Christmas Day Attack: Senate Judiciary Hearing

“Securing America's Safety: Improving the Effectiveness of Anti-Terrorism Tools and Inter-Agency Communication”

We almost missed this one.  The Senate Judiciary Committee held a full committee hearing yesterday related to the Christmas Day attack (January 20, 2010 | 10:00 AM | ROOM: Dirksen-226).  View Webcast

The Honorable Patrick Leahy



The Honorable Russ Feingold

Witness Testimony:

The Honorable Robert S. Mueller, III | PDF

Director

Federal Bureau of Investigation

United States Department of Justice

Washington, DC

The Honorable David F. Heyman | PDF

Assistant Secretary for Policy

U.S. Department of Homeland Security

Washington, DC

The Honorable Patrick Kennedy | PDF

Under Secretary for Management

U.S. Department of State

Washington, DC

Excerpt from U/S Patrick Kennedy testimony:

In the case of Umar Farouk Abdulmutallab, on the day following his father’s November 19 visit to the Embassy, we sent a cable to the Washington intelligence and law enforcement community through proper channels (the Visas Viper system) that “Information at post suggests [that Farouk] may be involved in Yemeni-based extremists.” At the same time, the Consular Section entered Abdulmutallab into the Consular Lookout and Support System database known as CLASS. In sending the Visas Viper cable and checking State Department records to determine whether Abdulmutallab had a visa, Embassy officials misspelled his name, but entered it correctly into CLASS. As a result of the misspelling in the cable, information about previous visas issued to him and the fact that he currently held a valid U.S. visa was not included in the cable. At the same time the CLASS entry resulted in a lookout using the correct spelling that was shared automatically with the primary lookout system used by the Department of Homeland Security (DHS) and accessible to other agencies.

[…]

The State Department has broad and flexible authority to revoke visas and we use that authority widely to protect our borders. Since 2001, we have revoked 51,000 visas for a variety of reasons, including over 1,700 for suspected links to terrorism.

[..]

In addition to revocation efforts, consular officers refused 1,885,017 visas in FY2009. We now are renewing guidance to our officers on their discretionary authority to refuse visas under section 214(b) of the Immigration and Nationality Act with specific reference to cases that raise security concerns. No visa is issued without it being run through security checks against our partners’ data. And we screen applicants’ fingerprints against U.S. databases as well.

[..]

DHS has broad access to our entire CCD, containing 136 million records related to both immigrant and nonimmigrant visas and covering visa actions of the last 13 years. Special extracts of data are supplied to elements within DHS, including the Visa Security Units of Immigration and Customs Enforcement (ICE).

[…]

We give other agencies immediate access to over 13 years of visa data, and they use this access extensively. In November 2009, more than 16,000 employees of DHS, the Department of Defense (DOD), the FBI and Commerce made 920,000 queries on visa records.

[…]

In 2009 we expanded use of facial recognition from a selected segment of visa applications to all visa applications. We now are expanding our use of this technology beyond visa records. We are testing use of iris recognition technology in visa screening, making use of both identity and derogatory information collected by DOD. These efforts require intense ongoing cooperation from other agencies.

[…]

In addition, we have 145 officers and 540 locally employed staff devoted specifically to fraud prevention and document security, including fraud prevention officers at overseas posts.

[…]

We fully recognize that we were not perfect in our reporting in connection with the attempted terrorist attack on Flight 253. We are working and will continue to work not only to address that mistake but to continually enhance our border security screening capabilities and the contributions we make to the interagency effort.

Patrick F. Kennedy, a Career Minister in the Foreign Service, was confirmed by the U.S. Senate as Under Secretary of State for Management on November 6, 2007. As Under Secretary for Management he is responsible for the people, resources, facilities, technology, consular affairs, and security of the Department of State and is the Secretary’s principal advisor on management issues. He also provides regular direction to the Bureau of Resource Management, and the Chief Financial Officer serves as a core member of the Under Secretary’s senior management team. The Bureau of Consular Affairs reports to him, and he reports to the Deputy Secretary Jack Lew.

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• Security Lapses Are Being Addressed, Officials Tell Panel (nytimes.com)


• Intel chief concedes errors in Christmas bomb case (sfgate.com)

Christmas Day Attack: Failure at the “Last Tactical Mile”

The Senate Committee on Homeland Security and Governmental Affairs has a hearing today on “Intelligence Reform: The Lessons and Implications of the Christmas Day Attack.” The three witnesses are: Dennis C. Blair, Director of National Intelligence, Michael E. Leiter, Director of the National Counterterrorism Center and Janet A. Napolitano, the Secretary of Homeland Security.  Blair and Leiter had a joint statement for the record. No prepared statement from Secretary Napolitano has been posted online. Excerpts below from the Blair/Leiter statement:  

As I have noted, despite our successes in identifying the overall themes that described the plot we failed to make the final connections—the “last tactical mile”—linking Abdulmutallab’s identity to the plot. We had the information that came from his father that he was concerned about his son going to Yemen, coming under the influence of unknown religious extremists, and that he was not going to return home. We also had other streams of information coming from intelligence channels that provided pieces of the story. We had a partial name, an indication of a Nigerian, but there was nothing that brought it all together—nor did we do so in our analysis.

