congress, Consular Work, Foreign Service, Huh? News, Leadership and Management, Realities of the FS, Secretary of State, Spectacular, State Department, Top Ranks, U.S. Missions, U.S. Senate Tags: , , , , ,

Posted: 8:23 pm PT

 

On January 18, the State Department spokesperson was asked about the the preparations for a potential government shutdown and the impact on the State Department. Here is one part of the response:

MS NAUERT: Yeah, well, first let me start off by mentioning to everyone here the current continuing resolution expires at midnight tomorrow, January the 19th. We are putting in place prudent management of this. Our Secretary’s office right now is reviewing all the available options as to how we should handle some of the decision-making going forward, if this were to happen, if there were to be a government shutdown. We will be prepared for all contingencies – I want to make that clear – including the possibility of a lapse. That would mean a government shutdown.

OMB, the Office of Management and Budget, has requested that all agencies determine ways to minimize the impact on the American people. Matt, I think that would fall under visas and passports and the like. This is what we’re doing here from the State Department. Some of those decisions are still being made, exactly what services we will be able to provide and which ones we will not.

The State Department spox and her bosses do not realized that passports and visas are fees-funded and not appropriated funds?

After the spox talked about the Secretary having “quite a bit of leeway” and embassies having “a lot of discretion over how they will handle their staffing”, she was asked “You sound very reassuring, like the Secretary has lots of leeway, the embassies have some leeway. It sounds very peaceful in your view. But does the State Department view this looming prospect as dangerous to national security on its face?”

MS NAUERT: Look, national security, and keeping the security and the safety of Americans is always a top priority. We will not pull back on that in any way, shape or form. We will continue to follow those things. We’re not going to get all excited about what may or may not happen. We will have contingency plans that we put in place, and we will adhere to those. Okay.

A State Department official cited by vox.com notes that “US missions usually designate people as essential employees who must work during government shutdowns; others are considered non-essential and therefore can’t work. As of Thursday, no such list has been created.”

Are they going to come up with the furlough lists after the actual shutdown occurs?

On December 4, 2017, the State Department released its Guidance on Operations During a Lapse in Appropriations. The guidance was prepared in anticipation of the lack of appropriation or continuing resolution before midnight on December 8, 2017. As of this writing, we have not seen an updated guidance for the looming shutdown tomorrow. We’ve asked the A/DGHR if this same guidance would apply if there is no CR by midnight Friday, January 19, the deadline to pass a short-term spending bill to keep the U.S. government open and avoid the shut down of federal agencies, but our question has so far been ignored.

Below is an excerpt from the December 2017 guidance that has not been updated for 2018 but potentially relevant to how the State Department will manage the agency in a shutdown.

Appropriated Funds: 1-Year, 2-Year, No-Year Funds

Departmental entities will continue to operate until their respective balances are insufficient to continue. While many appropriated funds expire after one year, the Department has some accounts that are 2-year funds or no-year funds.

If there is no appropriation or continuing resolution before midnight on December 8, 2017, Department elements using multi-year or no-year appropriations (with remaining available balances), trust funds, other permanent appropriations, fees, and the Working Capital Fund will fund and continue operations as long as this funding is available. Please note that due to reduced funding or revised authorities, such availability for FY 2018 may be different than what was in place for the previous lapse in appropriations.
[…]
If there is no appropriation or continuing resolution before midnight on December 8, 2017, posts and offices supported by single-year appropriations will immediately commence procedures [/] on the first business day following that date, i.e., Monday, December 11, 2017. Posts that normally operate on Saturdays or Sundays will immediately commence procedures [/] on Sunday, December 10, 2017.

Determination of Excepted Functions and Positions

A. Definition of Excepted Functions: “Excepted” functions that may be continued in an absence of appropriations include those necessary for emergencies involving “the safety of human life or the protection of property,” and those necessary for activities essential to national security, including the conduct of foreign affairs essential to national security. Employees performing “excepted” functions will continue to report to work and perform their duties.

B. Chief of Mission (COM) Authority Regarding Other U.S. Government Agency Employees Abroad: Under a lapse of appropriations, each U.S. government agency at post must determine which positions meet the criteria of “excepted” in the absence of appropriations. If an agency has determined that certain of its positions abroad do not meet those criteria, and that determination conflicts with the views of the Chief of Mission, then the Chief of Mission should attempt to resolve the matter directly with the parent agency concerned. Based on COM authority and the Department’s foreign affairs responsibilities, the COMs and Department’s judgment about what functions constitute the conduct of foreign relations essential to national security carries great weight. If the COM is unable to reach agreement with another agency on what functions should continue to be performed during a lapse of appropriations, the COM may refer the matter to Washington to see if the Department is able to reach an accommodation with the other agency.

The COM will be responsible for informing the most senior officials of other agencies at post immediately upon notification by OMB that we are to implement shutdown procedures.

