Category Archives: Govt Reports/Documents

State Department’s Computer Systems Hacked, 5th Known Agency Breach This Year?

– Domani Spero

 

Just the bit of bad news you don’t need to start your Monday:

 

Below via WaPo:

The State Department did not seek to publicize that it had been hacked. On Friday, it announced that “maintenance” would be done to the unclassified network during a routine, scheduled outage. But on Sunday, after the Associated Press first reported the breach, officials acknowledged they had found traces of suspicious activity in their system and were updating security in the middle of a scheduled outage. In a sign of how complete the shutdown was, duty officers were using Gmail accounts.

A senior State Department official, who spoke on the condition of anonymity to discuss the breach, also told WaPo that “none of the department’s classified systems were compromised.”

Would State report publicly the classified intrusion if those systems were compromised?

This report follows the confirmation of a hack at the National Oceanic and Atmospheric Administration which reportedly forced cybersecurity teams to seal off data vital to disaster planning, aviation, shipping, etc. this past September, the reported breach of the computer networks of the United States Postal Service, compromising the data of more than 800,000 employees and a breach at the White House.  In June this year, the WSJ also reported the breach of computer systems at the Office of Personnel Management, which stores data on federal employees.

An unnamed official told nextgov.com that State is bolstering the security “of its main unclassified network during a scheduled outage of some Internet-linked systems.” The site, nextgov.com says it is “unclear why officials waited until this weekend to disconnect potentially infected systems at State.”

As of this writing, the State Department’s mobile access (go.state.gov) is down with the following notice: “The Department is currently experiencing an ongoing, planned outage to upgrade our network.  during this event, mobile access (GO) will be unavialable.  We apologize for any inconvenience this may cause you.  For questions or more information, please contact the IT Service Center at 202-647-2000.”

We understand that GO will be down until further notice and may need to be rebuilt. A mobile copy is currently live at http://m.state.gov.

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In totally unrelated news, and nothing/nothing whatsoever to do with this reported hack – State/OIG on November 7, published its Audit of Department of State Information Security Program.  The report is readable if you don’t mind the redacted parts:

Screen Shot 2014-11-15 at 11.11.19 AM

Below is an excerpt:

Information technology security controls are important to protect confidentiality, integrity, and availability of information and information systems. When they are absent or deficient, information becomes vulnerable to compromise.[REDACTED]
[...]
Although we acknowledge the Department’s actions to improve its information security program, we continue to find security control deficiencies in multiple information security program areas that were previously reported in FY 2010, FY 2011, FY 2012, and FY 2013. Over this period, we consistently identified similar control deficiencies in more than 100 different systems. As a result, the OIG issued a Management Alert in November 2013 titled “OIG Findings of Significant and Recurring Weaknesses in the Department of State Information System Security Program” that discussed significant and recurring control weaknesses in the Department’s Information System Security Program [REDACTED B(5)]

The FY 2013 FISMA audit report contained 29 recommendations intended to address identified security deficiencies. During this audit, we reviewed corrective actions taken by the Department to address the deficiencies reported in the FY 2013 FISMA report. Based on the actions taken by the Department, OIG closed 4 of 29 recommendations from the FY 2013 report.
[...]
We identified control deficiencies in all [Redacted] (b) (5)  of the information security program areas used to evaluate the Department’s information security program. Although we recognize that the Department has made progress in the areas of risk management, configuration management, and POA&M since FY 2013, we concluded that the Department is not in compliance with FISMA, OMB, and NIST requirements. Collectively, the control deficiencies we identified during this audit represent a significant deficiency to enterprise-wide security, as defined by OMB Memorandum M-14-04.
[...]
Although we found the Department’s Computer Incident Response Team (CIRT) Standard Operating Procedures aligned with NIST SP 800-61, Revision 2,39 procedures do not clearly state all the bureaus, offices, and organizations that require notification prior to closing an incident. As a result, DS/SI/CS did not report all incidents to the U.S. Computer Emergency Readiness Team (US-CERT) as required. Specifically, 1 out of 22 (5 percent) security incidents we tested was not reported to the US-CERT, even though it was a Category 4 incident and involved potential classified spillage. If the Department does not report data spillage incidents (potential or confirmed) to US-CERT within the established timeframes, US-CERT may not be able to help contain the incident and notify appropriate officials within the allotted timeframe.

According to State/OIG, Category 4 incidents are incidents involving improper usage of Department systems or networks (that is, a person that violates acceptable computing use policies).