[…]

But without making excuses for what we did not do, I think it critical that we at least note the context in which this failure occurred: Each day NCTC receives literally thousands of pieces of intelligence information from around the world, reviews literally thousands of different names, and places more than 350 people a day on the watchlist—virtually all based on far more damning information than that associated with Mr. Abdulutallab prior to Christmas Day. Although we must and will do better, we must also recognize that not all of the pieces rise above the noise level.

[…]

We established the National Counterterrorism Center (NCTC), the government’s hub for all strategic level counterterrorism intelligence assessments, which draws on collected terrorist intelligence from agencies across the U.S. Government with access to more than 30 different networks carrying more than 80 unique data repositories to produce integrated analysis on terrorist plots against U.S. interests at home and abroad.

[…]

The Intelligence Community is an adaptive, learning organization. We can and must outthink, outwork, and defeat the enemy’s new ideas. Our Intelligence Community is now more collaborative than ever before, knows how to operate as a team, and can adjust to conditions on the ground. We can and will do better, but I cannot guarantee that we can stop all attacks indefinitely. The integrated Intelligence Community as directed in the Intelligence Reform Act is essential; the basic elements of the system are sound; but we must be more flexible and anticipatory.

The hearing is on right now, catch it here.  This is not the end of the story. Part II of the hearing is scheduled for January 26^th at the Dirksen Senate Office Building (room 342).  No word yet on the expected witnesses.

Related Item:

Statement for the Record | Blair/Leiter

Child Abduction Case Threatens Trade Bill

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On December 17, Secretary Clinton released this statement on the Sean Goldman custody case in Brazil:

"I was pleased to hear that the Appellate Court in Rio de Janeiro has upheld the lower court’s decision that Sean Goldman, a young American boy wrongfully retained in Brazil for more than five years, should be reunited with his father David in New Jersey. We appreciate the assistance and cooperation of the Government of Brazil in upholding its obligations under the Hague Convention on International Child Abduction. And it is my hope that this long legal process is now complete and that the Goldman family will be reunited quickly. They will be in my thoughts and prayers today and throughout this holiday season."

The next day, the US Embassy in Brazil released this State Department statement expressing disappointment after Brazil's Supreme Court stopped the father, David Goldman from picking up his son Sean and taking him home to New Jersey:

"The State Department is disappointed that Sean is still unable to be reunited with his father. A key intention of the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the expedient return of children who are abducted or wrongfully retained to their places of habitual residence in order to minimize the human and social cost of international parental child abduction. This cost includes the risk of serious emotional and psychological problems for abducted children, and severe emotional stress and significant financial pressures for the left-behind parent that both Sean and his father will now continue to endure." (active links added)

The facts of this case are detailed in H.R. 2702 also known as the ‘Suspend Brazil GSP Act’. Excerpts below:

• David Goldman, a United States citizen and resident of New Jersey, has been trying unsuccessfully since June 2004 to secure the return of his son Sean to the United States where Sean maintained his habitual residence until his mother, Bruna Bianchi Ribeiro Goldman, removed Sean to Brazil.

• On September 3, 2004, Mr. Goldman filed an application for the immediate return of Sean to the United States under the Hague Convention to which both the United States and Brazil are party and which entered into force between Brazil and the United States on December 1, 2003.

• Pursuant to Article 12 of the Hague Convention, the judicial authority of Brazil was required to order Sean’s return to the United States ‘forthwith’, customarily defined under international law as within six weeks after an application for return has been filed.

• On October 13, 2005, the Brazilian court refused to return Sean in contravention of Brazil’s obligations under the Hague Convention even though it found that Sean was a habitual resident of the United States and, pursuant to international law, had been wrongfully removed and retained in Brazil.

• On August 22, 2008, Mrs. Goldman passed away in Brazil leaving Sean without a mother and separated from his biological father in the United States. Instead of returning Sean to the custody of his father David, Mrs. Goldman’s second husband, Joa.AE6o Paulo Lins e Silva, petitioned the Brazilian courts for custody rights over Sean.

• On September 25, 2008, Mr. Goldman filed an amended application under the Hague Convention against Mr. Lins e Silva for the return of custody over Sean.

• On June 1, 2009, a federal court judge in Brazil ordered that Sean be turned over to the United States consulate in Rio de Janeiro and returned to his father on June 3, 2009. The court further ordered that, following a 30-day adaptation period in the United States, Mr. Goldman be given full custody over Sean.

• On June 2, 2009, one Brazilian Supreme Court justice suspended the order of the first level of the Federal Court on the basis of a motion filed by the Progressive Party, a small Brazilian political party, that objects to the application of the Hague Convention in Brazil. This suspension must now be heard by the full Supreme Court, could further delay the Goldman case for months, and could prevent the return of any other abducted children to the United States.

The bill also points out that Brazil is a primary beneficiary under the Generalized System of Preferences program. In 2008, Brazil received duty-free status under the GSP for United States imports totaling $2.75 billion. This bill was last referred to the House Committee on Ways and Means on 6/4/2009 but has shown no further development.

