USAID: That time when an employee wrote to Rajiv Shah and said, “Do us a favor and quit…” #ClintonEmails

Posted: 12:42 am EDT

 

The email addressed to then USAID Administrator Rajiv Shah was sent in October 2010 by a USAID employee. It was shared by Dr. Shah with senior USAID and State Department officials and forwarded to HRC by Chief of Staff Cheryl Mills.  Dr. Shah was USAID Administrator from January 7, 2010 to February 19, 2015. He was succeeded by Gayle Smith as USAID Administrator in December 2015.

Shah writes that he was “somewhat amazed” that somebody actually sent such a letter to him and says that he “really believe our overall narrative lacks credibility and do believe the qddr will need be a key document in terms of trying to win over the building.”

He also writes that, “For everyone one (sic) of these totally crazy emails/people there are 100 moderate people that we need to win over – and they are watching with skepticism right now.”

HRC’s response is to first “do a background check on who she is,”  referring to the USAID employee.  She calls the email “a typical DC bureaucratic rant,” and says it reminds her of “some of the town hall questioners I’ve had.”  

The email below from a USAID employee whose name is redacted is pretty brutal, calling the then administrator of less than a year, “a patsie,” and “a puppet” while urging the USAID boss to “quit with at least some dignity…”

We have not been able to find a trail on what if ever was USAID or State’s response.  Mills writes to HRC that she wants “to be helpful and creative in thinking through a response.”  This document is part of the latest Clinton email dump.

 

 

Related items:

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Visa Fraudster With 25 Fraudulent H-1B Visa Petitions Gets 3 Years Probation and $400,000 Forfeiture

Posted: 12:01 am EDT

 

Via state.gov/ds:

OAKLAND, Calif. – A federal judge has sentenced a British man to three years of probation and the forfeiture of $400,000 for his role in a visa-fraud scheme, announced Special Agent In-Charge David Zebley of the U.S. Department of State’s Diplomatic Security Service (DSS) San Francisco Field Office.

Madhu Santhanam, 41, was sentenced on January 7, 2016, by U.S. District Judge Yvonne Gonzalez Rogers in the Northern District of California following Santhanam’s guilty plea to a count of conspiracy to commit visa fraud.

In his December 10, 2014, plea agreement, Santhanam, owner of Maan Systems of Union City, California, admitted that he had submitted at least 25 fraudulent I-129 petitions between September 2009 and June 2013. Employers must submit these documents to obtain H-1B visas for highly skilled immigrant applicants seeking to work in the United States.

In many of his fraudulent I-129 applications, Santhanam falsely indicated that the applicants would be working at his company or placed at Fortune 500 companies, but instead he placed the workers at unapproved worksites. As part of his plea agreement, Santhanam paid a forfeiture judgment totaling $400,000.

The successful prosecution was the result of an investigation led by the DSS special agent assigned to the Document and Benefit Fraud Task Force (DBFTF), an interagency investigative body overseen by the Homeland Security Investigations Directorate of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement.

So no jail time, only probation, and he forfeited $400K to USG, which is about $16K per fraudulent H1-B visa petition. A high risk, high return enterprise.

When the guilty plea was announced in December 2014, DOJ says that the maximum statutory penalty for conspiracy to commit visa fraud, in violation of 18 U.S.C. §§ 371 and 1546, is a maximum term of 5 years in prison, a fine of $250,000, and 3 years of supervised release.

Wow! All that work for the feds, and over 12 months after the guilty plea, and not a single day in jail. What does it take before fraud like this gets taken seriously enough that we actually put people in jail?

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USG Creates New National Background Investigations Bureau (NBIB) After OPM Data Breach

Posted: 12:16 am EDT

 

Last week, OPM announced a series of changes to modernize and strengthen the way it conduct background investigations for Federal employees and contractors and protect sensitive data. The new bureau will be housed at OPM but will have DOD IT security and operation. It also absorbs OPM’s Federal Investigative Services (FIS).  It is described as a new government wide-service provider. It is not clear how this will affect agencies like the State Department who conducted their own separate background investigations in the past.

