Category Archives: State Department

Poor MidLevel Official Writes #Ebola Memo That Never Went Anywhere — Oy!

– Domani Spero

 

In September, we blogged that the State Dept Awarded $4.9 Million Contract to Phoenix Air for Air Ambulance Evacuation #Ebola.  Apparently, the last couple of days there was a flap over a State Department memo on a plan to bring non-Americans with Ebola to U.S. soil for treatment. The memo labeled Sensitive But Unclassified – Predesicional is available to read here and notes USG obligation to non-U.S. citizen employees and contractors of U.S. agencies (USAID, CDC, etc.) and programs as well as NGOs and private firms based in the United States.

The  Washington Times identified the memo’s author as Robert Sorenson, deputy director of the Office of International Health and Biodefense (OES/IHB). The Office of International Health and Biodefense is the primary State Department policy office responsible for a variety of international health issues. It takes part in U.S. Government policymaking on infectious disease, environmental health, noncommunicable disease issues, global health security, antimicrobial resistance, and counterfeit and substandard medications.  A clearance sheet attached to the memo reportedly says it was cleared by offices of the deputy secretary, the deputy secretary for management, the office of Central African affairs and the medical services office.

The memo did make it to the Daily Press Briefing at the State Department. Excerpt below:

QUESTION: And then the last one on this is: There was a report last night and again this morning about this memo that was – the State Department memo –

MS. PSAKI: Sure, let me address that.

QUESTION: — about bringing –

MS. PSAKI: Mm-hmm. One, just factually, the document referenced was drafted by a midlevel official but not cleared by senior leaders. It never came to senior officials for approval. And any assertion that the memo was cleared by decision-makers is inaccurate. There are no plans to medevac non-Americans who become ill with Ebola to the United States. We have discussed allowing other countries to use our medevac capabilities to evacuate their own citizens to their home countries or third countries subject to reimbursement and availability. But we’re not contemplating bringing them back to the United States for treatment.

QUESTION: So the – but essentially, what you’re saying is that one guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere? Is that what you’re saying?

MS. PSAKI: Correct. It’s also weeks old and the memo isn’t current because European – our European partners –

QUESTION: All right. Okay.

MS. PSAKI: — have addressed this matter by providing their own guarantees, but go ahead.

QUESTION: One problem that – I mean, that I see is that a week ago, the Pentagon and the White House was insisting that, no, no, no, there is no overall quarantine order and it’s just this one commander, or these guys who are in Italy. And now all of a sudden, today we have Secretary Hagel saying no, it’s going to be – it’s Pentagon-wide and it’s going to go to all of the troops that are there. What is there to prevent this memo from coming back to life, as it were –

MS. PSAKI: Well, I think with this –

QUESTION: — and becoming policy? Has it been flat out rejected or is it just kind of sitting on a shelf someplace and maybe could be implemented at some point?

MS. PSAKI: It’s sitting on a shelf or on a computer – since we use computers nowadays – by the individual who wrote it, I suppose. I think the important point here is that our European partners, since several weeks ago when that was written, have addressed this by providing a guarantee to international health workers that they would either be flown to Europe or receive high-quality treatment on the spot. So it’s not applicable at this point.

QUESTION: Okay. Well, in general, why was this never approved? I mean, it seems – I mean, you could make the argument that the U.S. has great healthcare facilities, that no one who has contracted the disease in the United States has actually died. So I think there might be some who could make the argument that why not bring people?

MS. PSAKI: Sure, but many countries have decided to make that decision to deal with it themselves, and we’ve certainly been discussing with them how to do that.

QUESTION: So this has been discarded as unnecessary rather that rejected –

MS. PSAKI: It was never discussed at any levels, in any serious level with decision-makers. So I don’t – wouldn’t say it was discarded, but –

QUESTION: Okay.

QUESTION: Along the lines of what Matt was saying, on page 5 of the memo, it says that it was approved by Nancy Powell, the head of the Ebola Coordination Unit. Doesn’t that suggest it was fairly further along in the process?