Early this year, the State Department issued its 2009 report of the Office of Children’s Issues on compliance with the Hague Convention on the Civil Aspects of International Child Abduction. The report evaluated convention partner countries for compliance in three areas: Central Authority Performance, Judicial Performance, and Law Enforcement Performance. Seven countries are evaluated as “Demonstrating Patterns of Noncompliance:” Brazil, Chile, Greece, Mexico, Slovakia, Switzerland, and Venezuela.

Brazil acceded to the Convention on 10-19-1999. Its date of entry into force with the United States was on 12-1-2003. The 2009 report lists a pattern of non-compliance by Brazil in all three areas. Further the report states that:

"[T]he Brazilian courts continue to show a troubling trend of treating Convention cases as custody decisions, and often deny Convention applications upon finding that the children have become “adapted to Brazilian culture.” Six abductions from the United States initially reported prior to April 2007, three of which were initially reported in 2004, remain unresolved.[…] Our experience indicates that it takes many months before a court receives a case to analyze and many more months before a court issues a decision. The USCA observed during the reporting period that Brazil’s courts exhibit widespread patterns of bias towards Brazilian mothers in Convention cases.”

Last Friday, Senatus reported that Senator Frank Lautenberg of New Jersey placed a hold on a bill that would allow Brazil and other countries to export some products duty-free to the United States.

I imagine that the bill reported here is the Generalized System of Preference that is set to expire in a couple of weeks. The 110th Congress extended the GSP for one year through December 31, 2009 (P.L. 110-436); so it remains a legislative issue for the 111th Congress.

H.R. 4284: “To extend the Generalized System of Preferences and the Andean Trade Preference Act, and for other purposes” was introduced in Congress in early December. On Dec 14, 2009 the bill was passed in the House of Representatives by voice vote (a record of each representative's position was not kept). The bill was received in the Senate on the same day with no further action todate.

The U.S. Generalized System of Preferences (GSP) was established by the Trade Act of 1974 (19 U.S.C. 2465; Sec. 505) and provides preferential duty-free entry to more than 4,650 agricultural and non-agricultural products from 131 designated beneficiary countries and territories. In 2007, the top six beneficiary countries ranked by import value — Thailand, Argentina, Brazil, India, the Philippines, and Turkey — accounted for the majority of agricultural imports under the GSP. Brazil and India accounted for nearly one-fifth of agricultural imports under the program. (See the CRS Report on the GSP dated November 10, 2008).

In a statement last year, the American Chamber of Commerce in Brazil supported retaining Brazil's eligibility status as a GSP beneficiary country: “The program has allowed businesses based in Brazil to become reliable suppliers of eligible duty free products for use in the United States. This mechanism grants a limited tariff exemption to US companies on 3,357 products from Brazil. In 2007, US companies imported from Brazil over US$ 3.4 billion of GSP covered products. As a result, US companies saved over US$ 100 million – an amount they would otherwise have had to pay if Brazil was not a beneficiary of the program.” It points out that “GSP has contributed positively for the development of Brazil by means of export promotion.”

An AP report quotes Sergio Tostes, attorney for Sean's stepfather Joao Paulo Lins e Silva, as saying that the case should never have become a political battle. "This is not a fight between two countries," Tostes said. "This is just the pursuit of the truth and the pursuit of what is in the best interest of the boy."

How much more complicated can this get? The stakes are high: a nine year old boy separated from his natural father since 2004, 131 countries with duty free tariffs until end of the year, billions in trade, and the reputation of one country that refuses to abide its international obligations pursuant to the Hague Convention.

Related Items:

• Bring Sean Home | http://bringseanhome.org/help.html
• International Child Abduction Hearings | Tom Lantos Human Rights Commission (TLHRC) | December 2, 2009 (with links to witnesses testimonies)
• State Dept/Office of Children’s Issues | International Child Abduction

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• The Battle for Sean Goldman: The View from Brazil (time.com)
• The Sean Goldman Controversy: Memories of EliÁn GonzÁlez (time.com)
• Brazil Court Halts Boy's Return to U.S. (nytimes.com)
• Brazil orders son returned to U.S. dad (cnn.com)

Afghanistan Contracts and Woodrow Wilson -- Hey! That Sounds Familiar!

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Claire McCaskill (D-MO) and the Senate Ad Hoc Subcommittee on Contracting Oversight held a hearing yesterday on Afghanistan Contracts: An Overview (Thursday | December 17, 2009). The five witnesses who were at the hearing yesterday are listed below with links to their testimonies. Additional documents for the hearing are archived at: Hearing 7: Afghanistan Contracts: An Overview (Documents):

Mr. William H. Campbell , III [view testimony] Director of Operations, Office of the Under Secretary of Defense (Comptroller)U.S. Department of Defense

Mr. Edward M. Harrington [view testimony] Deputy Assistant Secretary of the Army (Procurement), Department of the ArmyU.S. Department of Defense

Mr. Charles North [view testimony] Senior Deputy Director, Afghanistan-Pakistan Task ForceU.S. Agency for International Development

Mr. Daniel F. Feldman [view testimony] Deputy Special Representative for Afghanistan and PakistanU.S. Department of State

Mr. Jeffrey Parsons [view testimony] Executive Director, Army Contracting Command, Department of the ArmyU.S. Department of Defense

Mr. Feldman, one of the Deputy Special Representatives for Af/Pak had this to say:

“We are shifting away from large U.S.-based contracts to smaller, more flexible reconstruction contracts with fewer sub-grants and sub-contracts that enable greater on-the-ground oversight. The premise behind this flexibility is simple: in a dynamic conflict environment like Afghanistan, we need to be able to adapt our programs as conditions change on the ground. These smaller contracts and grants will be managed by U.S. officials in the field, closer to the actual activity implementation, making it easier for those same officials to direct, monitor, and oversee projects to ensure the proper use of taxpayers' funds. In most cases, these contracts are implemented by local Afghan personnel. And if programs are not producing the anticipated results, our personnel now have increased authority to direct corrective actions.”