According to OMB Memorandum M-14-04, a significant deficiency is defined as a weakness in an agency’s overall information systems security program or management control structure, or within one or more information systems that significantly restricts the capability of the agency to carry out its mission or compromises the security of its information, information systems, personnel, or other resources, operations, or assets. via

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Related item:

Audit of Department of State Information Security Program; Published On: November 07, 2014; Report Date: November 2014; Report Number: AUD-IT-15-17; View Report: aud-it-15-17.pdf

 

 

 

 

 

 

 

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Ex-USAID/OIG Pakistan: Finding fully developed for final report, whatchatalkinbout?

– Domani Spero

 

We previously blogged recent items about USAID (see below):

In response to WaPo’s Oct. 23 article “USAID watchdog said to alter reports,” USAID/OIG has released a two-page statement dated October 24 citing its “extensive track record of providing independent, robust oversight.” It has tweeted that October 24 statement multiple times since it was first linked to on Twitter on October 27.

Screen Shot 2014-11-03

 

Yesterday, WaPo published a letter to the editor from Joseph Farinellaa senior FSO who was USAID/OIG director in Pakistan:

The Oct. 23 front-page article “USAID watchdog said to alter reports” cited a Sept. 30, 2012, inspector general’s report on an audit of a U.S. Agency for International Development assistance program in Pakistan. I was the inspector general director in Pakistan whose office conducted the audit. The article cited a draft audit finding placed in a confidential “management letter” rather than in the final published report. The inspector general’s chief of staff said that this was done because our work was not supported by evidence and more time was needed to develop information for a final report.

I recently retired as a senior Foreign Service officer with more than 40 years of worldwide audit experience in several organizations. Our finding on the program not operating efficiently and effectively was fully developed for inclusion in the final report. We provided examples of funds not used for main program goals, why this happened and the negative effect on the program.

Instead of a fully developed finding with recommendations in a published audit report, information was provided to the mission director in a letter. Sen. Tom Coburn (R-Okla.) said it all: “That’s ridiculous. The finding shouldn’t have been removed.”

Okay, maybe the USAID/OIG or his chief of staff would like to take a stab at this again?

Once more with feelings.

It seems to us that there is an easy remedy here for USAID/OIG if it really wishes to put these allegations to rest.

  • First, release all the draft audit reports as a companion to each of the final reports that are the subject of these allegations. It will give us, the paying public, a way to gauge just how much sanitation work were or were not done with these reports.
  • Second, USAID/OIG can release all the confidential “management letters” or “management alerts” it issued to USAID management, and all follow-up actions.  The October 24, 2014 USAID/OIG statement  says that “OIG’s current policy and practice is to post all management letters on its public Web site. This policy has been applied to management letters issued from April 2014 forward.” Okay, but that’s not any help with these allegations as there’s no way to tell how many “management letters” have actually been issued by USAID/OIG previous to April 2014. The allegation is that audit findings were placed on management letters that are not accessible to the public. So let’s see those management letters online and see which audit findings were not supported by evidence.

These allegations go to the heart of USAID/OIG’s mandate as an independent overseer of the people’s money.  Here now, we have an ex-auditor for a specific program publicly contradicting USAID/OIG’s official spin, not to mention the multiple whistleblowers who also came forward. Sorry, but a two-page statement touting the office’s “independent and robust oversight” will not be good enough to shut this down.

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Office of Inspector General Adds Evaluations and Special Projects Office, Launches New Website

– Domani Spero

 

The State Department Office of Inspector General has been recruiting and hiring new staffers the last several months. The latest change is the addition of a new directorate and the relaunching of its website.  The snazzy, new website includes a video with IG Steve Linick.  The new site also includes a better search function to locate reports by category, topic, location or bureau/office.

Screen Shot 2014-10-30 at 9.18.21 PM
New org chart below. Note that Emilia DiSanto is no longer in an acting capacity but has been formally appointed as IG Linick’s deputy.

Screen Shot 2014-10-20

 

Perhaps the most notable addition is that of Evaluation and Special Projects:

The Office of Evaluations and Special Projects (ESP) was established in 2014 to strengthen OIG’s oversight of the Department and BBG, and to improve OIG’s capabilities to meet statutory requirements of the Whistleblower Protection Enhancement Act of 2012. ESP will fulfill OIG’s whistleblower protection duties by educating Department and BBG employees and contractors on the protections from retaliation for disclosing fraud, waste, or abuse. ESP is also responsible for reviewing allegations of administrative misconduct by senior officials, and issuing management alerts to highlight urgent need for corrective actions and capping reports on thematic areas of concern. Additionally, ESP is responsible for special evaluations and reviews, including responses to congressional inquiries. The work of this new office complements the work of OIG’s audits, investigations, and inspections by developing a capacity to focus on broader, systemic issues.

