Category Archives: Govt Reports/Documents

State Dept Awards $4.9 Million Contract to Phoenix Air for Air Ambulance Evacuation #Ebola

Domani Spero

 

Yahoo News reported on September 9 that “an undisclosed number of people who’ve been exposed to the Ebola virus — not just the four patients publicly identified with diagnosed cases — have been evacuated to the U.S. by an air ambulance company contracted by the State Department.”  The report identified Phoenix Air Group as the provider of the air ambulance services. The VP of the company said medical privacy laws and his company’s contract with the State Department prevented him from revealing how many exposed patients have been flown from West Africa to the U.S.  He did tell the reported that Phoenix Air has flown 10 Ebola-related missions in the past six weeks. The report also says that the State Department confirmed the four known Ebola patient transports but couldn’t provide details on any exposure evacuations to the United States.  An unnamed State Department official told Yahoo News that “every precaution is taken to move the patient safely and securely, to provide critical care en route, and to maintain strict isolation upon arrival in the United States.”(See Ebola evacuations to US greater than previously known).

Public records indicate that the State Department awarded the air ambulance contract on August 18, 2014.  The sole source contract was awarded to Phoenix Air for a period of six (6) months at an estimated cost of $4,900,000.00 under FAR 6.302-2  for “unusual and compelling urgency.” The services include among others, air ambulance evacuation, a dedicated on-call aircraft and flight crew, an aero-biological containment system, and emergency recall and mission preparedness:

This requirement is in response to Department of State’s diplomatic mission overseas to provide movement of emergency response personnel into and out of hazardous/non-permissive environments and medical evacuation of critically ill/injured patients, including those infected with unique and high contagious pathogens. This is an immediate response to the Ebola Virus Crisis.

The contract justification says that the movement of patients infected with highly contagious pathogens, as with the current Ebola Virus epidemic, requires the use of an air-transportable biocontainment unit. A unit was designed and built by the Center for Disease Control in 2006 in collaboration with the Phoenix Air Group in Cartersville, GA. The Aeromedical Biological Containment Shelter (ABCS) is the only contagious patient airborne transportation system in the world which allows attending medical personnel to enter the containment vessel in-flight to attend to the patient, thus allowing emergency medical intervention such as new IV lines, intubation, etc.

Yes, the Pentagon has a transport tube but –

“The U.S. Department of Defense has a transport “tube” which a patient is placed into, but once sealed inside the patient is isolated from medical care. It is admittedly (by the DOD) more designed for battlefield causalities than live human transport, especially over long distances. It is also only certified for DOD aircraft and not by the FAA for commercial aircraft which makes this capability not feasible in meeting the Department’s urgent need for the capability to transport contagious patients world-wide.”

Why is this a sole-sourced contract?

Below is part of the justification statement extracted from publicly available documents:

As a matter of standard business practice, Phoenix Air Group does not provide chartered transport of highly contagious patients outside of a standing government contract. As the only vendor with this unique capability, Phoenix Air Group has never offered this service on a one-off basis to private of government entities. The capability was developed on a multi-year contract with the CDC (2006-2011). When the CDC could no longer to afford to maintain the stand-by capability, the equipment was warehoused. While it is technically true that the movement of two American citizens in late July, 2014, was a private transaction, those missions were conducted after the Department requested that PAG consider a break in their standard business practice on a humanitarian basis, with the assurance that the USG would make all necessary arrangements for landing clearances, public health integration, decontamination, and provide press guidance. Simply put, the transportation of this type of patient requires too much international and inter-agency coordination, and incurs too much corporate risk, for PAG to provide the service outside the protection of a federal contract to do so.

The U.S. Department of State has always been responsible for the medical evacuation of official Americans overseas, regardless of their USG agency affiliation. Because of the unique severity and scope of the current Ebola outbreak, and the complete lack of host nation infrastructure to support victims of EVD infection, the international community is finding recruitment of professional staff very difficult without being able to articulate a sound medical evacuation plan. To that end, the Governments of Mexico, Japan, the United Kingdom, Canada, and the United Arab Emirates, as well as the World Health Organization and the United Nations, have separately approached PAG to establish exclusive contracts for this limited resource. Had the Department not moved very quickly to establish its own exclusive use contract, our negotiating position would have shifted, placing USG personnel and private citizens at significant risk.

The availability of the PAG resource is thus a foreign policy issue, placing the U.S. Department of State as the logical arbiter of international agreements to assure equitable coverage while protecting U.S. national interests. The Department is moving to establish Title 607 agreements with these and other eligible entities, allowing coordinated sharing of the resource on a cost-reimbursable basis under 22 U SC 2357 authorities.

Private American citizens responding to this crisis would lack the resources to privately contract for this service, even if it were available on the open market. By establishing the contract through the Department, additional options are provided to American Citizen Services, allowing them to structure the funding as a form of repatriation loan. This would be very difficult to do if not for a Department-level contract; by bringing the resource in-house, the money flow remains within the Department, spreading the financial risk across a much larger budgeting pool. Foreign governments are being encouraged to take similar steps with their own private citizens through high level dialogue that is only possible when the Department is in the lead on this issue.