Read the whole thing here.

Mr. North, the Senior Deputy Director, Afghanistan-Pakistan Task Force for USAID had this to say on USAID Civilian Staffing in Afghanistan:

“As of December 7, 2009, USAID/Afghanistan has 180 American staff on the ground. It is anticipated that USAID will have 333 American staff on the ground in early 2010. USAID/Afghanistan also currently has 136 Afghan staff and 16 third country national staff. USAID/Afghanistan works with approximately 20,000 implementing personnel on USAID programs, 19,000 of whom are Afghan employees.”

Mr. North then concluded his testimony with this:

“Afghanistan is hungry for development. The United States, in coordination with its international partners, is providing jobs to the jobless, a voice to the voiceless, heat for cold homes, water for the thirsty, and food for the hungry. In short, it is offering Afghans a path to hope and sustainable development. We are optimistic about a new era of prosperity and peace. We are also optimistic that one day we will echo Woodrow Wilson’s famous words: ―The ear of the leader must ring with the voices of the people.”

Hey Woodrow Wilson – that sounds familiar –

Remember that new PRISM journal with the Armitage interview? Well, shucks – USAID Afghanistan Mission Director William M. Frej and David Hatch, USAID Program Officer had exactly the same thing, word for word in A New Approach to the Delivery of U.S. Assistance to Afghanistan!

Trust, Confidence, and Hope

"Afghanistan is hungry for development. The United States, in coordination with its international partners, is providing jobs to the jobless, a voice to the voiceless, heat for cold homes, water for the thirsty, and food for the hungry. In short, it is offering Afghans a path to hope and sustainable development. We are optimistic about a new era of prosperity and peace. We are also optimistic that one day we will echo Woodrow Wilson’s famous words: “The ear of the leader must ring with the voices of the people.”

Read Mr. North’s Senate testimony Read A New Approach to the Delivery of U.S. Assistance to Afghanistan

In any case -- the day before the hearing, the Subcommittee Majority Staff circulated a memo, reported in the Federal Eye, examining reconstruction, development, and troop support contracts in Afghanistan. It lists among others, the following:

• Wasteful Spending on Defense Department Contracts Nears $1 Billion. According to federal auditors, approximately $950 million in questioned and unsupported costs has been submitted by Defense Department contractors for work in Afghanistan. This represents 16% of the total contract dollars examined.

• Number of Defense Department Contractors in Afghanistan May Reach 160,000. There are currently 104,000 Defense Department contractors currently working in Afghanistan. The increase in troops may require an additional 56,000 Defense Department contractors, bringing the total number of Defense contractors in Afghanistan to 160,000.

The Defense Department is the single largest employer of contractors in Afghanistan. As of September 30, 2009, there were approximately 104,000 Defense Department contractors and approximately 64,000 U.S. military personnel in Afghanistan. In other words, contractors comprised more than 60% of the Defense Department’s workforce in Afghanistan. In December 2008, contractors comprised 69% of the Defense Department’s workforce, the highest ratio of contractors to military personnel in US history.

• New Concerns about Troop Support Contracts. The Army continues to rely heavily on LOGCAP III, the monopoly troop support contract held by KBR, to support operations in Iraq, Kuwait, and Afghanistan. In 2010, the Army anticipates spending more than $657 million under LOGCAP III and approximately $87 million under LOGCAP IV – despite the fact that the Army intends to complete the transition from LOGCAP III to LOGCAP IV in Afghanistan by June 2010.

The memo also cites failure to apply lessons learned from Iraq such as:

• Poor Coordination of Interagency Efforts | No single individual or office currently has responsibility for coordinating development and reconstruction projects in Afghanistan. The SPOT database, a database intended to coordinate contracts and contractor personnel for all federal agencies in Iraq, was not implemented until July 2008 and, due to inadequate data, remains largely unused.

• Continual Personnel Turnover | The frequent turnover of personnel in Iraq led to significant gaps in contract management and oversight. According to Special Inspector General Bowen, the frequent changes in personnel increased the risk that contractors would not meet the contract requirements. The turnover also created opportunities for unscrupulous contractors to take advantage of the lack of oversight. GAO has reported that frequent staff turnovers also led to cost increases and schedule delays on reconstruction contracts in Iraq.Personnel turnover has been a challenge in Afghanistan as well. USAID, which generally requires its employees to serve tours of duty lasting between three to five years, has limited personnel to one-year tours in Afghanistan. The State Department’s foreign service officers are also limited to one-year tours. The Air Force, which supplies team leaders for Provincial Reconstruction Teams, rotates individuals every six months.