MS. PSAKI: I’m happy to look at the approval memo. As I understand, and just so you know, sometimes there are people listed. It doesn’t mean they cleared it. It just means there are people who need to clear a memo. So I will check and see if there was anybody who actually cleared it.

“One guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere?” And the official spokesperson, without blinking said, “correct.”

Don’t you just hate it when they say things like that and throw some midlevel official under the medevac plane?

In fact, the justification for the air ambulance evacuation contract awarded to Phoenix Air on August 18, 2014 appears clear enough as to why this was necessary:

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.

That leaked memo is not saying we’re moving Liberia’s entire infected population for treatment in U.S. hospitals, is it?  An argument can be made that the USG has an obligation to assist in the treatment of those infected in the course of their work fighting the ebola outbreak on behalf of the international community.  The State Department is not/not making that argument, of course.  The only official argument it is making is that — that memo, that never went anywhere beyond the midlevel officer’s desk.

Nothing to do with an election coming up? Sure, okay.

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US Embassy Ouagadougou: Burkina Faso Now on Martial Law; Embassy Staff Shelters in Place

– Domani Spero

 

The US Embassy in Burkina Faso has made several security messages this past week, warning U.S. citizens of a planned day of protest that started out as a “civil disobedience campaign” on Tuesday, October 28 and followed by a demonstration and an  expected sit-down strike the last two days:

On Wednesday, October 29 it is expected that a demonstration (which was originally planned before the referendum announcement) organized by the Coalition Contre la Vie Chère(Coalition Against a High Cost of Living) will be used by the political opposition as an opportunity to hold a march and gathering in downtown Ouagadougou.

On Thursday, October 30 the National Assembly will reportedly vote on the proposed constitutional change.  The opposition has called for a sit-down strike surrounding the National Assembly building to block voting members from casting their vote.

Earlier today, Embassy Ouagadougou sent out an emergency message that at 9:30 am the U.S. Embassy received reports of demonstrators breaking through police barricades at the National Assembly and that warning shots and teargas have been fired.  Embassy staff was instructed to shelter in place until further notice.

via Google

via Google

Later on October 30, the embassy released the following statement on the enactment of martial law in Burkina Faso:

On Thursday, October 30, President Compaore declared that he is dissolving the government, declaring a state of emergency and enacting martial law.  Embassy staff has been instructed to continue to shelter in place until further notice.  We urge U.S. citizens in Ouagadougou to do the same.

There have been widespread reports of looting throughout Ouagadougou and other parts of the country.

The Ouagadougou International Airport is closed and all flights in and out have been canceled until further notice.

U.S. citizens are urged to remain vigilant and to utilize appropriate personal security practices.  The U.S. Embassy urges U.S. citizens to avoid large gatherings, protests, or demonstrations.  The U.S. Embassy urges all U.S. citizens to maintain situational awareness and exercise good judgment.  Be alert and remain aware of your surroundings.  Stay informed and abreast of local media reports.

The United States established diplomatic relations with Burkina Faso (then called Upper Volta) in 1960, following its independence from France.  Blaise Compaoré has been President of Burkina Faso since 1987. CBS describes President Compaoré as a graduate of Muammar Qaddafi’s World Revolutionary Center (a.k.a. Harvard for tyrants).  His country has an unemployment rate of 77 percent (ranked 197th in the world.) See Some of the World’s ‘Forever’ Rulers Are in Town — Meet Their Fashionable Ladies (Photos).

According to the State Department’s Fact Sheet, U.S. interests in the country are as follows:

U.S. interests in Burkina Faso are to promote continued democratization and greater respect for human rights and to encourage sustainable economic development. Countering terrorism and strengthening border security are of growing importance in Burkina Faso. The United States and Burkina Faso engage in a number of military training and exchange programs, including in counterterrorism and humanitarian assistance. The country is contributing to the support of U.S. efforts in the Sahel. Burkina Faso is a partner in the Africa Contingency Operations Training and Assistance program for peacekeeping and is a member of the Trans-Sahara Counterterrorism Partnership.

This is a fast moving event that the Consular Bureau’s Travel Alert or Travel Warning is possibly running wildly down the corridors to get cleared so it can get posted online.  We’ll try to keep tabs on that.  The airport is also closed so any evacuation will have that to tackle.   The U.S. Ambassador to Burkina Faso is Tulinabo Mushingi, a career diplomat with extensive Africa experience.