Given recent CDC guidelines for the movement of asymptomatic contacts, an unprecedented level of control and coordination is necessary to move these individuals that, despite not being contagious or even clearly infected, are nonetheless quarantined. The USG is left with only two options in supporting a CDC scientist that has a high risk exposure to an EVD patient — use the PAG capability to fly the person back to the US for observation and optimum care should disease develop, or leave the person in place where no care is available if the disease develops. The question, then, is not how many EVD patients will be moved, but rather how many contacts and EVD patients will be moved across the entire international response population (as many as three per month). Finally, from a pragmatic stand point, given the limited options for movement of even asymptomatic contacts, it has become clear that an international response to this crisis will not proceed if a reliable mechanism for patient movement cannot be established and centrally managed.

The “special missions” G-111 aircraft, what is it?

 The ABCS was certified by the Federal Air Administration (FAA) under a Supplemental Type Certification (STC) for use in an aircraft. The STC further lists only two (2) air- craft by serial number as approved for the installation and operation of the ABCS. Both aircraft are owned and operated by Phoenix Air.

The two aircraft listed by serial number in the STC are “special missions” Gulfstream G-III jets owned and operated by Phoenix Air. There are only three “special missions” G-111 aircraft in the world and Phoenix Air owns and operates all three. These are unique aircraft converted in the Gulfstream Aerospace factory during the original manufacturing assembly line from standard “executive” aircraft to “special missions” aircraft which includes a large cargo door forward of the wing measuring 81.5” wide X 61” high thus allowing the large components of the ABCS to be installed in the aircraft and post-flight decontamination to be performed, each aircraft has a heavy duty cargo floor allowing the ABCS floor attachment system to be installed, and each aircraft is certified at the factory for passenger, cargo or air ambulance operations.

Phoenix Air holds various DOD Civil Aircraft Landing Permits (CALP’s) from all U.S DOD service branches allowing its aircraft to land at all U.S. military bases and facilities worldwide. For security reasons, all medical evacuations of patients with highly contagious pathogens must land at military airfields. Recent experience reinforces the importance of using military airfields, especially OCONUS where the host nation governments have refused to allow the aircraft access to civil airports in the Azores, but have conceded to allow the aircraft to refuel on USMIL airfields in their country.

All Phoenix Air flight and medical personnel have the Commission on Accreditation of Medical Transport Systems (CAMTS) required accreditation and CDC recommended inoculations for air ambulance missions as well as missions into disease~prone areas around the world providing DOS a unique capability that may not be available with other aviation vendors.

 

Unlike the outbreak of the highly pathogenic avian influenza (H5N1) virus and fears of a pandemic in 2007, one thing we haven’t heard this time is  “shelter-in-place.” Back then, Americans abroad were advised to identify local sources of healthcare and prepare to “shelter-in-place” if necessary. “In those areas with potentially limited water and food availability, Americans living abroad are encouraged to maintain supplies of food and water to last at least two and as long as 12 weeks.” We remember thinking then about the embassy swimming pool and wondering how long it would last if city water runs out. Or what happens if a mob comes into the compound in search of food and water.

That does not seem to be the case here. At least, this time, there will be an air ambulance equipped to evacuate  Americans back home should it come to that. Note that the  justification statement does not include details of how much of the cost will be accounted for as part of the repatriation loan program (pdf) for private Americans.

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Filed under Africa, Americans Abroad, Evacuations, Federal Agencies, Foreign Affairs, Foreign Policy, Foreign Service, Govt Reports/Documents, MED, Realities of the FS, State Department, U.S. Missions

Snapshot: Women in Management at State Dept and USAID (General Schedule Workforce Only)

Domani Spero

 

The  EEOC’s FY 2011 Annual Report on the Federal Work Force Part II includes the workforce composition profiles for the General Schedule (GS) workforce at the State Department and USAID. We have been unable to locate the Foreign Service profile and are still looking.  Below is a snapshot of the Women in Management at both agencies.  Most notable here is the 0% first level and senior level management for USAID in FY2011. “This represents a decrease of 186 women in senior management positions  since FY 2010.” What happened to them?

State Department

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Extract from EEOC (click on image for larger view)

USAID

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Extract from EEOC (click on image for larger view)

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State Dept Updates Ukraine Travel Warning: Ongoing Violent Clashes in the Eastern Regions

– Domani Spero

 

On August 29, the State Department issued an updated Travel Warning on the risks of traveling to the eastern regions of Ukraine:

The Department of State warns U.S. citizens of the risks of travel to eastern Ukraine due to ongoing violent clashes between Russia-backed separatists and Ukrainian forces in the eastern regions of Donetsk and Luhansk. In addition, Russian military forces continue to occupy the Crimean Peninsula and are present on the eastern border of Ukraine.This supersedes the Travel Warning for Ukraine dated August 1 to provide updated information on the security situation in southern and eastern Ukraine.

The Department of State warns U.S. citizens to defer all travel to the eastern regions of Donetsk and Luhansk.  Russia-backed separatists continue to control areas in the Donetsk and Luhansk Oblasts.  These groups have established illegal checkpoints and have threatened, detained, or kidnapped individuals, including U.S. citizens, for hours or days.  The Ukrainian armed forces have launched an operation to reclaim these areas.  Violent clashes between the Russia-backed separatists and Ukrainian forces have escalated over the past month and have resulted in hundreds of injuries and deaths.  Some of these clashes have included the use of armored vehicles, aircraft, and other military weapons including surface to air missiles, the use of which was responsible for the downing of Malaysia Airlines Flight 17 on July 17.  Widespread disorder and looting has been confirmed in areas controlled by Russia-backed separatists in Donetsk and Luhansk Oblasts.  These Russian-supported groups have taken on a more strident anti-American tone, especially in eastern Ukraine and Crimea.  U.S. citizens who choose to remain in conflict areas should maintain a low profile and avoid large crowds and gatherings.