Below is an excerpt from the OPM announcement:

These changes include the establishment of the National Background Investigations Bureau (NBIB), which will absorb the U.S. Office of Personnel Management’s (OPM) existing Federal Investigative Services (FIS), and be headquartered in Washington, D.C. This new government-wide service provider for background investigations will be housed within the OPM. Its mission will be to provide effective, efficient, and secure background investigations for the Federal Government. Unlike the previous structure, the Department of Defense will assume the responsibility for the design, development, security, and operation of the background investigations IT systems for the NBIB.

Today’s announcement comes after an interagency 90-Day Suitability and Security review commenced last year in light of increasing cybersecurity threats, including the compromise of information housed at OPM, to re-examine reforms to the Federal background investigations process, assess additional enhancements to further secure information networks and systems, and determine improvements that could be made to the way the Government conducts background investigations for suitability, security and credentialing.

This review was conducted by the interagency Performance Accountability Council (PAC), which is chaired by the Office of Management and Budget (OMB) and comprised of the Director of National Intelligence (DNI), the Director of the U.S. Office of Personnel Management, in their respective roles as Security and Suitability Executive Agents of the PAC, and the Departments of Defense (DOD), the Treasury, Homeland Security, State, Justice, Energy, the Federal Bureau of Investigation, and others. It also included consultation with outside experts.

We are proud of the collaborative effort of the interagency team that helped identify these critical reforms. And we are committed to protecting the security of not only our systems and data, but also the Personally Identifiable Information of the people we entrust with protecting our national security.

We also want to thank the men and women of OPM’s Federal Investigative Services for the work they do every day to provide quality background investigations to agencies across Government.

The Administration will establish a transition team that will develop a plan to stand up NBIB and migrate the existing functions of the current Federal Investigative Service to the NBIB, and to make sure that agencies continue to get the investigative services they need during the transition.

For more information about today’s announcement please go to https://www.whitehouse.gov/blog/2016/01/22/way-forward-federal-background-investigations.

 

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OPM Declares DC Area Fed Offices Closed Monday, January 25

Posted: 7:11 pm EDT

 

Non-emergency employees will be granted excused absence (administrative leave) for the number of hours they were scheduled to work unless they are:

  • required to telework,
  • on official travel outside of the Washington, DC area,
  • on pre-approved leave (including leave without pay), or
  • on an alternative work schedule (AWS) day off.

Telework-Ready Employees who are scheduled to perform telework on the effective day of the announcement or who are required to perform telework on a day when Federal offices are closed must telework the entire workday or request leave, or a combination of both, in accordance with their agency’s policies and procedures, subject to any applicable collective bargaining requirements (as consistent with law).

Emergency Employees are expected to report to their worksite unless otherwise directed by their agencies.

(Posted on January 24, 2016 at 5:40 PM)

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OPM Announces Operating Status Ahead of Snowmageddon, Look Who Got Upset at No Snow Day!

Posted: 2:55 am EDT
Updated: 1/27/16 at 4:53 pm, swapped tweet with YouTube link due to missing plugin.

Via OPM:

Federal agencies in the Washington, DC area are OPEN and employees have the OPTION for UNSCHEDULED LEAVE OR UNSCHEDULED TELEWORK. Employees, who report to their worksite, should depart 4 hours earlier than their normal departure time, but NO LATER THAN 12:00 PM, at which time FEDERAL OFFICES in the Washington, DC area are CLOSED.

The video below by Gumburcules uploaded on January 21, is based on the movie Downfall.  So the Capital Weather Gang apparently lied again!! 43,365 hits and counting and this will now join the ranks of Hitler Rant Parodies on YouTube (yes, it’s a thing). The Washington City paper says that the video was created on a lunch break by thirty-year-old federal worker and D.C. native Andrew Huber.