Some clips via Twitter:

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Congress Seeks Information on Obamacare Coverage of Foreign Diplomats

– Domani Spero

 

On October 29, 2014,  the House Foreign Affairs Committee Chairman Ed Royce (R-CA) and Ways and Means Committee Chairman Dave Camp (R-MI) wrote to IRS Commissioner John Koskinen seeking information after learning that foreign diplomats working in the United States are eligible for subsidized health coverage under the Affordable Care Act (ACA). Excerpt from their letter:

The Committees on Foreign Affairs and Ways and Means are investigating the extent to which these diplomats receive taxpayer-subsidized premium tax credits and cost-sharing subsidies under the Affordable Care Act.  We are seeking to determine how many such individuals participate in these programs and the total cost of such benefits.  As the agency principally responsible for administering health coverage tax credits, we request that you provide this information as soon as possible.

According to the Department of Health and Human Services, foreign diplomats holding “A” or “G” visas are eligible to participate in an array of medical programs administered by the federal government, including participation in Health Insurance Marketplaces governed by the Affordable Care Act (ACA). The Secretary of Health and Human Services has informed the Committee on Foreign Affairs that, if they meet basic ACA requirements, “a foreign diplomat could satisfy the statutory criteria to be eligible for a premium tax credit and cost-sharing reductions.”  The State Department has gone so far as to advertise to Foreign Missions, Permanent Missions to the United Nations, and the United Nations Secretariat that health care exchanges and “the benefits of the United States Affordable Care Act are available” to them.

The Foreign Affairs Committee has sought to determine the number of diplomats receiving coverage and subsides under the ACA.  Unfortunately, the State Department has informed the Foreign Affairs Committee that it “is not involved in the process through which foreign diplomats obtain government-funded benefits” and cannot provide that data.  The Department of Health and Human Services is likewise unable to provide this information.  Specifically, it noted that “[t]he Department does not collect data that identify whether individuals receiving services through our medical programs have diplomatic status.”  Similarly, “the Department does not collect data that identifies whether individuals receiving tax credits and/or cost sharing reductions have diplomatic status.”  Copies of these letters are attached for your reference.

We fully support the ability of foreign diplomats to purchase health care coverage in the United States.  We do not, however, believe that American taxpayers should subsidize these services.  To assist with our oversight of this matter, we ask that you please provide the following information as soon as possible, but not later than 5:00 p.m. on November 12, 2014.

  1. The total number, including from which country, of all non-immigrant, non-citizen “A” and “G” visa holders who are eligible for, and who have received, premium tax credits for qualified health plans under the Affordable Care Act;
  1. The total number, including from which country, of all non-immigrant, non-citizen “A” and “G” visa holders who are eligible for, and who have received, cost-sharing reductions for qualified health plans under the Affordable Care Act; and
  1. The total cost, and cost per individual, of all subsidies provided to the individuals above.

The signed letter and referenced attachments are available here.

Did you know about this? Do you know the rationale for this?  International relations is based on reciprocity, are our American diplomats eligible for healthcare subsidies in countries that avail of Obamacare subsidies here? Since the State Department is “is not involved in the process through which foreign diplomats obtain government-funded benefits,” in the United States, how is it supposed to press countries for reciprocal treatment on behalf of our diplomats?

According to a notice circulated (pdf) by the State Department in February 2014, individuals who are lawfully present in the United States, including U.S. citizens, permanent residents (green card holders), and “A” and “G” visa holders (principal or dependent), may purchase coverage through the health insurance marketplace/exchange. Additionally, the notice states that “Those Permanent Missions whose employees do not receive health and medical insurance benefits through the sending state, or Permanent Missions who have not entered into a health and medical insurance plan with a private insurance provider, may find the benefits provided by the ACA a cost effective way to insure their employees against high physician, hospital, and prescription drug costs.”

Note that A-1 – 2 visas are for foreign government diplomats and officials and their immediate family members while G-1 – 4 visas are for international organization officials and employees and their immediate family members.