The Department of State also warns U.S. citizens to defer all travel to the Crimean Peninsula, and to exercise caution in the regions of Odesa, Kharkhiv, Zaporizhia and Kherson.  Russian forces have occupied the Crimean Peninsula in support of the Russian Federation’s attempted annexation of Crimea and these forces are likely to continue to take further actions in the Crimean Peninsula consistent with Russia’s continuing occupation of this part of Ukraine.  The international community, including the United States and Ukraine, does not recognize this purported annexation.  The Russian Federation maintains an extensive military presence in Crimea and along the border of eastern Ukraine.  In addition, there are continuing reports of abuses against the local population by de facto authorities in Crimea, particularly against those who are seen as challenging the current status quo on the peninsula

The situation in Ukraine is unpredictable and could change quickly.  U.S. citizens throughout Ukraine should avoid large crowds and be prepared to remain indoors and shelter in place for extended periods of time should clashes occur in their vicinity.

Peace Corps Volunteers departed Ukraine on February 25, and remain out of the country at this time.  U.S. Embassy Kyiv’s Consular Section is open for all public services; however, in light of the ongoing unrest, the Embassy has severely restricted the travel of U.S. Government personnel to areas in eastern Ukraine and the Crimean Peninsula, and occasionally limits travel to other adjacent regions.  As a result, the Embassy’s ability to respond to emergencies involving U.S. citizens in eastern Ukraine and Ukraine’s Crimean region is extremely limited.

Ground transportation may be disrupted throughout the country.  Drivers may encounter roadblocks that restrict access on certain roads.  Following the downing of Malaysian Airlines Flight 17 in eastern Ukraine, the Federal Aviation Administration (FAA) issued a Notice to Airmen (NOTAM) to prohibit all U.S. flight operations within Dnipropetrovsk Flight Information Regions.  This expanded the FAA’s previous NOTAM restricting U.S. flight operations within the

 

 

 

 

 

 

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Foreign Service 2013 Promotion Results — Gender, Ethnicity, Race Stats Still Behind the Great Firewall

– Domani Spero

 

The State Department’s trade publication State Magazine publishes annually the promotion results from the Foreign Service Selection Board. Here is an excerpt from the June 2014 issue:

The Bureau of Human Resources compiled the 2013 Foreign Service Selection Board results by class for generalists and specialists, placing the data into tables that show promotion numbers, promotion rates, average time in class and average time in service for each competition group. The bureau also analyzed and compared certain 2013 promotion rates and levels to the 2012 results and the five-year averages. While the Department promoted more generalists and specialists in 2013 than in 2012, the total number of employees eligible for promotion increased at a faster rate. The overall 2013 promotion rate for all eligible Foreign Service employees was 22 percent, slightly lower than the 2012 rate of 23 percent and the five-year average of 24 percent.

In June 2012, State Magazine said it published the promotion statistics by gender, ethnicity and race for the first time. We were hoping it would make the data public this year. Unfortunately, the 2013 promotion results, the statistics that offer detailed breakouts by grade level for each generalist cone and specialist skill group can only still be found behind the Great Firewall at http://intranet.hr.state.sbu/offices/rma/Pages/DiversityStats.aspx.

The State Department has an Office of Civil Rights. Apparently, it is the first cabinet-level agency to appoint a Chief Diversity Officer with oversight authority to integrate and transform diversity principles into practices in the Department’s operations. The office touts diversity as not just a worthy cause:

At the Department of State, diversity is not just a worthy cause: it is a business necessity. Diversity of experience and background helps Department employees in the work of diplomacy. The Secretary believes that diversity is extremely important in making the State Department an employer of choice.

We’re curious — if indeed, diversity is a business necessity for the agency,and we have folks who are proponents of diversity management issues there, why is the promotion composition of the Foreign Service by gender, race and ethnicity  considered “sensitive but unclassified” (SBU) and still behind the Great Firewall?  And if State Magazine won’t make this data available publicly, why isn’t this information available on the website of the  Office of Civil Rights?

State Mag is under State/HR but S/OCR — whoa! —  reports directly to Secretary Kerry’s office.  So, well, let’s go ahead and ask them why it should not be made available to the general public: Office of Civil Rights, S/OCR, Room 7428, Department of State, Washington, DC 20520, Email: socr_direct@state.gov;  Tel: (202) 647-9295 or (202) 647-9294; Fax: (202) 647-4969.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Diversity, Foreign Service, Govt Reports/Documents, John F. Kerry, Leadership and Management, Promotions, Realities of the FS, ScribD, Secretary of State, Staffing the FS, State Department

The State of Foreign Service Family Member Employment 2014 – Which Bureau Tops for Jobs?

– Domani Spero

 

Last year, we posted about the  family member employment in the Foreign Service (see The State of Foreign Service Family Member Employment 2013 — Where Are the Jobs?).  We’ve extracted the following from State/FLO’s April 2014 (pdf) numbers and put them next to last year’s numbers. The female/male numbers for overseas family members remain at 78%/22%.  Family members working inside the mission increased from 24% in 2013 to 25% in 2014.  Those working outside the mission increased from 12% to 13%.  Family members who are not working went from 64% in 2013 to 62% in 2014. A pretty slim change with over 7200 family members still not working either by choice or due to severely limited employment opportunities overseas. We should note that  the FLO data is dated November 2013,which is after the summer transfer season and April 2014, which is before the summer rotation.