 

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US Implements Visa Waiver Restrictions For Dual Nationals From Iran, Iraq, Sudan, and Syria

Posted: 6:09 pm EDT

 

The ‘‘Consolidated Appropriations Act, 2016’’ which became Public Law No: 114-113 on December 18, 2015 includes a provision for “terrorist travel prevention and visa waiver program” officially called the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’.  The new law which affects dual nationals from WVP countries and Iran, Iraq, Sudan and Syria includes a waiver to be be exercised by the DHS secretary.  The new law also requires the Secretary of Homeland Security to submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority during the previous year.

On January 21, the State Department announced the implementation of the changes to the Visa Waiver Program. Below is the announcement:

The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis.

Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
  • Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
  • Individuals who have traveled to Iraq for legitimate business-related purposes.

Again, whether ESTA applicants will receive a waiver will be determined on a case-by-case basis, consistent with the terms of the law. In addition, we will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.

Any traveler who receives notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with a valid nonimmigrant visa issued by a U.S. embassy or consulate. Such travelers will be required to appear for an interview and obtain a visa in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.

Information on visa applications can be found at travel.state.gov.

Current ESTA holders are encouraged to check their ESTA status prior to travel on CBP’s website at esta.cbp.dhs.gov.

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A couple days ago ….

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OPM Issues Guidelines For Incentive Awards During 2016 Election Period

Posted: 12:55 am EDT

 

On January 11, Acting Director Beth F. Cobert issued the  OPM guidelines for Appointments and Awards During the 2016 Presidential Election Period. Below is an excerpt on the prohibition of awards  from June 1, 2016 – January 20, 2017:

Under 5 U.S.C 4508, an incentive award may not be given during the period beginning June 1, 2016, through January 20, 2017, to a senior politically appointed officer, defined as:

  1. An individual who serves in an SES position and is not a career appointee as defined in 5 U.S.C. 3132(a)(4), or
  2. An individual who serves in a position of a confidential or policy determining character as a Schedule C employee.

Because Limited Term/Limited Emergency appointees are not “career appointees,” they meet this definition of senior politically appointed officer and cannot receive incentive awards during the 2016 election period.

In addition, all political appointees continue to be covered by a freeze on discretionary awards, bonuses, and similar payments.  This freeze was established by Presidential Memorandum on August 3, 2010 (https://www.whitehouse.gov/the-press-office/presidential-memorandum-freeze-discretionary-awards-bonuses-and-similar-payments) and continues to remain in effect until further notice (https://www.chcoc.gov/content/guidance-awards-fiscal-year-2014). Agencies should continue to apply this freeze in accordance with OPM’s guidance at https://www.chcoc.gov/content/guidance-freeze-discretionary-awards-bonuses-and-similar-payments-federal-employees-serving.

For additional guidance regarding appointments of current or former political appointees to competitive service, non-political excepted service, or career SES position, contact Ana A. Mazzi, Deputy Associate Director for Merit System Accountability and Compliance, at (202) 606-4309 or PoliticalConversions@opm.gov.  For guidance on awards during the 2016 Presidential election period, contact Steve Shih, Deputy Associate Director for Senior Executive Services and Performance Management, by calling (202) 606-8046 or Performance-Management@opm.gov.

Read more here.

 

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About Time For That Washington Ritual: Watch Out For Political Appointees “Burrowing In”

Posted: 12:53 am EDT

 

Late last year, WaPo wrote about the watchdogs being in the lookout for Obama appointees ‘burrowing in’:

As each administration winds down, some political appointees traditionally seek to continue their government service as career employees beyond the administration they served. Also known as “conversions,” the practice has attracted skepticism from government watchdogs and experts but has become known as something of a Washington ritual.
[…]
In 2010, GAO reviewed 26 federal departments and agencies that converted 139 people from political to career positions from May 2005 through May 2009. While the majority of the conversions followed proper procedures, GAO said at least seven might have violated the merit-based system, including a Department of Veterans Affairs appointee who lacked the required experience and a Justice Department employee who received a career position despite unfavorable recommendations from government interviewers.

A separate WaPo report notes that in May 2006, investigators found that 23 agencies hired 144 political appointees from the G.W.Bush administration into career positions from May 2001 to April 2005. “In at least 18 cases the agencies did not follow proper procedures, the GAO found, citing problems such as hiring appointees with limited qualifications, creating positions for specific individuals and disregarding veterans’ preference laws.”