C. Consular Operations Domestically and Abroad: Consular operations domestically and abroad will remain 100% operational as long as there are sufficient fees to support operations. However, if a passport agency is located in a government building affected by a lapse in appropriations, the facility may become unsupported. The continuance of consular operations in such instances will be treated on a case-by-case basis by the Office of the Under Secretary for Management.

D. Use of E-Mail/Telegrams/Remote Access/Mobile Applications: The Department will be minimally staffed if a shutdown occurs. Department managers and post managers are asked to reduce message traffic to include only the most urgent need. Remote access and mobile programs, to include fobs, secure laptop services, and centrally managed Blackberry support services will be minimally staffed. Additionally, due to reduced domestic staff levels, all personnel should be cognizant that there are fewer personnel available to respond to incoming messages.

Non-excepted employees should turn off all Department-provided mobile devices, and excepted personnel should not communicate with non-excepted employees. For purposes of communicating work status to non-excepted employees, supervisors should have employee personal contact information on file.

Personnel

U.S. Direct Hires Employees

An immediate hiring freeze will apply during a lapse in appropriations. Entry-on-board dates for prospective employees with employment offers are suspended until the funding lapse is over. No new job offers may be made.

We will need to examine the text of any subsequent appropriation or continuing resolution to determine if the Congress has authorized retroactive pay and allowances. All non-excepted personnel support activities, such as unfunded security investigations, should be suspended.

Family Members and Locally Employed (LE) Staff at Post

Eligible Family Members employed at post follow the furlough procedures of other direct-hire U.S. government employees unless paid on the local pay plan. Application of the furlough to LE staff (including foreign nationals and locally resident U.S. citizens, whether on personal services agreements (PSA) or direct-hire appointments) depends on local labor laws in each country. In general, Department LE staff will be required either: a) to report to work as directed by their supervisor (i.e., if “excepted,” or if treated as “excepted” because these LE staff legally must be paid, provided that in no event may LE staff report to work if adequate supervision is unavailable); b) to be on excused absence leave per 3 FAM 7451, if LE staff must be paid under local labor law but may not actually work because, for example, adequate supervision is not available; or c) to be placed on ordinary furlough status.

HROs at each post will examine local labor law and make appropriate, post-specific determinations in conjunction with post management. The COM should inform other U.S. government agencies at post that, as in the past, the Department plans generally to treat those LE staff members as excepted whom the Department believes must be paid under host state labor laws regardless of attendance. HR/OE will be in touch with those posts that indicated during sequestration planning that their host country local laws allow personnel to be furloughed.

Part-Time Employees

Part-time employees should follow the same guidance as full-time employees.

WAE Employees and Seasonal Employees

Employees with a When-Actually-Employed (WAE) work schedule and seasonal employees are called to duty at identified periods of the year in accordance with pre-established conditions. WAE employees are non-full-time employees without a regularly scheduled tour of duty. A seasonal employee is an employee hired into a position for which the customary annual employment is six months or less. Whether either group is called for work during the period in which furloughs are scheduled is discretionary with agencies, but those personnel must be performing excepted functions.

Rotation of Personnel

The decision to rotate personnel to perform excepted functions may be made at bureau and post discretion in unique and compelling circumstances. However, the following should be taken into consideration when making a decision on rotations:

  • Managers should take into account the potential impact on unemployment compensation eligibility for the employee, based on local jurisdictions’ unemployment insurance policies.
  • Decisions on rotations for specific positions should balance the Department’s need for continuity and equity to the employees.
  • Posts may determine on what basis rotations may take place (based on increments of at least one week), but due consideration should be given to continuity and fairness.
  • Personnel rotated into and out of an excepted function must have the requisite qualifications to perform the function.

All decisions to rotate employees must be documented by the bureau or post.

Details

Detailees follow the furlough policies and procedures of their home agencies because they remain officially employed by their home agencies. If you are detailed from the State Department to another federal agency, the State Department will determine if and how you are affected. If you are detailed to the State Department from another federal agency, your home agency will determine if and how you are affected. For more information and for details involving non-Federal agencies, refer to OPM guidance.

Specific Situations

The following are typical bureau/post obligation/payment categories and how they should be handled:

LE staff pay/allowances: Standard procedures to process LE staff payroll must be followed. Under no circumstances should alternate means be used to pay LE staff salaries, such as using petty cash. As per the above general guidance for obligations after a lapse in appropriations, no obligations for payroll after that date should be recorded on official accounts or in RFMS and GFMS, even for excepted activities. More detailed guidance on submitting time and attendance during the period of the lapse will be provided prior to the deadline for the next submission of time and attendance.

American Salaries, Benefits, and Allowances: While obligations may continue to be established for employees on US-based salary schedules performing “excepted” and shutdown activities, payments for salaries and allowances may only be made for services rendered prior to the lapse in appropriations.