Family Member Population Overseas

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fam pop 2013

Employment Status – Overseas Family Members

2014

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2013

FAM 2013

 

Family Member Employment Overseas – Inside the Mission

By Regional Bureau

2014

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2013

fam reg 2013

SCA –  where 63% of family members at post are working

The FLO employment data does not include details of full-time or part-time work or job shares, or the types of jobs inside or outside the mission. But if you want to work, the chance of getting a job is higher in the Bureau of South Central Asian Affairs (SCA) where 50% of family members are employed with the embassy and 13% are employed outside the U.S. mission. At 63%, SCA has the most number of family members working at post, however, the bureau also has the smallest number of family members located at posts. In the AF bureau, 50% of over 1500 family members at post were able to find jobs inside the mission (35%) and outside the mission (15%).

SCA_Bureau_400_1

 

WHA/EUR – where most number of positions located

Posts in the Western Hemisphere and Europe have the most number of approved positions for overseas family members.  These positions more than double the number of positions approved in each of the SCA and NEA bureaus. However, you will also note that only about 1/5 of family members in those respective bureaus (EUR-21%, WHA-22%) are able to  working inside the mission in April 2014. Last year, EUR had 19% while WHA had 23% working inside the mission.  This is not surprising since EUR and WHA have the most number of family members at post. The larger the family member population, the less jobs available to go around.

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Employment Outside the Mission

2014

Where are the jobs?

The FLO’s break down of outside the mission jobs are perhaps too broad to be useful. For instance, 30% of outside the mission jobs are in the field of education but we cannot tell if these are local teaching jobs, online teaching, or something else. There are 199 family members engaged in telework, but we can’t tell in what fields from looking at this graphic.The same goes for working in the local economy, home business and freelancing.  If this is meant to be more than a snapshot of family member employment overseas, to actually help folks plan career-wise when moving overseas, we’d suggest that this annual report be beef up with additional details.

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Churn News — Conflict & Stabilization Bureau’s Top Official to Step Down

– Domani Spero

 

Secretary Kerry was still on his around the world trip when his office released the following August 13 statement on Rick Barton’s resignation as Assistant Secretary for the Bureau of Conflict and Stabilization Operations (CSO).

After five years in the Administration, the last three as Assistant Secretary for the Bureau of Conflict and Stabilization Operations (CSO), Ambassador Rick Barton has announced his resignation, effective September 30.

Assistant Secretary Barton has provided bold leadership in establishing a new bureau to prevent and respond to conflict and crises worldwide, laying the groundwork for civilian-led efforts to break cycles of violence. Under Rick’s stewardship, CSO took on some of the toughest cases from Syria and Somalia to Honduras, Burma, Kenya and Nigeria. CSO delivered practical solutions through sound management that used the taxpayers’ money efficiently.

Rick will leave behind a legacy of impact and innovation, harnessing data-driven analysis and leveraging partnerships with local groups to tackle the root causes of destabilizing violence. His focus, creativity and optimism have made him a most welcome presence on my team as we work with our allies to resolve seemingly intractable conflicts.

I thank Rick for his vision and leadership, and I look forward to continued partnership with the stabilization team he has built at State.

More information on the Bureau of Conflict and Stabilization Operations is available on Twitter and Facebook. For more background on the State Department’s work on civilian security, democracy, and human rights, follow @civsecatstate or visit www.state.gov/j.

 

Wow, who writes this stuff?

Mr. Barton was actually confirmed on March 29, 2012 as Assistant Secretary of State for Conflict and Stabilization Operations. He assumed office on April 3, 2012. Previous to assuming his CSO position, he was with ECOSOC (See Officially In: Frederick Barton to UN ECOSOC).

His official bio says that in 2013, he received a Distinguished Honor Award from the Department “in recognition of your groundbreaking work to create the Bureau of Conflict and Stabilization Operations, promote peacebuilding and empower women, youth and other change agents seeking peaceful change in their communities and societies.”

In March 2014, the Office of Inspector General released its blistering inspection report (pdf) of the Bureau of Conflict and Stabilization Operations. The report gave us a sad and we blogged about it here. (See QDDR II Walks Into a Bar and Asks, What Happened to the Bureau of Conflict and Stabilization Operations?).  The 2014 OIG report famously noted CSO’s top management philosophy of “churn” to prevent people from staying in CSO for more than 3 years.

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U.S. Court Awards Damages to Victims of August 7, 1998 East Africa Embassy Bombings

– Domani Spero

 

Last week, we posted the State Department’s Albright archive of the 1998 East Africa embassy bombings.  Yes, the interesting thing about that is how 16 years later, the names, the response, the briefings and the narrative are ever so familiar.

The twin-embassy bombings cost the lives of over 220 persons and wounded more than 4,000 others. Twelve American USG employees and family members, and 32 Kenyan and 8 Tanzanian USG employees, were among those killed.

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U.S. Embassy Nairobi employees joined Charge d’Affaires Isiah Parnell for a wreath laying ceremony to commemorate the victims of the 1998 Embassy bombing in Nairobi. August 7, 2014

In December 2011, U.S. District Judge John Bates ruled (PDF via Legal Times) that the governments of Sudan and Iran will be liable for monetary damages to victims of suicide bombings at U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania in 1998. According to Judge Bates’ 2011 order (PDF via Legal Times) , a special master was appointed to figure how much in damages the plaintiffs will receive.  The Court previously ruled that the foreign-national U.S.-government-employee victims have a federal cause of action, while their foreign-national family members have a cause of action under D.C. law.