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-02/20/14   OAS Note No. 07-B: OAS Affordable Care Act Guidance  [98 Kb]
-02/18/14   Notice: Town Hall Meeting – Health Insurance and the Affordable Care Act [280 Kb]
-11/26/13   USUN Diplomatic Note HC-115-(S)-13: UN Secretariat Affordable Care Act Guidance  [43 Kb]
-11/26/13   USUN Diplomatic Note HC-115-13: USUN Affordable Care Act Guidance  [42 Kb]
-11/21/13   Diplomatic Note 13-1117: Affordable Care Act Guidance  [33 Kb]

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Dear White House, About That John Kerry as Sandra Bullock in Space — Just. Stop. It.

– Domani Spero

 

Following the “chickenshit”flap, Mark Lander’s WH piece on October 29 via the NYT also includes the following:

Mr. Kerry is vocal and forceful in internal debates, officials said, but he frequently gets out of sync with the White House in his public statements. White House officials joke that he is like the astronaut played by Sandra Bullock in the movie “Gravity,” somersaulting through space, untethered to the White House.

Aides to Mr. Kerry reject that portrait, saying he dials into White House meetings from the road and is heavily involved in the policy process.

So then the Business Insider made this:

 

We can’t help but wonder what’s going on over at the White House.

 

Yup, you’re careening wildly all over the place, and undermining very publicly this administration’s Secretary of State, and you think there will be no consequences because it’s just a joke?  Didn’t you stop to consider that foreign ministries around the world may start questioning just how “untethered” the Secretary  is to the White House and that it could impact how they deal with him or his agency?

For Baracksakes, adult supervisors need to please step on the brakes here!

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Oops, what did the WH say?

 

Right.

 

Today, Secreatry Kerry was at the Sixth Annual Washington Ideas Forum.

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Secondments to international organizations and promotions? Here comes the boo!

– Domani Spero

 

Eligible U.S. government employees may be detailed or transferred to certain international organizations in which the United States participates.  Authority and procedures for such details and transfers are found in:  5 U.S.C. §§ 3343, 358l-3584 and 5 C.F.R. and §§ 352.301 through 352.314. via

 

This past summer, we learned that for the past several years, the Department and AFSA have agreed to a “procedural precept” for the Foreign Service Selection Boards that explicitly excludes from promotion consideration Foreign Service Officers who have been transferred to some international organizations. We could not find hard numbers on how many officers have been impacted or which IO assignments are excluded.

We did hear that this particular issue (separation to work in an international organization, with re-employment rights) apparently affects “a very small number of people,” and that in the past, officers, typically not willing to rock the boat, have made themselves content with simply accepting a time-in-class (TIC) extension (pdf).

Screen Shot 2014-10-28

That’s weird, right? This appears to disincentivize U.S. citizen employment in international organizations, something that is apparently a congressional mandate; so much so that an office in the Bureau of International Organization Affairs (State/IO) is actually tasks with promoting such employment. Well, actually the policy for agencies to take affirmative steps in having U.S. citizens work in international organization dates back to President Lyndon B. Johnson’s tenure. Seriously.

We understand that the justification for the exclusion in the Precepts was articulated over five years ago and is contained in a June 23, 2008 AFSA letter:

“The rule prohibiting Selection Board competition of members on  certain secondments became effective in June 2004 on issuance of the  Procedural Precepts for the 2004 Foreign Service Selection Boards   and has been in effect for the past five years [sic]. It was  introduced to prevent employees from using secondments to extend   their time-in-class and the length of their tours of duty in  Missions such as Vienna, Brussels and Geneva while continuing to  compete for promotion, performance pay, etc.”

An FSO who is familiar with the process and the exclusion told us that this explanation is “nonsense.”  Apparently, this exclusion also applies  to personnel transferred to UN agencies in Afghanistan, Darfur,  Southern Sudan, Kenya, East Timor, etc. We were also told that the Precept (see (I(B)(6)(j) of the Procedural Precepts), is a “Bush-era ham-fisted attempt” to   punish any service outside of Iraq and Afghanistan, with “scant  attention paid to broader policy implications or legal norms.”

