U.S. Embassy Manila’s Amb. Sung Y. Kim to be the Next U.S. Ambassador to Indonesia

 

On July 10, the WH announced the president’s intent to nominate the current U.S. Ambassador to the Philippines Sung Y. Kim to be the next ambassador to the U.S. Embassy in Jakarta, Indonesia. The WH released the following brief bio:
Sung Y. Kim of California, to be Ambassador Extraordinary and Plenipotentiary to the Republic of Indonesia.
Sung Y. Kim is a career member of the Senior Foreign Service, class of Career Minister, and currently serves as Ambassador to the Philippines.  Ambassador Kim’s extensive history of public service at the Department of State, including as Ambassador to the Republic of Korea, Special Envoy for the Six Party Talks, Director of the Office of Korean Affairs, Special Representative for North Korea Policy, and Deputy Assistant Secretary of State in the Bureau of East Asian and Pacific Affairs.  Earlier in his career, Ambassador Kim served as a Political Officer at the Embassies in Seoul, Republic of Korea, Tokyo, Japan, and Kuala Lumpur, Malaysia.  Ambassador Kim earned his B.A. from the University of Pennsylvania, J.D. from Loyola University Law School, and Masters of Law from the London School of Economics and Political Science.  Ambassador Kim received the Presidential Meritorious Honor Award in 2018, and he speaks Korean and Japanese.
If confirmed, Ambassador Kim would succeed Ambassador Robert Donovan, Jr. who was appointed to Jakarta on October 3, 2016 and has served as COM since  January 12, 2017.

Ambassador Sung Kim, US Embassy Manila (Via Twitter)

 

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Former Senior USAGM Official Haroon K. Ullah Pleads Guilty to Stealing Government Money

 

We’re late on this, but on June 27, 2019, USDOJ announced that Haroon K. Ullah, a former senior official of the U.S. Agency for Global Media (USAGM), the agency formerly known as the Broadcasting Board of Governors (BBG) entered a plea of guilty for stealing over $40,000 in government money in 2018.
Former Senior Official Pleads Guilty to Stealing Government Money
ALEXANDRIA, Va. – An Alexandria man pleaded guilty today to stealing over $40,000 in government money during 2018, while he was employed as a senior government official at the U.S. Agency for Global Media (USAGM) in Washington, D.C.
According to court documents, Haroon K. Ullah, 41, admitted that he fraudulently obtained thousands of dollars in government funds by submitting falsified hotel invoices, falsified and inflated taxi and Uber receipts, and by billing the government for personal travel and for travel that had already been paid by third parties.
Additionally, Ullah admitted that he created a falsified letter from a real medical doctor purportedly claiming that Ullah needed to fly in business class at government expense because of a sore knee. By submitting the forged letter from the doctor, Ullah fraudulently obtained costly business class upgrades at government expense, including on lengthy international flights. Ullah admitted to creating many of the false documents on his government-issued laptop computer. As part of the plea, Ullah also admitted that he submitted falsified invoices and repair estimates to an insurance company regarding a claim for repairs to his home in Alexandria.
A former employee of the U.S. Department of State, Ullah became a member of the Senior Executive Service when he joined USAGM as its Chief Strategy Officer (CSO). Ullah committed his crime from February through October 2018, while serving as CSO. Ullah is no longer employed with USAGM.
Ullah pleaded guilty to theft of government money and faces a maximum penalty of 10 years in prison when sentenced on October 11. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Steve A. Linick, Inspector General for the Department of State, made the announcement after U.S. District Judge T.S. Ellis, III, accepted the plea. Special Assistant U.S. Attorney Russell L. Carlberg is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-183.
*
Mr. Ullah’s website still says that he “serves as Chief Strategy Officer at the Broadcasting Board of Governors, an $800 million global media agency. He is a scholar, diplomat and policy practioner with a special focus on digital strategy, countering violent extremism and transmedia engagement.”
USAGM’s website has removed Mr. Ullah’s bio from its website and  info related to him appears not to display prominently on its website; a search still returns events where he was featured as the agency’s CSO, and the Wayback Machine has archived this CSO for eternity.
A Statement of Facts submitted with Mr. Ullah’s Plea Agreement notes that before joining USAGM, he had been employed with the U.S. Department of State since 2010.  It also notes the following:

5. During the approximate ninth—month period of February 2018-October 2018, ULLAH submitted for reimbursement multiple falsified hotel invoices; falsified taxi receipts; double-billed third party sponsors and USAGM for the same trips; and billed USAGM for personal
trips, either to promote his book, or for week-end trips during which little to no USAGM business was conducted. ULLAH used his government computer, a Microsoft Surface Pro, to create the false documents. He would obtain logos and other graphics on-line and use either an invoice generator or Microsofi Excel in order to create fraudulent hotel invoices. Sometimes ULLAH had stayed with a family member or friend or at a budget hotel, but he created the false invoice for the purpose of financial gain in order to maximize his reimbursement from USAGM. With other hotel invoices, ULLAH took a legitimate hotel invoice and changed his address or other data in order to conceal that the hotel room had been paid by a third party, which fact ULLAH intentionally failed to disclose to E2 and USAGM.