On July 25, 2014, the Court entered final judgment on liability under the Foreign Sovereign Immunities Act (“FSIA”) on several related cases—brought by victims of the bombings and their families—against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out the attacks. The combined cases involve over 600 plaintiffs. The awards range from $1.5 million for severe emotional injuries to $7.5 million for severe injuries and permanent impairment. The total award is reportedly $8 billion.

Judge John Bates in his ruling  (see Wamai, et al.,v. Republic of Sudan, et.al. (pdf) (Civil Action No. 08-1349 (JDB) writes that the 1998 embassy bombings shattered the lives of all plaintiffs.

[T]heir personal stories reveals that, even more than fifteen years later, they each still feel the horrific effects of that awful day. Damages awards cannot fully compensate people whose lives have been torn apart; instead, they offer only a helping hand. But that is the very least that these plaintiffs are owed. Hence, it is what this Court will facilitate.

 

 

Below are some of the embassy employees and their injuries cited in court documents:

  • Many plaintiffs suffered little physical injury—or none at all—but have claims based on severe emotional injuries because they were at the scene during the bombings or because they were involved in the extensive recovery efforts immediately thereafter. Those plaintiffs will be awarded $1.5 million. See id. Typical of this category is Edward Mwae Muthama, who was working at the offsite warehouse for the United States Embassy in Kenya when the bombings occurred. Report of Special Master John Aldock Concerning Edward Muthama [ECF No. 93] at 4. Shortly after the attack, Muthama headed to the blast site and spent days assisting with the gruesome recovery efforts; to this day he suffers from emotional distress resulting from his time administering aid to survivors and handling the dead bodies (and body parts) of his murdered colleagues. Id.
  • Other plaintiffs suffered minor injuries (such as lacerations and contusions caused by shrapnel), accompanied by severe emotional injuries. They will be awarded $2 million. Typical is Emily Minayo, who was on the first floor of the United States Embassy in Nairobi at the time of the bombing. Report of Special Master Brad Pigott Concerning Emily Minayo [ECF No. 162] at 4. She was thrown to the floor by the force of the blast, but she was lucky enough to escape with only lacerations that were later sewn up during a brief hospital stay. Id. She continues, however, to suffer from severe emotional damage resulting from her experience. Id.
  • To those who suffered more serious physical injuries, such as broken bones, head trauma, some hearing or vision impairment, or impotence, the Court will award $2.5 million. Typical is Francis Maina Ndibui, who was in the United States Embassy in Nairobi during the bombing. Report of Special Master Brad Pigott Concerning Francis Maina Ndibui [ECF No. 152] at 4. Ndibui became temporarily trapped under debris that fell from the ceiling, and he suffered minor lacerations similar to Minayo’s. Id. Also as a result of the bombing, he continues to suffer from partial vision impairment, which has persisted even through reparative surgery. Id. He also suffers from severe emotional damage resulting from his experience. Id.
  • Plaintiffs with even more serious injuries—including spinal injuries not resulting in paralysis, more serious shrapnel injuries, head trauma, or serious hearing impairment—will be awarded $3 million. Typical is Victor Mpoto, who was at the United States Embassy in Dar es Salaam on the day of the bombing. Report of Special Master Jackson Williams Concerning Victor Mpoto [ECF No. 136] at 3. The blast knocked him to the ground and covered him in debris, causing minor physical injuries. Id. Because he was only about fifteen meters away from the blast, he suffered severe hearing loss in both ears that continues to this day and for which he continues to receive treatment. Id. He also suffers from severe emotional damage resulting from his experience. Id. at 4.
  • Those who suffered from injuries similar to those plaintiffs who are generally awarded the “baseline” award of $5 million (involving some mix of serious hearing or vision impairment, many broken bones, severe shrapnel wounds or burns, lengthy hospital stays, serious spinal or head trauma, and permanent injuries) will also be awarded that baseline. See Valore, 700 F. Supp. 2d at 84. Typical is Pauline Abdallah, who was injured in the bombing of the United States Embassy in Nairobi. Report of Special Master Stephen Saltzburg Concerning Pauline Abdallah [ECF No. 117] at 3. She was knocked unconscious by the blast, and later spent about a month in the hospital. Id. She suffered severe shrapnel wounds requiring skin grafts, third-degree burns, and two of her fingers were amputated. Id. Shrapnel still erupts from her skin. Id. She also suffered severe hearing loss. Id. Like other plaintiffs who were injured in the bombing, she suffers from severe emotional damage. Id. at 3-4.
  • And for a few plaintiffs, who suffered even more grievous wounds such as lost eyes, extreme burns, severe skull fractures, brain damage, ruptured lungs, or endured months of recovery in hospitals, upward departures to $7.5 million are in order. Livingstone Busera Madahana was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Kenneth Adams Concerning Livingstone Busera Madahana [ECF No. 175] at 4. Shrapnel from the blast completely destroyed his right eye and permanently damaged his left. Id. He suffered a skull fracture and spent months in a coma; his head trauma caused problems with his memory and cognition. Id. “He endured multiple surgeries, skin grafts, physical therapy, vocational rehabilitation, speech and cognitive therapy, and psychotherapy for depression.” Id.
  • Gideon Maritim was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Gideon Maritim [ECF No. 222] at 3. The second explosion knocked him unconscious for several hours. Id. at 4 The blast ruptured his eardrums, knocked out several teeth, and embedded metal fragments into his eyes. Id. He also suffered deep shrapnel wounds to his legs and stomach, and his lungs were ruptured. Id. His hearing is permanently impaired, as is his lung function. Id. at 5. And he suffers from chronic back and shoulder pain. Id.
  • Charles Mwaka Mulwa was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Charles Mwaka Mulwa [ECF No. 132] at 3. The bomb blast permanently disfigured his skull, ruptured both his eardrums, and embedded glass in his eyes. Id. He continues to suffer from nearly total hearing loss, and his eyesight is permanently diminished. Id. And he suffered from other shrapnel injuries to his head, arms, and legs. Id.
  • Tobias Oyanda Otieno was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Tobias Oyanda Otieno [ECF No. 181] at 4. The blast caused permanent blindness in his left eye, and substantial blindness in his right. Id. He suffered severe shrapnel injuries all over his body, including a particularly severe injury to his hand, which resulted in permanent impairment. Id. His lower back was also permanently damaged, causing continuous pain to this day. Id. He spent nearly a year recovering in hospitals. Id.
  • Moses Kinyua was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Deborah Greenspan Concerning Moses Kinyua [ECF No. 202] at 4. The blast knocked him into a coma for three weeks. Id. His skull was crushed, his jaw was fractured in four places, and he lost his left eye. Id. The head trauma resulted in brain damage. Id. In addition, he suffered from a ruptured eardrum, a detached retina in his right eye, a dislocated shoulder, broken fingers, and serious shrapnel injuries. Id. He was ultimately hospitalized for over six months. Id.
  • Joash Okindo was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Joash Okindo [ECF No. 163] at 4. He spent about eight months in hospitals, and was in a coma for the first month because he suffered a skull fracture. Id. at 4-5. He suffered from severe shrapnel injuries to his head, back, legs, and hands, and the blast fractured bones in both of his legs. Id. at 4.
  • Each of these plaintiffs also suffered severe emotional injuries. The injuries suffered by these plaintiffs are comparable to those suffered by plaintiffs who were awarded $7–$8 million in Peterson II. See 515 F. Supp. 2d at 55-57 (e.g., Michael Toma, who suffered “various cuts from shrapnel, internal bleeding in his urinary system, a deflated left lung, and a permanently damaged right ear drum”). Hence, the Court will award each of these plaintiffs $7.5 million for pain and suffering. The Court adopts the recommendations by special masters of awards consistent with the adjusted guidelines described above, and will adjust inconsistent awards accordingly.