So in essence, we really want more Americans to serve in international organizations, but if FS employees do serve in those capacities, it is likely that some of them will not be considered for promotion. And since international org assignments can run longer than foreign service tours, that basically puts a career in deep ice; surely a concerning detail in an up or out system like the Foreign Service.  And you wonder why there’s not a single stampede for these jobs.

What do the Federal regulations say?

Title 5 (see CFR § 352.314 Consideration for promotion and pay increases) has this:

(a) The employing agency must consider an employee who is detailed or transferred to an international organization for all promotions for  which the employee would be considered if not absent. A promotion based on this consideration is effective on the date it would have been effective if the employee were not absent. (pdf)

We were told that the State Department’s Legal Adviser’s (State/L) position is that…   “The Precepts are authorized under Title 22, and the Secretary has the authority to prescribe what they say”.

And what exactly does Title 22 says?

22 USC § 3982 (2011) §3982. Assignments to Foreign Service positions
(a) Positions assignable; basis for assignment
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under section 3981 of this title in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.

So basically since “L” had apparently ruled that FS Assignments are made under Title 22 (which does not address promotions), and Title 5 (the part of the regs that actually addresses promotion), does not apply — there is no desire to reconcile the conflict between the promotion eligibility of detailed/transferred employees to an international organization contained in Title 5 with the exclusion contained in the Precepts?

Wow! We’re having an ouchy, ouchy headache.

If this interpretation stands, does it mean that the Secretary of State is free to disregard any legal norm, standard or entitlement that is not spelled out specifically in Title 22?

And we’re curious — where does HR/CDA/SL/CDT obtain its legal authority to pick and choose among transferred members on who should and should not be considered for promotion? It appears that 5 CFR 352.314 spells out a clear entitlement to promotion consideration for ALL transferred officers but for the “L” interpretation.

We understand that there is now a Foreign Service Grievance case based exactly on this exclusion in the Precept. If not resolved by FSGB, this could potentially move to federal court as it involves not only adjustment in rank, and withheld benefits but also TSP coverage which has retirement implications. Will State Department lawyers go to court citing “FS Assignments outside DOS” booklet, issued by HR/CDA/CDT over the federal regulations under Title 5?

Perhaps, the main story here is not even about a specific precept, but the fact that Department management is disregarding Federal law and from what we’ve seen — AFSA, the professional representative and bargaining unit of the Foreign Service has been  aware of this for years but has no interest in pressing the issue.

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Photo of the Day: Ambassador Power Visits Monrovia Medical Unit, Liberia

via state.gov

U.S. Ambassador to the United Nations Samantha Power, second from right, receives a briefing from Rear Admiral Scott Giberson, far right, who is the Acting Deputy Surgeon General and Director of the Commissioned Corps of the U.S. Public Health Service, about the Monrovia Medical Unit (MMU), a 25-bed field hospital that will be used to treat Ebola-infected health care workers, on October 28, 2014. The MMU is expected to open soon, and will be staffed by members of the U.S. Public Health Service Commissioned Corps. Also pictured, from left to right, are: Liberia’s Foreign Minister Augustine Ngafuan, USAID/OFDA Director Jeremy Konyndyk, U.S. Ambassador to Liberia Deborah Malac, and Disaster Assistance Response Team (DART) Leader Bill Berger. USUN Ambassador Power is in Liberia to see firsthand the impact of the Ebola epidemic and to press for a more robust response from the international community. [State Department photo/ Public Domain]

U.S. Ambassador to the United Nations Samantha Power, second from right, receives a briefing from Rear Admiral Scott Giberson, far right, who is the Acting Deputy Surgeon General and Director of the Commissioned Corps of the U.S. Public Health Service, about the Monrovia Medical Unit (MMU), a 25-bed field hospital that will be used to treat Ebola-infected health care workers, on October 28, 2014. The MMU is expected to open soon, and will be staffed by members of the U.S. Public Health Service Commissioned Corps. Also pictured, from left to right, are: Liberia’s Foreign Minister Augustine Ngafuan, USAID/OFDA Director Jeremy Konyndyk, U.S. Ambassador to Liberia Deborah Malac, and Disaster Assistance Response Team (DART) Leader Bill Berger. USUN Ambassador Power is in Liberia to see firsthand the impact of the Ebola epidemic and to press for a more robust response from the international community. [State Department photo/ Public Domain]