ESP has issued a Management Alert on Grant Management Deficiencies (MA-14-03), which highlights significant deficiencies in Department grants management oversight. It also produced a Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01), which examined allegations of undue influence and favoritism in eight high-profile internal investigations conducted by the Bureau of Diplomatic Security (DS).

Also, the new website includes the State OIG Winners for 2014 CIGIE Annual Awards including an Award of Excellence in Investigation for an Individual that went to Special Agent Jeff Whitney:

The Office of Investigations received the Award of Excellence in Investigations, Individual awarded to Special Agent (SA) Jeff Whitney for his exceptional performance in the conduct of investigations supporting contingency operations in Southwest Asia and the protection of high-risk Department resources. SA Whitney led two complex investigations in Kabul, Afghanistan, which resulted in a $1.7 million cost savings to the Department and a combined debarment of at least 26 contractor entities. These investigations involved schemes relating to bid rigging, antitrust violations, bribery, conflict of interest, and violations of the Procurement Integrity Act. SA Whitney diligently and effectively worked with prosecutors from the Department of Justice and Special Agents from the Federal Bureau of Investigations, Special Inspector General for Afghanistan Reconstruction and the Defense Criminal Investigative Service to interview several witnesses and subjects, write and serve multiple search warrants and travel to dangerous environments within Afghanistan in order to accomplish investigative objectives. SA Whitney also met with numerous Department and Embassy Officials to aide them in their efforts to improve their processes to ensure these types of schemes are not replicated in the future.

Check it out!

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U.S.Embassies Face Host Country Harassment:  From Petty Actions to Poisoning of Family Pets

– Domani Spero

 

ABC News’ Kirit Radia wrote recently about how the US Embassy in Moscow is facing cold war-era harassment:

One American diplomat’s tires were slashed. Another’s personal email was hacked. Still others reported mysterious break-ins.

The incidents are all signs, U.S. officials and experts said, that aggressive, Soviet-era counterintelligence tactics are back in fashion in Russia.

The number of incidents targeting American diplomats in Moscow has increased in recent years to levels not seen since the Cold War, officials said.

Taken together, they paint an escalating pattern of intimidation and harassment that is believed to be led by Russia’s Federal Security Services (FSB), a successor to the Soviet KGB.
[….]
Some of the alleged Russian actions seemed petty. In several instances, U.S. officials returned home to find their belongings had been moved or a window left open in the middle of winter. American diplomats have also been trailed more overtly by Russian security agents.

Others attempted to interfere with diplomatic work, like disrupting public meetings with Russian contacts. Uniformed guards provided by Russia to stand outside the embassy, ostensibly for protection, have harassed visitors and even employees trying to enter the building.
[…]
Ambassador McFaul was followed almost everywhere he went in an aggressive, at times threatening way by both Russian security agents and pro-Kremlin television stations, even while attending private events with his family.

In one notably flagrant episode, according to officials, McFaul was stranded in the Russian Foreign Ministry parking lot after police stopped his driver for a minor infraction and revoked his driver’s license on the spot.

Read in full: US Embassy in Moscow Faces Cold War-Era Harassment.

On October 29, the Russian Foreign Ministry said it believed “the allegations could have been cooked up at the suggestion of the U.S. State Department,” according to TASS and accused the United States of spying on official Russians in the United States, as well as the following:

[T]he United States is making regular attempts to recruit our diplomats by means of gross provocations involving the use of illegally obtained personal data, including information on the health of family members,” the Russian Foreign Ministry stressed.

Perhaps this is in reference to the 49 Russian Diplomats/Spouses Charged With Picking Uncle Sam’s Pocket in Medicaid Scam? That one where the FBI says that of the 63 births to the Russian diplomats and their spouses in New York City between the years 2004 and 2013, 58 of those families, or 92% were allegedly paid for by Medicaid benefits.

In any case, we can tell you that the U.S. Embassy in Moscow is not alone when it comes to host country harassment.