It also cites a report from 2002 where apparently between October 1998 and April 2001, 111 political appointees and congressional aides from the Clinton administration landed career jobs in 45 executive-branch agencies.

On January 11, 2015, OPM also issued guidelines for processing certain appointments during the 2016 presidential election period.

I.  Appointment of Current or Former Political Appointees to Career Civil Service Positions

Agencies must seek prior approval from OPM before appointing a current or recent political appointee to a competitive or non-political excepted service position at any level under the provisions of title 5, United States Code.  A former or recent political appointee is someone who held a political appointment covered by OPM’s policy within the previous five-year period.  OPM reviews these proposed appointments to ensure they comply with merit system principles and applicable civil service laws.  OPM’s memo and instructions regarding political appointees and career civil service positions is available at https://www.chcoc.gov/content/political-appointees-and-career-civil-service-positions.  The memo includes pre-appointment review checklists to assist agencies in preparing their submissions for review.

Note:  Schedule C employees may not be detailed to competitive service positions without prior OPM approval [see 5 CFR 300.301(c)], and no competitive service vacancy should be created for the sole purpose of selecting a Schedule C or Noncareer SES employee. 

OPM prepared a series of questions and answers (Q&As) to respond to agency inquiries about its policy for pre-appointment reviews and to provide additional details that will help agencies meet the policy’s requirements.  These Q&As, which follow, are also available at http://www.opm.gov/FAQs/topic/ppa/index.aspx?page=1

II.  Appointing Employees to the Senior Executive Service

OPM will continue to conduct merit staffing reviews of proposed career SES selections that involve a current or former political, Schedule C, or Noncareer SES appointee before such cases are formally presented to a Qualifications Review Board (QRB).  Agencies should carefully review all actions that would result in the career SES appointment of a political, Schedule C, or Noncareer SES before forwarding such cases to OPM.

Note:  All SES vacancies to be filled by initial career appointment must be publicly announced (5 CFR 317.501).  Only a career SES or career-type non‑SES appointee may be detailed to a Career-Reserved position (5 CFR 317.903(c)).  

In addition, OPM will suspend the processing of QRB cases when an agency head leaves office or announces his or her intention to leave office, or if the President has nominated a new agency head.  OPM imposes a moratorium on QRB cases as a courtesy to a new agency head when it learns of an agency head’s planned departure.  However, OPM will consider requests for exceptions to such a moratorium on a case-by-case basis.  When a presidential transition occurs, OPM will determine the disposition of QRB cases based upon the policy of the new administration.

In the same announcement, OPM released its Do’s and Don’t’s with burrowing employees:

Effective January 1, 2010, OPM conducts on-going pre-appointment reviews of current or former political appointee, Schedule C employee, and Noncareer SES member appointments to the competitive or exceptive service.  OPM seeks to ensure that the merit system principle of fair and open competition is protected.  With this in mind, these are the two most common reasons for OPM not to approve an appointment or a conversion:

  1. the new position appears to have been designed solely for the individual who is being converted, and/or
  2. competition has been limited inappropriately.

Below are “Do’s” that will help agencies with the conversion approval process:

  • Do make a public announcement through OPM’s USAJOBS when filling competitive or excepted service vacancies from candidates outside your own agency’s workforce.
  • Do carefully consider the Interagency Career Transition Assistance Plan for Displaced Employees regulations (5 CFR 330, Subpart G) before making selections.
  • Do ensure the Chief Human Capital Officer and Human Resources Director closely review all such proposed actions to determine if they meet the test of merit.
  • Do ensure the Chief Human Capital Officer and Human Resources Director gather all necessary internal agency approvals before presenting a case to OPM for review.

And “Don’ts”:

  • Don’t create or announce a competitive or excepted service vacancy for the sole purpose of selecting a current or former political appointee, Schedule C employee, or Noncareer SES member.
  • Don’t remove the Schedule C or Noncareer SES elements of a position solely to appoint the incumbent into the competitive or excepted service.

Read more here.

 

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