An attorney for hundreds of the East African victims cited the “need to have patience and determination” in collecting approximately $8 billion from Iran and Sudan, acknowledging it is unlikely that the  two governments would make voluntarily payments for the award ordered by the U.S. court. The lawyers are reportedly looking at Iranian and Sudanese assets seized in the United States or other countries as a source for the court-ordered payments.

 

Related documents ( all pdfs):

07/25/2014 Civil Action No. 2008-1380 ONSONGO et al v. REPUBLIC OF SUDAN et al
Doc No. 233 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1361 AMDUSO et al v. REPUBLIC OF SUDAN et al
Doc No. 255 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1349 WAMAI et al v. REPUBLIC OF SUDAN et al
Doc No. 246 (memorandum opinion) by Judge John D. Bates

 

 

 

 

 

 

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Snapshot: U.S. Immigrants – Top Sending Countries (Selected Periods 1901-2010)

Via CRS (pdf):

Screen Shot 2014-08-03

Figure 2 illustrates that immigration over the last few decades of the 20th century was not as dominated by three or four countries as it was earlier in the century. Although Europe was home to the countries sending the most immigrants during the early 20th century (e.g., Germany, Italy, Austria-Hungary, and the United Kingdom), Mexico has been a top sending country for most of the 20th century—largely after 1970—and into the 21st century. Other top sending countries from FY2001 through FY2010 were the Dominican Republic, El Salvador, Colombia, and Cuba (Western Hemisphere); and the Philippines, India, China, South Korea, and Vietnam (Asia). These data suggest that the per-country ceilings established in 1965 had some effect. As Figure 2 illustrates, immigrants from only three or four countries made up more than half of all LPRs prior to 1960. By the last two decades of the 20th century, immigrants from seven to eight countries comprised about half of all LPRs, and this pattern has continued into the 21st century.

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State Dept’s Albright Archive – Bombings in Kenya and Tanzania, August 7, 1998

– Domani Spero

 

Sixteen years ago today, the near simultaneous vehicular bombings of the US Embassies in Nairobi, Kenya, and Dar Es Salaam, Tanzania, on August 7, 1998, cost the lives of over 220 persons and wounded more than 4,000 others. Twelve American USG employees and family members, and 32 Kenyan and 8 Tanzanian USG employees, were among those killed. The current U.S. Ambassador to Kenya, Robert F. Godec, Jr. was the Econ Counselor at Embassy Nairobi in 1998.