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Amb to Canada Bruce Heyman Retweets Embassy on Locked Down Tweet, Confusion Follows

– Domani Spero

 

On October 22, 2014, a gunman now identified by police as Michael Zehaf-Bibeau (32) fatally shot Corporal Nathan Cirillo, a soldier on guard duty at the Canadian National War Memorial in Ottawa, Canada. Following the shootings, downtown Ottawa was placed on lockdown while police searched for any potential additional shooters. According to media reports, the lockdown lasted into the evening and ended at 8:25 p.m. ET, when the safety perimeter in downtown Ottawa was lifted.

Earlier that day, we saw this news clip from ABC7 I-Team Investigation. The US Mission Canada has about a thousand employees, but okay, Ambassador Heyman is the best known Chicago man at the mission:

Screen Shot 2014-10-25

Ambassador Heyman retweeted  Embassy Ottawa’s tweet that post is in lockdown. Apparently, 421 tweeple, (including this blog) also retweeted that embassy tweet.

Screen Shot 2014-10-25 at 4.35.51 PM

On October 23, ABC7 made a follow-up report:

As it turns out, Ambassador Heyman, a former Chicago investment banker, was not locked down in the Embassy or even in Ottawa, the I-Team has learned. It is unclear where he was.
[snip]
We were told by Embassy press assistant Jennifer Young that “the Ambassador is not available for interviews at this time. As far as the situation here in Ottawa, what I can tell you about this evolving situation is that the embassy is currently locked down.”

We were not informed by Ms. Young that the ambassador was actually not present and his retweet that “we are currently on lockdown” suggested he was indeed hunkered down with his staff. A woman who answered Ambassador Heyman’s cell phone did not say that he was out of the office and took a message which was not returned. Heyman did not respond to emails or social media messages.
[snip]
On Thursday, after we reported that the ambassador was locked down with the rest of his staff, his public affairs chief Diane Sovereign contacted the I-Team, stating that “the Ambassador was not in the Embassy yesterday and has not returned to Ottawa.” Ms. Soveriegn said that they “don’t post the Ambassador’s location on the Embassy website.”
[snip]
We repeatedly asked Embassy officials for the whereabouts of the ambassador during the incident and whether he was in Chicago. The spokesperson would not say where he was, nor why he wasn’t in the Embassy at the time of the attack that occurred about a quarter-mile away. His staff members at the Embassy were on security lockdown for more than eight hours on Wednesday.

 

Typically, our ambassadors are engage in external relations while his/her deputy chief of mission manages the internal business of the embassy. So it would not at all be surprising if the ambassador was not inside the embassy that day.

On October 21, @BruceAHeyman tweeted this:

We understand that #TechDayontheHill was held in Ottawa, so we know that the day before the incident, he was in Ottawa.

On October 22, he retweeted several official USG messages from the White House, the National Security Council, and the State Department related to the Ottawa attack.  According to Ottawa Citizen, upwards of 50 ambassadors were in Regina on Wednesday, (the day of the attack) for an economic forum, organized for the diplomatic corps by the Department of Foreign Affairs, Trade and Development and the government of Saskatchewan. So maybe he was in Saskatchewan that day?

Then, it looks like he was in Ontario on October 23:

 

So if Ambassador Heyman “has not returned to Ottawa,”when the lockdown occurred, he  could have been in Saskatchewan or traveling to  Ontario for that speech?

We don’t think anyone expects the embassy to post on its website the ambassador’s location but his whereabouts during the Ottawa attack is certainly of public interest. He is President Obama’s personal representative in Canada. We expect that as chief of mission, he would have been in constant contact with the embassy.  If he was not in lockdown with his staff, where was he?

We know that some sections at some posts have instructions not to talk to this blog. We don’t know how widespread is that instruction so we wrote to Embassy Ottawa’s public affairs folks anyway and see if we can get some clarification on the ambassador’s whereabouts.