Belarus

In Belarus where parliamentary democracy ended with the 1994 presidential election of Alexander Lukashenko, staff members at the U.S. Embassy in Minsk, both American and local nationals have also been subjected to regular harassment by the Belarusian security services.  “To visit Embassy Minsk is to step back in time to an era when American diplomats in Eastern Europe operated in inhospitable environments,” reports the OIG. The following is excerpted from the State/OIG inspection report from September 2013:

American staff residences have been entered surreptitiously [REDACTED]. The embassy and all U.S. and Belarusian staff are under constant physical surveillance.
[…]
Staff members operate on the assumption that everything sent on unclassified systems or spoken on the telephone is monitored by Belarusian security services and other local security agencies. See OIG, Belarus September 2013 (pdf).
[…]
In July 2012 authorities installed police checkpoints at all embassy gates and at the public affairs office. Police take personal information from both U.S. and Belarusian citizens before allowing visitors to enter. Except in rare cases, when U.S. Government officials make temporary visits to Minsk, host-country authorities require that an equivalent number of permanent American staff members leave the country to maintain the five-person limit. This restriction and persistent harassment hamper mission operations and program implementation.

Take a look at this current staffing that has been the norm for a while:

Screen Shot 2014-10-29

Pakistan

In May 2012, State/OIG noted the official harassment of US Mission Pakistan by the Pakistani Government.  We should note that Pakistan is the 3rd largest recipient of U.S. foreign assistance in FY2012 at $1.821B, after Israel and Afghanistan. In the FY 2014 budget request, Pakistan slipped to #4, dislodged by Egypt, but still receiving foreign assistance in the amount of $1.2B.  Below is what the OIG inspector wrote about the harassment of U.S. mission elements in Pakistan; most of the section on this topic, of course, is redacted from the report:

Official Pakistani obstructionism and harassment, an endemic problem in Pakistan, has increased to the point where it is significantly impairing mission operations and program implementation (REDACTED (b) (5).  The issue of harassment must be made an integral part of high-level policy discussions with the Pakistani Government regarding the future of the bilateral relationship.
[...]
Official Harassment:  U.S. official entities operating in Pakistan have long been subjected to unusual, government-initiated obstructionism and harassment. That harassment has reached new levels of intensity, however, after the events of 2011. The embassy describes the harassment as deliberate, willful, and systematic. While other diplomatic missions have experienced similar treatment, the United States is clearly the principal target. The harassment takes many forms: delayed visa issuances; blocked shipments for both assistance programs and construction projects; denials of requests for in-country travel; and surveillance of and interference with mission employees and contractors. (REDACTED).

The scope and impact of official Pakistani harassment and obstructionism is described in the Background section of this report.  (LOOONG REDACTION).

The good news here is that so far, except in Homeland, no ex-CIA director has yet been kidnapped and spirited out of Islamabad while locked in the trunk of a car.

Cuba

Beyond petty harassment like blocked shipments and delayed visa issuance, perhaps the worse ones are reports of harassment out of Havana, Cuba where the OIG in 2007 says that “USINT life in Havana is life with a government that “let’s you know it’s hostile.”

Apparently, retaliations at that time have ranged from the petty to the poisoning of family pets. The regime had also gone to great lengths to harass some employees by holding up household goods and consumable shipments. The apparent goal apparently, had been  “to instigate dissension within USINT ranks. “

C’mon, poisoning the pets?!

Fast forward to 2014 and not much have changed.  Here is what the OIG report says:

  • Mission employees face a difficult working environment. U.S. officers can meet only with certain government officials. They are allowed to travel only a limited distance from Havana without special permission. Shipments of supplies, mail, and personal effects are frequently delayed. Normal banking operations are nonexistent. Consumer goods are scarce and expensive. Communication facilities are substandard.
  • Surveillance of U.S. and local employee staff members by Cuban authorities is pervasive.
  • USINT officers’ travel is limited to within Havana province. Permission to travel outside that area requires sending a diplomatic note a minimum of 5 days before travel begins.
  • Shipments of official procurements take 6 months or more to be cleared even after receiving pre-clearance from the Ministry of External Relations–another lengthy process. Unclassified pouches with personal mail are often rejected and sent back to the United States. Incoming household effects, which take 1 day to sail from Miami to Havana, have sat for months in the port awaiting clearance; the same holds for personal vehicles and consumables.
  • Cuban customs authorities open and x-ray both inbound and outbound shipments before they will clear them.