8. As part of a scheme to obtain business class travel to which he was not entitled, ULLAH also submitted to USAGM a falsified and forged letter from a real medical doctor, identified here by the initials N.A., claiming that ULLAH required an upgrade to business class because of a medical condition that required him to “lie flat” on long flights. The doctor confirmed to law enforcement that the letter was a forgery; that he did not authorize ULLAH to use his identity or to sign his name for him; and that a business class upgrade for ULLAH’s sore knee
was not medically necessary.

Part of the  Plea Agreement says:

Further, in accordance with Rule 11(c)(l)(B) of the Federal Rules of Criminal Procedure, the United States and the defendant will recommend to the Court that the following provisions of the Sentencing Guidelines apply: Under Section 2B1 .1(b), the intended loss is greater than $40,000 but less than $95,000, thus six levels are added to the base offense level. Under Section 3Bl.2, the United States and the defendant agree to a two level enhancement for abuse of a position of public trust as an employee of the United States.

The Plea also notes:

“The United States will not further criminally prosecute the defendant in the Eastern District of Virginia for the specific conduct descfibed in the information or statement of facts. This plea agreement and statement of facts does not confer on the defendant any immunity from prosecution by any state government in the United States.”

 

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A Note to Readers

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

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Diplopundit will not be updated for the next two weeks. Your blogger will be on the road with obligations that could not be put off, and also will have very limited to zero online access. Blogging is expected to resume around the third week of July. 

The GFM fundraising is chugging along. 183 campaign supporters in 26 days stopped by to pitch in. Thank you all, we appreciate every help! 

We’re not quite halfway to our funding goal and time clearly is gaining on us.  We’re looking at the rest of our subscribers to remember the blog and help, if their circumstances allow it.  Whether or not we will get to our goal by August 5 remains a cliffhanger.  Maybe we’re seeing the end of the line here, though the universe may still surprise us.  For now, be well, don’t start a war, and we’ll see you in a bit.

White Cat on Grass Field by Pixabay

 

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Under Secretary Bulatao on Enhancing Support for Employees with Children with Special Needs

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According to State/OIG which is conducting a review of the State Department’s Special Needs Education Allowance (SNEA), “By law, for employees serving in foreign areas, the Department must provide a Special Needs Education Allowance (SNEA) for children who meet the requirements of the Individuals With Disabilities Education Improvement Act.”]

Also from state.gov’s FAQ on SNEA:

Is the State Department required to meet the requirements of the Individuals with Disabilities Education Improvement Act (IDEIA) with regard to the education of special needs children overseas? If so, how does it do that?

No. The Individuals with Disabilities Education Act (IDEA) and its 2004 reauthorization, the Individuals with Disabilities Education Improvement Act (IDEIA), are federal funding laws ensuring a free and appropriate education to children with disabilities in the United States. IDEA/IDEIA governs how states and public agencies provide early intervention, special education and related services to eligible children and youth. While existing law does not require DOS to replicate what a public school would provide to a student in the United States, our goal is to approximate what a child would receive in a good US public school system. Per the Overseas Differentials and Allowances Act and the Department of State Standard Regulations (DSSR), the IDEA/IDEIA framework is the basis for the allowable reimbursable services for the Special Needs Education Allowance (SNEA). DOS is committed to assisting employees in meeting the necessary expenses incurred when deployed overseas in providing adequate education for their school-age children. The education allowances are designed to assist parents in defraying those costs necessary to obtain educational services which are ordinarily provided free of charge by public schools in the United States.

In 2018,  a group representing employees with special needs children warned that the State Department Bureau of Medical Services was taking “deleterious actions” to restrict funding access for benefits the department is required to offer under U.S. disability law according to reporting from FP. Some internal battles with MED made it to the public sphere but there were a lot more stories that stayed under wraps out of fear of retaliation, or in at least one case we are aware of, due to an expressed threat from MED. More recently, there was reportedly a no-confidence letter related to a specific MED official, circulated and signed by Foreign Service employees and family members.

Last Friday. the new Under Secretary For Management Brian Bulatao issued new guidance on SNEA.

I am pleased to announce the Department has begun to implement a series of revisions and clarifications to policies and procedures that improve how we support our families who have children with special educational needs. These reforms are the result of a review by a Department-wide working group convened last fall by Deputy Under Secretary Bill Todd.  

Key Points: 

·         A new FAM section for the Special Needs Education Allowance has just been published. It will be updated over the next few months as we implement additional reforms. 

·         Guidance in this FAM chapter includes revisions to where a service can be provided. 

·         Separately, the Summer 2020 bid cycle will include changes to simplify bidding for employees with children with Class Two medical clearances. 

New FAM Section:  Overseas educational support is governed by DSSR 270 and 5 U.S.C. 5924 (4), which are complex interagency regulations. We have just published a new FAM section – 3 FAM 3280 –  to ensure that these regulations, especially those pertaining to the Special Needs Education Allowance (SNEA), are interpreted consistently and to make clear the intent of SNEA. Additional changes are in interagency clearance, and any resulting changes would be added to the appropriate FAM section(s) and announced via ALDAC and Department Notice. 