On October 27, we heard back from Diane Sovereign, Embassy Ottawa’s Cultural Attaché who told us that on October 22, Ambassador Heyman was on “a pre-scheduled trip for meetings in the Toronto area and was not in the Embassy at all on that day.” The ABC affiliate reporting about the embassy’s Chicago connection incorrectly assume that Ambassador Heyman was inside the embassy during the lockdown. Ms. Sovereign said that “At no point on October 22 did any media outlet ask us about the Ambassador’s location or ask us to confirm that he was inside the Embassy.” Following the original report talking about Ambassador Heyman “caught in the mayhem” and locked down inside the Embassy, Embassy Ottawa reportedly reached out to the ABC affiliate asking that the inaccuracies be corrected.

The response we received from Embassy Ottawa did point out that the embassy, for understandable reasons, does not make public the ambassador’s schedule or location but — there actually was a second part to that response — if asked:

“For security reasons, we normally do not make public the Ambassador’s travel schedule or specific location.  However, if asked, we have no issue confirming whether the Ambassador is or is not inside the Embassy,” Ms. Sovereign said.

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CRS: Ebola Outbreak – Quarantine v. Isolation, Travel Restrictions, Select Legal Issues

– Domani Spero

 

On October 25, WaPo reported that the governors of New York Andrew Cuomo and New Jersey Gov. Chris Christie ordered on Friday the imposition of a mandatory 21-day quarantine for medical workers returning from the countries hit hardest by the ebola epidemic. Illinois later in the day imposed similar restrictions. Today, NYT reported that the Obama administration has expressed deep concerns to the governors and is consulting with them to modify their orders to quarantine medical volunteers returning from West Africa.

Ebola CRS report via Secrecy News (pdf):

On August 8th, the World Health Organization declared the outbreak of the Ebola Virus Disease in West Africa a Public Health Emergency of International Concern. The recent arrival in the United States of several health care workers who contracted the disease, combined with the first diagnosis of a case in the U.S. at a hospital in Dallas, has sparked discussion about the appropriate government response. Aside from the various policy considerations at issue, the outbreak has generated several legal questions about the federal government’s authority to restrict specific passengers’ travel and/or contain the outbreak of an infectious disease. These questions include, inter alia, whether the federal government may: (1) restrict which countries U.S. nationals may travel to in the event of a public health crisis; (2) bar the entry into the United States of people who may have been infected by a disease; and (3) impose isolation or quarantine measures in order to control infectious diseases.

Passport restrictions on which countries U.S. citizens may visit can be imposed by the Secretary of State. Pursuant to the Passport Act, the Secretary of State may “grant and issue passports” according to rules designated by the President, and may impose restrictions on the use of passports to travel to countries “where there is imminent danger to the public health or the physical safety of United States travellers” (sic). The Supreme Court has recognized that the authority to “grant and issue” passports includes the power to impose “area restrictions” – limits on travel to specific countries (restrictions must comply with the Due Process Clause of the Constitution). Although passport restrictions are not criminally enforceable, they may prevent travelers from boarding a flight to a restricted area.

Restrictions may also be imposed on who may enter the United States, though the range of applicable restrictions may differ depending upon whether a person seeking entry into the country is a U.S. national. The government enjoys authority under federal immigration law to bar the entry of a foreign national on specific health-related grounds, including when a particular foreign national is determined to have a “communicable disease of public health significance.” More broadly, section 212(f) of the Immigration and Nationality Act authorizes the President, pursuant to proclamation, to direct the denial of entry to any alien or class of aliens whose entry into the country “would be detrimental to the interests of the United States.”

These restrictions do not apply to U.S. citizens, who may enjoy a constitutional right to reenter the country. Nonetheless, certain travel restrictions may impede the ability of any person – regardless of citizenship – from traveling to the United States in a manner that potentially exposes others to a communicable disease. For example, airlines flying to the U.S. are permitted under Department of Transportation regulations to refuse transportation to passengers with infectious diseases who have been determined to pose a “direct threat” to the health and safety of others. In making this determination, airlines may rely on directives from the CDC and other government agencies. Pilots of flights to the United States are also required to report certain illnesses they encounter during flight before arrival into the U.S.