At least there’s no more poisoning of the family pets of the U.S. Interest Section Havana staffers.  And no one, as far as we know, has been reported to accept the offer of  “*Cigars, señora?” from a handsome young man. (*from an FS spouse short fiction about life in Cuba via American Diplomacy).

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State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s Not

– Domani Spero

 

In June last year, CBS News’ John Miller reported that according to an internal State Department Inspector General’s memo, several recent investigations were influenced, manipulated, or simply called off at the State Department. The memo obtained by CBS News cited eight specific examples.

Memos showed that probes included allegations of:

  • A State Department security official in Beirut “engaged in sexual assaults” on foreign nationals hired as embassy guards
  • Members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries” — a problem the report says was “endemic.”
  • An “underground drug ring” was operating near the U.S. Embassy in Baghdad and supplied State Department security contractors with drugs.
  • The case of a U.S. Ambassador who held a sensitive diplomatic post and was suspected of patronizing prostitutes in a public park.
  • Investigation into an ambassador who “routinely ditched … his protective security detail” and inspectors suspect this was in order to “solicit sexual favors from prostitutes.”
  • “We also uncovered several allegations of criminal wrongdoing in cases … some of which never became cases,” said Aurelia Fedenisn, a whistleblower and former investigator for the Inspector General.

You may revisit that CBS News report here. At that time, State/OIG told us that “On its own initiative, OIG’s Office on Investigations has been conducting an independent review of allegations referred to it by our Office of Inspections.” In a statement to CBS News, State/OIG also said about the investigation: “We staffed it independently and appropriately and they were people hired specific for this review at the end of 2012. They are on staff. We staffed it with the best people we can find at hand to do the job.”

We’ve blog about this previously:

Yesterday, State/OIG finally released its long-awaited report to this investigation, excerpt below:

The allegations initially related to eight, high-profile, internal investigations. [...]

In three of the eight internal investigations, OIG found that a combination of factors in each case created an appearance of undue influence and favoritism by Department management. The appearance of undue influence and favoritism is problematic because it risks undermining confidence in the integrity of the Department and its leaders.

This review assesses the Department’s handling of those eight investigations. OIG did not reinvestigate the underlying cases. In conducting this review, OIG interviewed Department employees, examined case files, and reviewed 19,000 emails culled from the Department’s electronic communications network. OIG’s findings are not necessarily indicative of systemic issues affecting all DS cases. However, they reveal issues with current Department policies and procedures that may have significant implications regarding actual or perceived undue influence.

Handling “management issues” relating to a U.S. Ambassador

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.
[...]
The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3 (underlined for emphasis)

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6

But the footnotes!

2* 3 FAM 4322.2 states that incidents or allegations involving Chiefs of Mission that could serve as grounds for disciplinary action and/or criminal action must be immediately referred to OIG or DS to investigate. This section further states that “[i]n exceptional circumstances, the Under Secretary for Management…may designate an individual or individuals to conduct the investigation.” No guidance exists describing what factors to consider in determining what constitutes “exceptional circumstances.”

3* In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter.

4* 3 FAM 4322.3.a provides that a management official “must initially determine whether he, she, or another management official should be the investigating official, or whether the matter should be referred to” OIG or DS for further action. This section further provides that if the official determines that the “alleged misconduct is relatively minor, such as leave abuse or failure to perform assigned duties, that official or another management official may handle the administrative inquiry” and need not refer the matter to OIG or DS.

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

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

OIG to M’s “exceptional circumstances”  – what the heck is that?

“…OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

Well, it’s shocking that M, DS and the Legal Adviser could not agree on a simple thing. We do think the OIG is exactly right here. Why have an oversight and investigation arm if some higher up can declare no investigation necessary under an “exceptional circumstances”clause, that’s not even spelled out.

The Inspector General is ranked equivalent to an Assistant Secretary.  According to the regs, he reports directly to the Secretary, the Board, the Commissioner and the head of any other organization for which the OIG is assigned oversight responsibility, or to the extent such authority is delegated, to the officer next-in-rank. But 1 FAM 053.2-2 Under Secretary for Management (M) (CT:ORG-312; 07-17-2013)  put in place before the current OIG assumed office, also has this to say:

The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action.

We’ll have to watch and see how this turns out.  Must add that nowhere in the Foreign Affairs Manual does it say that the Inspector General may not/not investigate matters considered “management issues” under  “exceptional circumstances.”

 

Related item:

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

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State Dept OIG – Published Reports, September 2014

– Domani Spero

 

The following are the OIG inspection reports and audits posted online by State/OIG in September. All are in pdf format.