Below is an excerpt from Ambassador Prudence Bushnell’s oral history interview in 2005, recalling that day (via ADST Foreign Affairs Oral History Project, July 21, 2005 (full interview-pdf):

“The worst three days of the crisis were the first three: Friday, when we were blown up; Saturday when the rescuers finally arrived to create even more chaos; and then Sunday when we held a memorial service for the Americans and dealt with the international news media. Of course they wanted a press conference. I did not want any photographs taken, because I looked pretty banged up but was persuaded otherwise. I smile, because about a week later my OMS came up to me and said, “You know Pru, I really shouldn’t be saying this, but I’ve been seeing pictures of you on television and in the newspaper and I have to say it’s good that you got your hair done a few days before we were bombed. As bad as you looked, your hair was okay.”…

When Secretary Albright did come I had two conditions: that we not have to prepare briefing papers, because we had lost all of our computers, and we had nothing, nothing. And the other, that she not spend the night, because the security involved in that would have been so astronomical. As it turned out, the plane had problems in Dar, where she had first stopped, and she had to cut her trip short.
[...]
Once the Secretary and her entourage came and left, we received what I began to call the disaster tourists. Well meaning people from various parts of Washington who couldn’t do a thing to help us. In November I sent a cable to Washington requesting by name the people we wanted to visit. The response was “Now wait a minute, you’re complaining about the visitors who are coming and now you want others. You’re sending very mixed messages here.” They didn’t seem to understand the difference between those VIPs who could be part of the solution and those having their photographs taken in the remains of the embassy.

 

Photo via US Embassy Tanzania website

Former U.S. Secretary of State Madeleine K. Albright makes private visit to the U.S. Mission in Dar es Salaam on November 29, 2006. She laid a wreath at a memorial honoring the 11 lives lost on August 7, 1998, when the Chancery building was bombed. U.S. Ambassador Michael L. Retzer joined Secretary Albright at the wreath laying ceremony. Photo via US Embassy Tanzania

Also below are docs extracted from the State Department’s Albright Archive on the announcements, public notices, briefings and reports following the twin East Africa bombings.

 

* January 1999: Report of the Accountability Review Boards on the Embassy Bombings in Nairobi and Dar es Salaam on August 7, 1998

  • 01/08/99: Statement by Secretary Albright on the Accountability Review Boards Report
  • 01/08/99: Special Briefing by the Chairman on the Report

PUBLIC NOTICES

  • Admiral William Crowe Sworn in as Chairman of Accountability Review Boards for Embassy Bombings in Nairobi and Dar es Salaam.
  • Worldwide Caution in light of the recent U.S. military strikes against terrorist targets in Afghanistan and Sudan, and possible threats to Americans and American interests overseas.
  • U.S. Strikes on Terrorist-Related Facilities in Sudan and Afganistan
  • Condolences
  • $2 Million Reward: Persons wishing to report information about these bombings, or any other terrorist attack, should contact the authorities or the nearest U.S. embassy or consulate. In the U.S., contact the Federal Bureau of Investigation or call the U.S. Department of State Diplomatic Security Service at 1-800-HEROES-1 (within U.S. only). Information may also be provided by writing: HEROES, P.O. Box 96781, Washington, D.C. 20090-6781, USA

Updates . . .

The Secretary of State:
*08/27/98: Remarks on apprehension of suspects in bombings of U.S. embassies, FBI Headquarters, Washington, D.C.
* 08/18/98: Remarks to U.S. Embassy staff and family members, Dar es Salaam, Tanzania
* 08/18/98: Joint press availability following meeting with Tanzanian Foreign Minister Jakaya Kikwete, Dar es Salaam
* 08/18/98: Remarks at the Site of the Bombing at U.S. Embassy Nairobi, Kenya
* 08/17/98: Remarks Before Departure to Kenya and Tanzania, Andrews Air Force Base, Maryland
* 08/14/98: Remarks with Colonel Rick Erdman after visit with East African Bombing Victims and Families, Walter Reed Hospital
* 08/13/98: Remarks with President Clinton and Defense Secretary Cohen at ceremony honoring those who lost their lives in Kenya and Tanzania, Andrews Air Force Base
* 08/12/98: Remarks at Ramstein Air Force Base, Ramstein, Germany
* 08/12/98: Remarks prior to departure for Ramstein Air Force Base, Germany
* 08/11/98: Response to Statement by the African Ambassadors to the U.S.
* 08/12/98: Secretary Albright travels to Ramstein, Germany
* 08/10/98: Interview on CBS Evening News, Washington, D.C.
* 08/10/98: Remarks with Director General Gnehm to State Department Employees
— $2 Million Reward
* 08/09/98: Interview on NBC-TV’s “Meet The Press” With Tim Russert, Washington, D.C.
* 08/08/98: Statement on the deaths in Nairobi, Kenya
* 08/07/98: Statement on bombings in Nairobi and Tanzania

The President: 
* President Clinton Radio Address (8/15/98)
* President Clinton, Secretary Albright and Secretary Cohen at ceremony honoring those who lost their lives in Kenya and Tanzania, Andrews Air Force Base (8/13/98)
* President Clinton Radio Address (8/8/98)
* Remarks by President William Clinton, The White House (8/7/98)
A Proclamation by the President on the bombing incident (8/7/98)

Special Press Briefings:
* August 13, 1998
* August 11, 1998
* August 10, 1998
* August   7, 1998

What Happened?
* Bombings in Nairobi and Dar es Salaam (8/7/98)

Travel

  • Global Alert and Consular Services: Worldwide cautions, current travel safety information for specific countries, American citizens services abroad, and visa services abroad.