Travel: Only travel in fulfillment of excepted activities can be initiated after a lapse of appropriations. Per guidance above, even in cases of travel in this category, obligations made after any lapse of appropriations should not be recorded on official bureau or post accounts even though obligations have been incurred. Blanket travel orders issued prior to the lapse in appropriations are not valid during the lapse period, unless in the case of travel abroad, travel commenced or any cost was incurred for that travel prior to the shutdown. No travel advances can be issued unless the obligation for travel abroad was incurred prior to the lapse in appropriations. Travel voucher reimbursements can be processed only if against obligations incurred and recorded for prior years, or for the current Fiscal Year (if obligated prior to the lapse in appropriations) multi-year or no-year appropriations for which funds remain available. Travelers who hold Citibank Travel Cards may charge advances against these cards for any approved trips as travel card advance charges do not create advances to official accounts. As part of GSA Smart Pay cards, Citibank Travel Cards will continue to function normally and banks will continue to provide service. Cardholders, as usual, should contact the bank customer service organization should they experience problems with their cards.

Utilities: As with other categories of payments, utility payments for obligations established prior to the lapse in appropriations can be processed and sent to CGFS for payment or entered in RFMS. Obligations for utility costs after the lapse in appropriations should not be recorded even though incurred, and utility payments for periods after that cannot be made from lapsed appropriations. Posts confronted with any emergencies in this regard should contact the Department as soon as possible (see paragraph 13 below).

OBO Allotment Activities: Since OBO activities abroad (e.g., rents, maintenance and repair, fire/safety and capital projects) are paid from the no-year OBO appropriation, these activities can be obligated and paid if the post has sufficient funds in its OBO allotment. Salaries for facility managers and OBO direct-hire project staff at post are funded domestically from the no-year OBO appropriation; therefore, those personnel will continue to report to work and perform their duties. Salaries for locally-hired OBO project staff are funded from post-held OBO allotments and can therefore be obligated and paid as long as post has sufficient funds in its allotment.

Collections: Embassy cashiers can continue to process all collections normally.

Absolutely Necessary Payments: To reiterate, and consistent with OMB guidance, we have authority to incur obligations but cannot make payments for excepted activities after the lapse in appropriations. Because our accounting system pays for incurred obligations, we cannot post (record) obligations due to the lapse of appropriations even though obligations have been incurred, nor can we make payments against the incurred but not recorded obligations for current Fiscal Year lapsed appropriations. If it is necessary to make payments in emergency situations (e.g., to safeguard life and property), the bureau or embassy should send a memo or cable, respectively, on a case-specific basis to request use of funds that BP determines may be available for such purposes. Each request should provide details of the date the funds are needed, the amount, the justification, and any other relevant information. Requests of this type should be limited to extreme cases.

Repatriation Loans: Post authority to expend up to $2,000 per applicant without Department approval is temporarily rescinded. If a post determines that a repatriation loan is necessary during the period of a lapse in appropriations, the post should cable CA/OCS and CA’s Comptroller to request funding as mentioned in paragraph 11 above.

Emergency Medical Services: If the concurrence of MED is received, emergency medical travel and services obligations can be incurred but not recorded. Accordingly, payments against such obligations cannot be made. Please coordinate with MED and follow guidance in paragraph 11 in emergency situations where payment is required immediately. For medical services funding requests the post should cable MED and CGFS – USOFFICE Global Financial Services (not the regional bureaus).

Speech-Making and Media Engagement

As a general rule, all speeches to public audiences should be cancelled and no invitations to give speeches to public audiences should be accepted during the shutdown period. If you believe there are exceptional reasons to honor an existing speech commitment or to accept a speaking invitation, you should contact the Public Affairs (PA) Special Assistants at 202-647-6607 for guidance. No speeches to public audiences may be made during the shutdown period without explicit approval from the PA Principal Deputy Assistant Secretary.

The Bureau of Public Affairs may need to communicate with the media, via on-camera or off-camera briefings and/or the release of statements via traditional or social media means, for events and issues involving the safety of human life or the protection of property, or those necessarily related to national security, including the conduct of foreign affairs essential to the national security (“excepted activities”). This would include direct support to the Secretary of State for travel related to national security-related issues, and any news media and transcription support that would entail. Approval for such activities will rest with the Bureau Assistant Secretary or Principal Deputy Assistant Secretary.

Non-emergency social media operations outside of flagship social media accounts must cease. Department flagship accounts managed by the Bureau of Public Affairs may operate in support of excepted activities.

Representation Events

Domestic Representation: As a general rule, no domestic representation events should be held during the shutdown period. Events already scheduled should be cancelled and no new events planned until the shutdown is over. If you believe there are truly exceptional circumstances that merit a representation event being held during the shutdown period, you should contact M/EDCS for approval.

Representation Abroad: As a general rule, no representation events should be held abroad during a shutdown period. Chiefs of Mission (COMs) may authorize a representational event abroad only if it is necessary to support excepted activities. COMs should consider the perception of a representational event during a Department shutdown.

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