 

-09/30/14   Inspection of the Bureau of International Narcotics and Law Enforcement Affairs (ISP-I-14-24)  [925 Kb] Posted on October 9, 2014

-09/30/14   Inspection of the Bureau of Diplomatic Security, High Threat Programs Directorate (ISP-I-14-23)  [584 Kb]  Posted on October 8, 2014

-10/31/14   Agreed-Upon Procedures Relating to Employee Benefits Information Submitted to the Office of Personnel Management (AUD-FM-15-01)  [648 Kb]  Posted on October 3, 2014

-09/30/14   Management Alert – Grant Management Deficiencies (MA-14-03)  [1541 Kb]  Posted on September 30, 2014

-09/30/14   Audit of Radio Free Europe/Radio Liberty After-employment Benefits (AUD-FM-IB-14-34)  [2093 Kb]  Posted on September 25, 2014

-09/30/14   Audit of International Boundary and Water Commission, United States and Mexico, U.S. Section, Information Security Program – AUD-IT-14-33  [1040 Kb]  Posted on September 24, 2014

-09/30/14   Management Assistance Report- Termination of Construction Grants to Omran Holding Group (AUD-CG-14-37)  [1338 Kb]  Posted on September 22, 2014

-09/30/14   OIG Inquiry Into Use of Confidentiality Agreements – sample letter  [389 Kb]  Posted on September 19, 2014

-09/30/14   OIG Inquiry Into Use of Confidentiality Agreements  [41 Kb]  Posted September 19, 2014

-09/30/14   Audit of the Department of State’s Management of the Marine Security Guard Program and Plans for Program Expansion (AUD-SI-14-30)  [4897 Kb]  Posted on September 18, 2014

-08/31/14   Compliance Follow-up Audit of Department of State Actions To Address Weaknesses in the Ownership, Award, Administration, and Transfer of Overseas Construction Funded by the President’s Emergency Plan for AIDS Relief (AUD-ACF-14-32)  [1414 Kb]  Posted on September 8, 2014

-08/31/14   Inspection of Embassy Kabul, Afghanistan (ISP-I-14-22A)  [977 Kb]  Posted on August 26, 2014

-08/31/14   Audit of the Administration and Oversight of Contracts and Grants Within the Bureau of African Affairs (AUD-CG-14-31)  [4102 Kb]  Posted on August 18, 2014

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Congressional Service Reports and Briefs — September 2014

– Domani Spero

 

Note that most of the docs below via state.gov are in pdf format:

-09/25/14   The United Arab Emirates (UAE): Issues for U.S. Policy  [440 Kb]
-09/24/14   Japan – U.S. Relations: Issues for Congress  [716 Kb]
-09/24/14   The “Khorasan Group” in Syria – CRS Insights  [55 Kb]
-09/24/14   Unaccompanied Alien Children: Demographics in Brief  [307 Kb]
-09/22/14   Climate Summit 2014: Warm-Up for 2015 – CRS Insights  [60 Kb]
-09/19/14   American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement – CRS Insights  [57 Kb]
-09/18/14   Energy Policy: 113th Congress Issues  [242 Kb]
-09/18/14   Russia’s Compliance with the INF Treaty – CRS Insights  [55 Kb]
-09/17/14   Afghanistan: Politics, Elections, and Government Performance  [670 Kb]
-09/17/14   Armed Conflict in Syria: Overview and U.S. Response  [880 Kb]
-09/16/14   Proposed Train and Equip Authorities for Syria: In Brief  [288 Kb]
-09/16/14   The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation  [589 Kb]
-09/15/14   Instances of Use of United States Armed Forces Abroad, 1798-2014  [484 Kb]
-09/15/14   Iraq: Politics, Governance, and Human Rights  [499 Kb]
-09/15/14   Man Without a Country? Expatriation of U.S. Citizen “Foreign Fighters”  [58 Kb]
-09/12/14   Iraqi and Afghan Special Immigrant Visa Programs  [340 Kb]
-09/10/14   Armed Conflict in Syria: Overview and U.S. Response  [647 Kb]
-09/10/14   Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks [413 Kb]
-09/10/14   The “Islamic State” Crisis and U.S. Policy  [562 Kb]
-09/10/14   U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations  [368 Kb]
-09/09/14   Considerations for Possible Authorization for Use of Military Force Against the Islamic State – CRS Insights  [56 Kb]
-09/09/14   U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions  [355 Kb]
-09/08/14   Armed Conflict in Syria: Overview and U.S. Response  [633 Kb]
-09/08/14   Libya: Transition and U.S. Policy  [737 Kb]
-09/05/14   China’s Leaders Quash Hong Kong’s Hopes for Democratic Election Reforms – CRS Insights  [57 Kb]
-09/05/14   Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program [272 Kb]
-09/05/14   Protection of Trade Secrets: Overview of Current Law and Legislation  [433 Kb]
-09/05/14   U.S. Strategic Nuclear Forces: Background, Developments, and Issues  [512 Kb]
-09/04/14   Ukraine: Current Issues and U.S. Policy  [365 Kb]
-09/03/14   Pakistan Political Unrest: In Brief  [250 Kb]