The memo says that the Defense Contract Audit Agency had reported it identified a total of more than $950 million in questioned and unsupported costs submitted by Defense Department contractors for work in Afghanistan during a briefing to Subcommittee staff on December 9, 2009. The majority staff concludes that the $950 million is likely to underestimate the total amount of wasteful or undocumented spending in Afghanistan because “Although the DCAA auditors have reviewed $5.9 billion in Afghanistan spending, this does not include all of the dollars spent under contracts in Afghanistan, including more than $2.1 billion spent under USAID reconstruction and development contracts.”

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SFRC Hearings: Andrew, Nelson, King, Kennedy, Donahoe

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1^st Session

Presiding: Senator Dodd

Date: Tuesday, December 1, 2009Time: 1:00 P.M.Building: 419 Dirksen Senate Office Building

NOMINATIONS:

Anne Slaughter Andrew, of Indiana ,to be Ambassador to the Republic of Costa Rica

David Daniel Nelson, of Minnesota ,to be Ambassador to the Oriental Republic of Uruguay

The Honorable Betty E. King, of New York ,to be Representative of the United States to the Officeof the United Nations and Other International Organizationsin Geneva, with the rank of Ambassador

The Honorable Laura E. Kennedy, of New York, ,for the rank of Ambassador during her tenure of serviceas U.S. Representative to the Conference on Disarmament

Eileen Chamberlain Donahoe, of California ,for the rank of Ambassador during her tenure of serviceas the United States Representative to the UN Human Rights Council

The prepared testimonies and hearing videos should be posted in this page.

SFRC Hearing: Today, Rajiv Shah’s Nomination for USAID

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1^st Session

Presiding: Senator KerryDate: Tuesday, December 1, 2009 Time: 10:00 A.M. Building: 419 Dirksen Senate Office Building

Senator Kerry's Opening Statement

Senator Lugar's Opening Statement

NOMINEE:

Rajiv J. Shah, of Washington ,to be Administrator of the United States Agencyfor International Development (USAID)

The prepared testimony and video should be posted in this page. Haven’t figured out where they put the links to the hearing videos at this time. From the looks of it, based on its place holders here, we should expect a section for Statements and Hearing Files in this new website. Audio, video and transcript of hearings presumably will be posted under the Hearings Files.Updated @8:57 pmClick here to go to the SFRC hearing page. Click on the link “ Archived Version” "Recorded Hearing" to watch the video. Video is 130:05 minutes in length. The hearing starts at 25:14 minutes into the video with Senator Kerry’s opening statement. Rajiv Shah’s prepared testimony is here (pdf).

Updated: 12/2I have added links to the opening statements of Senators Kerry and Lugar above. You can also read the Questions for the Record Submitted for the Nomination of Rajiv Shah to be USAID Administrator. The nominee provided written answers to the 20 pre-hearing questions from Senator Kerry (the Word doc was obtained by Josh Rogin of The Cable).

Reconsider the Role of the PRTs?

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Gilles Dorronsoro, a Visiting Scholar at the Carnegie Endowment for International Peace gave a testimony last week at the Subcommittee on National Security and Foreign Affairs Committee on Oversight and Government Reform. Part of his testimony questions the role of the PRTs in Afghanistan; something that frankly, I have not heard brought up before. The prevailing wisdom seems to be that this war cannot be won militarily and that we need the civilians over there pronto. Since we are ramping up the civilian uplift with 974 additional personnel in the next couple of months, the question about the role of the PRTs in Afghanistan is an interesting and relevant one. Below is an excerpt:

Development is not the key in Afghanistan. The Afghans do not choose their political allegiances based on the level of aid. Economic aid is not a practical way to gain control of a territory, and it plays a marginal role in the war. Rather, whoever controls the territory is the most important factor in Afghans’ political allegiances. In other words, development must come after military control in the strategic areas, as a consolidating process. Aid is also not instrumental in ddressing the central issues of an exit strategy. Development should be territorially concentrated in the strategic areas, where it can reinforce the institutions.

If this analysis is correct, the Coalition should reconsider the role of the Provincial Reconstruction Teams (PRTs). What is their supposed strategic impact? I would argue that the PRTs are ineffective in state building and also of limited utility in preparing for withdrawal; hence, they should not be a priority. The PRT concept is technically useful in some cases, but it is a long-term liability for Western forces because it takes the place of the Afghan state, marginalizing Afghan players. If Western troops are in charge, there is no reason not to give civil operations to real NGOs or Afghan institutions. Moreover, the PRTs are unable to significantly change the perceptions of the Afghan population. Local populations are essentially dependent on whoever controls the territories in which they live.

Read the whole statement here.

SFRC Hearings: Rowe, Fernandez, Wills, Goldberg

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1^st Session

Date: Thursday, November 19, 2009Time: 3:30 P.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Feingold

Nominees:

Panel 1:

• The Honorable Leslie V. Rowe, of Washington to be Ambassador to the Republic of Mozambique
• Alberto M. Fernandez, of Virginia to be Ambassador to the Republic of Equatorial Guinea
• Mary Jo Wills, of the District of Columbia to be Ambassador to the Republic of Mauritius, and to serve concurrently and without additional compensation as Ambassador to the Republic of Seychelles

Panel 2:

• The Honorable Philip S. Goldberg, of the District of Columbia to be Assistant Secretary of State for Intelligence and Research

See the video of the confirmation hearings and read the prepared testimonies submitted to the committee here.