The new FAM makes clear the Department’s policy intent regarding SNEA: 

By assisting employees with the fulfillment of the educational needs of their children, SNEA encourages employees who have children with special educational needs to bid on and serve in foreign assignments. It is in the Department’s interest to take care of its employees and maximize their ability to serve in foreign assignments.

International schools vary in their ability to match the support structure, special education environment, or services found in U.S. public schools. For this reason, the Department should authorize SNEA as flexibly as possible in order to accommodate the unique and often challenging circumstances of overseas operating environments and foreign-area assignments.

Implementation guidance for the new FAM section and bidding rules will be sent separately. 

I am excited about these changes. We have an obligation to equip and engage our team to meet mission needs. Providing support to our people so they can get the job done is the best way to ensure we deliver on the Department’s goals.  

AFSA has reportedly reviewed and commented on the new FAM guidance. 

The SNEA issue and problems with MED should have been resolved soonest instead of being allowed to linger this long. We are pleased to see that Under Secretary Bulatao addressed this issue soon after he assumed charge as “M.”

John Naland, the President of the Foreign Service Youth Foundation said that These are important reforms towards creating a transparent program that rests on a solid interpretation and consistent application of law and regulations to allow Foreign Service parents of children with special educational needs to take care of their families while simultaneously fulfilling their overseas service obligations as Foreign Service members.”

Now, we’ll have to watch and see what MED is going to do about this.

Below is an excerpt from 3 FAM 3285  which spells out in ints entirety the Department policy

(CT:PER-949;   06-27-2019)
(State)
(Applies to Foreign Service & Civil Service Employees)

a. The purpose of SNEA is to assist employees serving at posts abroad with obtaining for their children with special educational needs special early intervention, kindergarten, elementary, and secondary educational services, including such educational services as are provided in the United States under the Individuals with Disabilities Education Improvement Act, that public schools in the United States ordinarily provide without charge.

b. By assisting employees with the fulfillment of the educational needs of their children, SNEA encourages employees who have children with special educational needs to bid on and serve in foreign assignments.  It is in the Department’s interest to maximize employees’ ability to serve in foreign assignments. 

c.  International schools vary in their ability to match the support structure, special education environment, or services found in U.S. public schools.  For this reason, the Department should authorize SNEA as flexibly as possible in order to accommodate the unique and often challenging circumstances of overseas operating environments and foreign-area assignments.

d.  Ideally, special education services should be provided in a school setting as part of a child’s educational curriculum.  However, recognizing that educating children with disabilities in overseas settings often involves unique challenges, in circumstances when special education services cannot be provided directly in a school setting but are available as services offered outside school or school hours, or via the internet (e.g., online speech therapy), SNEA will cover special educational services required by the child’s IEP or equivalent which are provided outside of school and/or outside normal school hours, when consistent with the DSSR.  SNEA reimbursements may be made directly to employees who have used their personal funds for these services.  Parents may not be reimbursed for special therapeutic services that they personally provide, although, in accordance with DSSR regulations, they may be reimbursed for eligible Home Schooling expenses.

e.  Because most children of Department of State employees would be enrolled in one of the school districts of Washington, DC, Virginia, or Maryland if their employee parent were assigned domestically, school districts in these areas will generally be the point of reference when determining what special educational services are “ordinarily provided without charge by public schools in the United States.” Within this context, services named in a child’s IEP, or equivalent document, may be eligible to be covered by SNEA.

f.  SNEA is an education allowance. It is subject to other applicable legal authorities and policies that govern education allowances in general.

Read the whole thing here.

 

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@StateDept FOIA: Trump’s January 2017 EO: Protecting the Nation From Foreign Terrorist Entry into the United States

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On January 27, 2017, Trump issued an Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen]. See Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Below is a collection of documents from the State Department via Jason Leopold’s FOIA efforts. The documents illustrate the actions and confusion following the issuance of the Executive Order. In a normal administration where the motto is not “chaos everyday”, this EO would have gone through an internal process where overseas posts learn beforehand about the new policy, how it is interpreted for operational purposes, and are provided guidance on how to address the more complicated cases, and exceptions. In this case, the EO was released and overseas posts had no answers to relevant operational questions. The agreed guidance between DHS and State did not go out until January 30, 2017. Meanwhile, US Embassy Baghdad had to deal with the EO fallout from the Iraqi government and shocked Kurdish partners.

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Elizabeth Warren’s Plan For Rebuilding the State Department

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Click on image to see Warren's plan

Click on image to see Warren’s plan

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U.S. Diplomatic Posts Around the World Mark Pride Month #LGBTI – Part II

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We did one round-up of Pride celebrations at Foreign Service posts in early June. We’re catching up with the rest of the FS posts marking Pride month as June comes to a close. (Also see Diplomatic Posts Around the World Celebrate Pride Month #LGBTI).

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Round-Up: U.S. Diplomatic Posts Celebrate the 243rd Independence Day

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Rex Tillerson Talks to Congress About the Not So Shadow Secretary of State, and Stuff

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