 

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Filed under Congress, Defense Department, Foreign Affairs, Foreign Policy, Govt Reports/Documents

Short and boring lives of the G222 Planes in Kabul — from $486M to scrap at 6 cents a pound!

– Domani Spero

 

We’re late on this, but last week, SIGAR released two letters to Secretary Hagel and to Air Force Secretary Deborah L. James concerning the  failed G222 aircraft program for the Afghan Air Force.

Starting in 2008, DOD apparently initiated a program to provide 20 of these Italian-made aircraft to the Afghan Air Force.   The Defense Department spent $486 million for these airplanes, which according to the SIGAR, “could not meet operational requirements in Afghanistan.” Sixteen of these aircraft were recently destroyed at Kabul International Airport,  scrapped by the Defense Logistics Agency, and the remains were sold to an Afghan construction company for about $32,000 total.  SIGAR calculates that the scrap was sold at roughly 6 cents a pound. The remaining four airplanes are reportedly stored at Ramstein Air Base in Germany, presumably to help fight the Taliban at some later date?

Here are the $486 million airplanes you paid for:

Photo via SIGAR

Photo via SIGAR

 Here are the scrapped beauties at 6 cents a pound:

Screen Shot 2014-10-15

Photo via SIGAR

Screen Shot 2014-10-15

Here are the links to the letters:
http://www.sigar.mil/pdf/special%20projects/SIGAR-15-04-SP_IL_G222%20Disposition%20Notf%20Req_03Oct2014_Redacted.pdf

http://www.sigar.mil/pdf/special%20projects/SIGAR-15-02-SP_IL_Scrapping%20of%20G222%20Fleet_03Oct2014_amd_Redacted.pdf

According to Defense Industry Daily:

The G.222/C-27A was not known as an easy aircraft to maintain, but it does feature outstanding short runway performance, and offers proven performance in hot weather and high altitudes. That seemed to make it well-suited for work in Afghanistan. Was it well suited to the Afghans?

That would depend on whether the Afghans could keep them in the air. The USAF tried to address the spares and maintenance issue through the program’s structure, paying for extensive training through the US military, an initial spare parts inventory, ground support equipment, technical publications in English and Dari, and 3 years worth of contractor logistics support.

But it didn’t work.

These are not the only aircraft DOD purchased for the Afghan Air Force. Defense Industry Daily has a rundown of the timeline and the contracts here.

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Filed under Afghanistan, Congress, Defense Department, Follow the Money, Foreign Assistance, Govt Reports/Documents, Huh? News, War

Man without a Country? Expatriation of a U.S. Citizen (Via CRS)

– Domani Spero

 

Some Members of Congress have advocated and sponsored bills for expatriation, one way of losing citizenship, as a method of dealing with U.S. citizens fighting abroad for foreign terrorist groups such as the Islamic State in Iraq and Syria (ISIS). In early September S.2779 was introduced in Congress to amend section 349 of the Immigration and NationalityAct to deem specified activities in support of terrorism as renunciation of U.S. nationality.

Below via the CRS:

The current law enumerates seven actions that may result in the expatriation of a U.S. citizen, regardless of whether that person is a citizen by birth or naturalization. These acts demonstrate an allegiance to another nation which may be incompatible with allegiance to the U.S. The most relevant acts for the pending bills include: (1) taking an oath of allegiance to a foreign state or one of its political subdivisions; (2) serving in the armed forces of a hostile foreign state or serving as a commissioned or non-commissioned officer in the armed forces of any foreign state; and (3) serving in any office, post or employment under a foreign state’s government after turning 18 years old, if one is also either a dual national of that state or is required to swear or declare allegiance to that state for the position. For these particular acts, a citizen cannot be expatriated while he is in the U.S. or its possessions. However, acts committed in the U.S. or its possessions can be grounds for expatriation once the citizen leaves the U.S. and resides outside of it and its possessions. Also, a citizen who asserts his claim to U.S. citizenship within six months of becoming 18 years old cannot be expatriated because of serving in the armed forces of a foreign state or making a formal renunciation abroad before a U.S. diplomatic or consular official before the age of 18 years.
[...]