SFRC Hearings: The Warlicks, Tsakopoulos Kounalakis

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th Congress1^st Session

Date: Wednesday, November 18, 2009Time: 10:15 A.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Shaheen

Nominees:

• Mary Burce Warlick, of Virginia to be Ambassador to the Republic of Serbia
• James B.Warlick Jr., of Virginia to be Ambassador to the Republic of Bulgaria
• Eleni Tsakopoulos Kounalakis, of California to be Ambassador to the Republic of Hungary

See the video of the confirmation hearings and read the prepared testimonies submitted to the committee here.

SFRC Hearings: Bleich, Huebner, King

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1st SESSION

Date: Thursday, November 5, 2009Time: 2:30 P.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Menendez

Nominees:

Jeffrey L. Bleich, of California to be Ambassador to Australia

David Huebner, of California to be Ambassador to New Zealand, and to serve concurrently and without additional compensation as Ambassador to Samoa

Robert R. King, of Virginia to be Special Envoy on North Korean Human Rights Issues, with the rank of Ambassador

See the SFRC hearing page here for video and prepared statements.

SFRC Hearings: Zeitlin, Arvanat, Barton, Yohannes, Lomellin

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1st SESSION

Date: Wednesday, November 4, 2009Time: 2:30 P.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Menendez

Nominees:

Jide J. Zeitlin, of New York to be Representative of the United States to the United Nations for U.N. Management and Reform, with the rank of Ambassador and to be Alternate Representative of the United States to the Sessions of the General Assembly of the United Nations during his tenure of service as Representative of the United States to the United Nations for U.N. Management and Reform

Gustavo Arnavat, of New York to be United States Executive Director of the Inter-American Development Bank for a term of three years

Frederick D. Barton, of Maine to be Representative of the United States on the Economic and Social Council of the United Nations, with the rank of Ambassador

Daniel W. Yohannes, of Colorado to be Chief Executive Officer, Millennium Challenge Corporation Carmen Lomellin, of Virginia to be Permanent Representative of the United States to the Organization of American States, with the rank of Ambassador

SFRC hearing page is here (for video and prepared statements).

SFRC Hearings: Nominees for European Posts

Kennard, Legarde, Stroum, Tefft, Polt

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111th CONGRESS1st SESSION

Date: Thursday, October 8, 2009Time: 2:30 P.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Shaheen

William E. Kennard, of the District of Columbia to be Representative of the United States to the European Union, with the rank and status of Ambassador

James Legarde Hudson, of the District of Columbia to be United States Director for the European Bank for Reconstruction and Development

Cynthia Stroum, of Washington to be Ambassador to Luxembourg

The Honorable John F. Tefft, of Virginia to be Ambassador to Ukraine

The Honorable Michael C. Polt, of Tennessee to be Ambassador to the Republic of Estonia

Video of hearings and testimonies are posted here.

Reviewing Diplomatic Readiness

Gaps in Staffing, Experience and Languages

The Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia conducted a hearing last week on “A Review of U.S. Diplomatic Readiness: Addressing the Staffing and Foreign Language Challenges Facing the Foreign Service” (Thursday, September 24, 2009 | 02:30 PM | Dirksen Senate Office Building, room 342).

[view archive webcast]

This hearing addressed critical issues affecting diplomatic readiness; specifically foreign service officer (FSO) language capabilities and hardship post assignments. These issues have been highlighted by two U.S. Government Accountability Office reports requested by this Subcommittee (see links to reports below).

Member Statements

• Senator Daniel K. Akaka [View PDF]
• Senator George V. Voinovich [View PDF]

Witnesses

Panel 1

• Ambassador Nancy J. Powell [view testimony] Director General of the Foreign Service and Director of Human ResourcesU.S. Department of State
• Mr. Jess T. Ford [view testimony] Director, International Affairs and TradeU.S. Government Accountability Office

Panel 2

• Thomas D. Boyatt, President of the Foreign Affairs CouncilDelivered by Ambassador Ronald E. Neumann, (Ret.)[view testimony] PresidentAmerican Academy of Diplomacy
• Ms. Susan R. Johnson [view testimony] President American Foreign Service Association

Related Items:

Department of State: Additional Steps Needed to Address Continuing Staffing and Experience Gaps at Hardship Posts | GAO-09-874 September 17, 2009

Department of State: Comprehensive Plan Needed to Address Persistent Foreign Language Shortfalls | GAO-09-955 September 17, 2009

SFRC Hearings: Solomont, Feinstein, White, Fernandez

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1st SESSION

Date: Tuesday, September 15, 2009Time: 9:30 A.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Shaheen

Nominees:

Alan D. Solomont, of Massachusetts to be Ambassador to Spain, and to serve concurrently and without additional compensation as Ambassador to Andorra