Background Information

 

 

 

 

 

 

 

 

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Congressional Research Service Reports (CRS) and Briefs – Published July 2014

– Domani Spero

 

In FY2012, the Congressional Research Service (CRS) had an appropriation of $106.79 million available for expenditure.  U.S. taxpayers fund the CRS, a “think tank” that provides reports and briefs to members of Congress on a variety of topics. However,there is no easily accessible depository for all these reports and U.S. citizens who want them have to request the reports from their member of congress.

On its annual report for FY2012, CRS indicated that it prepared 534 new reports, and 2,702 report updates.  Some CRS reports are available through the Federation of American Scientists, the University of North Texas, and Open CRS. Also check out CRS on Open Congress; it includes links on the discussion of direct public access of these CRS reports. The reports made publicly available through the State Department are available below. We will routinely republish them here. Note that some documents are web-accessible but most are in pdf formats.

 

Subject CRS Reports – July 2014
Afghanistan -07/28/14   Afghanistan: Politics, Elections, and Government Performance  [674 Kb]

-07/11/14   Afghanistan: Post-Taliban Governance, Security, and U.S. Policy  [1068 Kb]

Africa -07/24/14   African Growth and Opportunity Act (AGOA): Background and Reauthorization  [444 Kb]

-07/23/14   U.S. – Africa Leaders Summit: Frequently Asked Questions and Background  [571 Kb]

Arctic -07/02/14   Changes in the Arctic: Background and Issues for Congress  [1469 Kb]
China -07/29/14   U.S. – China Military Contacts: Issues for Congress  [846 Kb]

-07/15/14   China Naval Modernization: Implications for U.S. Navy Capabilities – Background and Issues for Congress  [4546 Kb]

-07/10/14   China – U.S. Trade Issues  [581 Kb]

- 07/09/14   China’s Economic Rise: History, Trends, Challenges, and Implications for the United States  [644 Kb]

Gaza/Palestinians -07/03/14   U.S. Foreign Aid to the Palestinians  [451 Kb]

-07/18/14   Israel and Hamas: Another Round of Conflict – CRS Insights  [288 Kb]

Israel -07/22/14   Israel: Background and U.S. Relations  [1264 Kb]

-07/18/14   Israel and Hamas: Another Round of Conflict – CRS Insights  [288 Kb]

Iran -07/25/14   Iran: U.S. Concerns and Policy Responses  [827 Kb]
Iraq -07/24/14   Conflict in Syria and Iraq: Implications for Religious Minorities – CRS Insights  [62 Kb]

-07/15/14   The Kurds and Possible Iraqi Kurdish Independence – CRS Insights  [170 Kb]

-07/15/14   Use of Force Considerations in Iraq – CRS Insights  [59 Kb]

-07/03/14   Iraq Crisis and U.S. Policy  [762 Kb] -07/02/14   Iraq: Politics, Governance, and Human Rights  [495 Kb]

Libya -07/28/14   Responding to Libya’s Political and Security Crises: Policy Choices for the United States – CRS Insights  [62 Kb]
Mexico -07/01/14   U.S.-Mexico Economic Relations: Trends, Issues, and Implications  [498 Kb]
Russia 07/29/14   U.S. – Russia Economic Relations – CRS Insights  [125 Kb]

-07/28/14   Russia Sanctions: Options – CRS Insights  [60 Kb]

-07/18/14   U.S. Sanctions on Russia in Response to Events in Ukraine – CRS Insights  [60 Kb]

Syria -07/24/14   Conflict in Syria and Iraq: Implications for Religious Minorities – CRS Insights  [62 Kb]
Ukraine -07/18/14   U.S. Sanctions on Russia in Response to Events in Ukraine – CRS Insights  [60 Kb]

-07/08/14   Ukraine: Current Issues and U.S. Policy  [367 Kb]

Arms Control -07/21/14   Arms Control and Nonproliferation: A Catalog of Treaties and Agreements  [661 Kb]
Economy -07/25/14   Stealing Trade Secrets and Economic Espionage: An Abridged Overview of 18 U.S.C. 1831 and 1832  [231 Kb]

-07/17/14   International Monetary Fund: Background and Issues for Congress  [523 Kb]

-07/01/14   Monetary Policy and the Federal Reserve: Current Policy and Conditions  [339 Kb]

Elections -07/24/14   The 2014 European Parliament Elections: Outcomes and Implications – CRS Insights  [62 Kb]

-07/14/14   Membership of the 113th Congress: A Profile  [286 Kb]

-07/01/14   The Voting Rights Act of 1965: Background and Overview  [398 Kb]

Immigration -07/28/14   Unaccompanied Alien Children: An Overview  [338 Kb]

-07/18/14   Unaccompanied Alien Children – Legal Issues: Answers to Frequently Asked Questions  [407 Kb]

-07/16/14   Unaccompanied Alien Children: A Processing Flow Chart – CRS Insights  [207 Kb]

-07/03/14   Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration  [501 Kb]

Missile Attack -07/28/14   Possible Missile Attack on Malaysia Airlines Flight 17 – CRS Insights  [61 Kb]

-07/28/14   Protecting Civilian Flights from Missiles – CRS Insights  [61 Kb]

Technology -07/23/14   Deploying 5G (Fifth Generation) Wireless Technology: Is the United States on Track?  [58 Kb]

-07/02/14   Access to Broadband Networks: The Net Neutrality Debate  [332 Kb]

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