None of the acts listed above result in expatriation unless committed voluntarily and with the intent to relinquish citizenship. These requirements are derived from U.S Supreme Court interpretation of the constitutional requirements for expatriation. In Afroyim v. Rusk, the Court found that the Citizenship Clause of the Fourteenth Amendment prevents Congress from legislating the automatic loss of citizenship acquired by naturalization or birth in the U.S. merely because of specified conduct, without the citizen’s assent. Then, in Vance v. Terrazas, the Court elaborated on its earlier Afroyim decision by holding that the U.S. Government must prove specific intent to renounce citizenship. The current expatriation statute requires that the burden of proof is on the party claiming that expatriation occurred, i.e., the U.S. Government, to establish the claim by a preponderance of the evidence. Any act of expatriation will be presumed to have been done voluntarily, but the presumption may be rebutted by a preponderance of the evidence that the act was not done voluntarily. In Terrazas, the Court upheld these statutory evidentiary standards as constitutional, but in light of Afroyim and the Fourteenth Amendment, it held that no presumption of intent arises from an expatriating act. The Court also indicated that a finding of intent does not require a written, express relinquishment of citizenship, but could be inferred from conduct that was completely inconsistent with and derogatory to allegiance to the U.S. and could be established by a preponderance of the evidence.
[...]
Congress does not have unlimited authority to prescribe acts as potentially expatriating. Certain actions, formerly included in the list of expatriating acts under the current statute or its precursor, were found unconstitutional for various reasons by the U.S. Supreme Court and subsequently repealed. These include desertion from the armed forces in wartime, draft evasion during wartime or a national emergency, and voting in a foreign election. Additionally, the U.S. Supreme Court has held that the Fifth Amendment bars lawfully naturalized citizens from losing citizenship for acts that do not apply to native-born citizens.

Read in full here (pdf).

Also, former FSO Peter Van Buren has a piece related to this at Firedoglake/The Dissenter:  Can the US Seize Would-Be Jihadis’ Passports? that would go well with the CRS material.

 

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Filed under Americans Abroad, Congress, Consular Work, Govt Reports/Documents, Regulations, State Department, War

Snapshot: State Department, Foreign Ops and Programs = 1% of Total Federal Budget

– Domani Spero

 

Via CRS:

Congress annually appropriates funds for the security of diplomatic personnel and facilities within the Department of State, Foreign Operations and Related Programs appropriation, which is about 1% of the total federal budget. Security funding amounts to about 9% of that appropriation.

via CRS

via CRS

Congress has not enacted a stand-alone State Department appropriation prior to the start of the fiscal year since 1995 and has not passed a stand-alone Foreign Relations Authorization law since 2002.6 Both could have been legislative vehicles for debate regarding Administration of Foreign Affairs, including diplomatic/embassy security funding and priorities. Instead, Congress has provided ongoing security funding within Continuing Resolutions (CRs) that have delayed by several months the full-year appropriation eventually provided. Funding within a CR is usually based on the previous year’s funding levels. Furthermore, if spending was not in the previous year’s appropriation (as was the case with Benghazi in 2012), it would not be funded by a CR. Only after the final appropriation is passed by Congress and signed into law by the President would State Department officials know what level of funding they can allocate on a daily/weekly/monthly basis over the 275 worldwide diplomatic posts (or 1600 work facilities)7 and over the remainder of the fiscal year.

Read in full here (pdf).

International affairs is important but apparently not important enough to merit the right interest in Congress in the last two decades when it comes to appropriating funds. There’s enough blame to go around going back to 1995, spanning three administrations, all the way back to the 104th Congress and every congressional session thereafter.

Remember that the next time you see an elected representative shed tears on teevee or blow fire from his ass about somebody or another not doing enough for the diplomats our country send overseas.

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Filed under Americans Abroad, Budget, Congress, Follow the Money, Foreign Affairs, Foreign Service, Govt Reports/Documents, Hall of Shame, Huh? News, Legacy, Lessons, Politics, Realities of the FS, State Department, U.S. Missions