Lee Andrew Feinstein, of Virginia to be Ambassador to the Republic of Poland

Barry B. White, of Massachusetts to be Ambassador to Norway

Jose W. Fernandez, of New York to be Assistant Secretary of State for Economic, Energy and Business Affairs

Related Items:

• Officially In: Alan D. Solomont to Madrid
• Officially In: Lee A. Feinstein to Warsaw
• Officially In: Barry White to Oslo
• Officially In: Jose W. Fernandez to be A/S at EEB

USAID Contractors Plead Guilty

Two separate cases within 8 days

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On September 2, an Oklahoma man pleaded guilty today for his role in a scheme to solicit kickbacks in connection with the award of a private security services subcontract to protect U.S. government personnel and contractors in Afghanistan. The man identified by DOJ as Bryan Lee Burrows, 42, of Wagoner, Okla., pleaded guilty before U.S. District Court Judge Leonie M. Brinkema in the Eastern District of Virginia to one count of conspiracy to solicit a kickback.

In August 2006, USAID awarded a $1.4 billion contract known as the Afghanistan Infrastructure Rehabilitation Project (the AIRP contract). The AIRP contract required the award of numerous subcontracts, including for the provision of security services to protect AIRP workers. According to court documents, from approximately February 2009 through May 2009, Burrows was employed in Kabul, Afghanistan, by Civilian Police International, a Virginia-based company that provides law enforcement training internationally. Burrows admitted that he conspired with others to solicit kickbacks from private security vendors in return for favorable treatment for those potential bidders in connection with the award of one or more subcontracts. According to court documents, the subcontracts provided for private security services to protect USAID personnel and contractors in Afghanistan operating under the AIRP contract.

On September 9, Delmar Dwayne Spier, the chief executive officer and managing director of United States Protection and Investigations, LLC (USPI), pleaded guilty in U.S. District Court for the District of Columbia to conspiracy, major fraud and wire fraud arising from an alleged scheme to defraud the United States. His wife, Barbara Edens Spier, the president and owner of USPI, also pleaded guilty to conspiracy to defraud the United States in connection with U.S.-sponsored rebuilding efforts in Afghanistan.

From the DOJ press release:

According to court documents, USPI, a Houston-based security firm, was a subcontractor for the U.S. Agency for International Development (USAID) based on a USAID contract with the Louis Berger Group Inc. (LBGI) as part of the Rehabilitation of Economic Facilities Program (REFS Program). The REFS Program was developed by USAID to provide a broad range of assistance to the people of Afghanistan. Under the USAID contract with LBGI, LBGI constructed a variety of infrastructure improvements, including electrical facilities, health facilities, schools and irrigation systems. USPI provided security at many LBGI construction sites.

According to court documents, the USPI subcontract was a cost-reimbursement contract, which required LBGI and ultimately USAID to reimburse USPI for all incurred expenses and pay USPI a fee equivalent to a percentage of its incurred expenses.

Delmar Dwayne Spier, 73, of Houston, admitted in his plea before U.S. District Judge Rosemary M. Collyer today that from June 2003 through July 2007, he defrauded the United States by obtaining reimbursement for inflated expenses purportedly incurred by USPI for rental vehicles, fuel and security personnel. Delmar Dwayne Spier and Barbara Edens Spier, 60, also of Houston, admitted before Judge Collyer today that they conspired with USPI employees to fabricate invoices from fictitious companies to obtain reimbursement from LBGI and ultimately from USAID to cover USPI’s inflated expenses.

The Spiers’ plea agreements require them to forfeit $3 million in proceeds that can be traced to the fraud. The conspiracy charge carries a maximum sentence of five years in prison and a $250,000 fine. The charge of wire fraud carries a maximum sentence of 20 years in prison and a $250,000 fine. The charge of major fraud carries a maximum sentence of 10 years and a $1 million fine. Sentencing has not yet been scheduled for either defendant.

Delmar Dwayne Spier and Barbara Edens Spier were initially indicted, along with former USPI employees William Felix Dupre and Behzad Mehr, on Sept. 30, 2008. Dupre is scheduled to go to trial on Dec. 10, 2009.

In a Mother Jones article profiling the Spiers' company, USPI, Daniel Schulman quoted a contractor saying that "Everyone's accountable in the end." Schulman concludes that "there's a big difference between being accountable and being held to account. The latter comes only after you've been caught."

More to come?

Donald Gambatesa, Inspector General, U.S. Agency for International Development who recently testified at the Subcommittee on National Security and Foreign Affairs hearing on “Afghanistan and Pakistan: Accountability Community Oversight of a New Interagency Strategy” says that his office has opened 44 investigations that have resulted in 8 indictments, 9 arrests, and 3 convictions, and that savings and recoveries have totaled $87 million.

The State Department’s OIG office says that during fiscal year 2009, its Middle East Investigative Branch’s investigations in Afghanistan include: Six (6) open investigations and four (4) preliminary inquiries, covering alleged criminal violations such as Fraud, False Statements, Conspiracy to Distribute a Controlled Substance, Sexual Exploitation of a Minor, Sexual Exploitation of a Third Country National, Unlawful Arrest/Detention, Reprisal, Assault, Embezzlement, Kickbacks, International Traffic in Arms violations, Human Trafficking, and Federal Acquisition Regulations violations.

Related Item:Mother Jones (7/27/09): The Cowboys of Kabul by Daniel SchulmanHow a pair of bankrupt Texas grandparents cashed in on Afghanistan's contracting bonanza

SFRC Hearings: Robert Hormats

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1^st SESSION

Date: Wednesday, September 9, 2009Time: 10:00 A.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Cardin

Senator Lugar's Opening Statement

Nominee

Robert D. Hormats of New York (PDF)to be Under Secretary of State for Economic,Energy, and Agricultural Affairs

Related Item: Officially In: Robert Hormats to “E”

SFRC Hearings: David Jacobson

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATE111^th CONGRESS1^st SESSION

Date: Wednesday, August 5, 2009Time: 10:00 A.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Kaufman

Nominee

David C. Jacobson, of Illinois to be Ambassador to Canada

The SFRC hearing page is here for videos and opening statements.

SFRC Hearings: Aaron Williams

Wednesday, July 29, 2009NOMINATIONS Time: 2:30 P.M.Place: 419 Dirksen Senate Office Building

Aaron S. Williams, of Virginia To be Director of the Peace Corps

The WH released the following brief bio: Currently a Vice President for International Business Development with RTI International, Aaron Williams has over 25 years of experience in the design and implementation of worldwide assistance programs. As a senior manager at the U.S. Agency for International Development (USAID), where he attained the rank of Career Minister in the US Senior Foreign Service, and as Executive Vice President at the International Youth Foundation, Mr. Williams established innovative public-private partnerships around the world. As USAID Mission Director in South Africa, Mr. Williams led a billion dollar foreign assistance program during President Nelson Mandela’s administration.

In addition to his work in South Africa, he has extensive experience in the strategic design and management of assistance programs in Latin America, Africa, Asia and the Middle East; including long-term assignments in Honduras, Haiti, Costa Rica, and Barbados and the Eastern Caribbean islands region. In addition to his tenure with USAID, Mr. Williams served on the Advisory Committee on Voluntary Foreign Aid at USAID. Mr. Williams was awarded the USAID Distinguished Career Service Award and the Presidential Award for Distinguished Service twice. He is a member of the Council on Foreign Relations, and he serves on the Advisory Board of the Ron Brown Scholar Program, the Board of Directors of CARE, and the Board of Directors of the National Peace Corps Association.Mr. Williams served as a Peace Corps Volunteer in the Dominican Republic (1967-70). Upon completing his service, he became the Coordinator of Minority Recruitment and Project Evaluation Officer for the Peace Corps in Chicago (1970-71). Mr. Williams is fluent in Spanish. He is a graduate of Chicago State University, and has an MBA from the University of Wisconsin.

Related Item:President Obama Announces Intent to Nominate Aaron Williams as Director of the Peace Corps, 7/14

SFRC Hearings: Eacho, Barzun, Foley, Murphy, Garber, Bass

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATEONE HUNDRED ELEVENTH CONGRESSFIRST SESSION

Date:Tuesday, July 28, 2009Time: Immediately following the2:15 p.m. business meetingPlace: 419 Dirksen Senate Office BuildingPresiding: Senator Shaheen

Panel 1:

William Carlton Eacho III, of Maryland to be Ambassador to the Republic of Austria

Matthew Winthrop Barzun, of Kentucky to be Ambassador to Sweden

James B. Foley, of New York to be Ambassador to the Republic of Croatia

Philip D. Murphy, of New Jersey to be Ambassador to the Federal Republic of Germany

Panel 2:

Judith Gail Garber, of Virginia to be Ambassador to the Republic of Latvia

John R. Bass, of New York to be Ambassador to Georgia

Click here to see the confirmation hearing statements and videos.

SFRC Hearings: Posner, Jones, Cousin, Killion, Kornbluh, Davies

COMMITTEE ON FOREIGN RELATIONSUNITED STATES SENATEONE HUNDRED ELEVENTH CONGRESSFIRST SESSION

Date: Tuesday, July 28, 2009Time: 9:30 A.M.Place: 419 Dirksen Senate Office BuildingPresiding: Senator Boxer

Nominees:

Panel 1:

• Michael H. Posner, of New York to be Assistant Secretary of State for Democracy,Human Rights, and Labor
• The Honorable Kerri-Ann Jones, of Maine to be Assistant Secretary of State for Oceans andInternational Environmental and Scientific Affairs

Panel 2:

• Ertharin Cousin, of Illinois for the rank of Ambassador during her tenure ofservice as U.S. Representative to theUnited Nations Agencies for Food and Agriculture
• David Killion, of the District of Columbia for the rank of Ambassador during his tenureof service as United States PermanentRepresentative to the United Nations Educational,Scientific, and Cultural Organization
• Karen Kornbluh, of New York to be Representative of the United States to theOrganization for Economic Cooperation andDevelopment, with the rank of Ambassador
• The Honorable Glyn T. Davies, of the District of Columbia to be Representative of the United States to theVienna Office of the United Nations, with the rank of Ambassador, and to be Representative of theUnited States to the International Atomic EnergyAgency, with the rank of Ambassador

Click here to see the confirmation hearing statements and videos.