In addition, the Department of Homeland Security and Centers for Disease Control and Prevention (CDC) maintain a public health “Do Not Board” (DNB) list, which contains the names of people who are likely to be contagious with a communicable disease, may not adhere to public health recommendations, and are likely to board an aircraft. Airlines are not permitted to issue a boarding pass to people on the DNB list for flights departing from or arriving into the United States. People placed on the DNB list are also “assigned a public health lookout record,” which will alert Customs and Border Protection officers in the event the person attempts to enter the country through a port of entry. The CDC’s Division of Global Migration and Quarantine (DGMQ) can conduct exit screening at foreign airports to identify travelers with communicable diseases and alert the relevant local authorities.

Finally, both federal and state governments have authority to impose isolation and quarantine measures to help prevent the spread of infectious diseases. While the terms are often used interchangeably, quarantine and isolation are actually two distinct concepts. Quarantine typically refers to separating or restricting the movement of individuals who have been exposed to a contagious disease but are not yet sick. Isolation refers to separating infected individuals from those who are not sick. Historically, the primary authority for quarantine and isolation exists at the state level as an exercise of the state’s police power in accordance with its particular laws and policies.

However, the CDC is also authorized to take measures “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.” In order to do so, the implementing regulations “authorize the detention, isolation, quarantine, or conditional release of individuals.” This authority is limited to diseases identified by an Executive Order of the President, a list which currently includes Ebola. Whether an isolation or quarantine order originates with the federal or state government, such orders will presumably be subject to habeas corpus challenges, and must also comport with the Due Process Clause of the Constitution.

View the original CRS Legal Sidebar here (pdf) includes active links.

And that legal challenge may soon be upon us. On October 26, Kaci Hickox, a nurse placed under mandatory quarantine in New Jersey, went on CNN on Sunday and criticized the “knee-jerk reaction by politicians” to Ebola.  According to CNN, Hickox, an epidemiologist who was working to help treat Ebola patients in Sierra Leone, has tested negative twice for Ebola and does not have symptoms.  Norman Siegel, Hickox’s attorney, and a former director of the New York Civil Liberties Union told CNN that he will be filing papers in court for Hickox to have a hearing no later than five days from the start of her confinement. Siegel told CNN that Hickox’s quarantine is based on fear.

Here is the link to the Executive Order 13295 of April 4, 2003 cited above by the CRS brief via:

[T]he following communicable diseases are hereby specified pursuant to section 361(b) of the Public Health Service Act:

(a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named).

July 31, 2014 Update

“(b) Severe acute respiratory syndromes, which are diseases that are associated with fever and signs and symptoms of pneumonia or other respiratory illness, are capable of being transmitted from person to person, and that either are causing, or have the potential to cause, a pandemic, or, upon infection, are highly likely to cause mortality or serious morbidity if not properly controlled. This subsection does not apply to influenza.”

A side note, the U.S. Ambassador to the United Nations, Samantha Power is currently traveling to the countries in West Africa hardest hit with the ebola outbreak:

 

 

Now, since Ambassador Power is not a medical worker, she probably will not be subjected to the NJ/NY mandatory quarantine when she gets back. However, on October 22, the Centers for Disease Control and Prevention (CDC) announced that public health authorities will begin active post-arrival monitoring of travelers whose travel originates in Liberia, Sierra Leone, or Guinea.  Active post-arrival monitoring, according to the CDC  means that travelers without febrile illness or symptoms consistent with Ebola will be followed up daily by state and local health departments for 21 days from the date of their departure from West Africa. Except that Ambassador Power’s return trip will not be originating from West Africa but from Belgium, the last stop on this West Africa-Europe trip before returning to the U.S.

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U.S. Consulate Herat Officially Relocates From 5-Star Hotel to ISAF’s Camp Arena

– Domani Spero

 

In December 2009, then U.S. Ambassador to Afghanistan, Karl Eikenberry signed the lease for the 5-Star Hotel property in Herat, Afghanistan, identified as the site of the future U.S. Consulate in Herat, the post that would  cover the four provinces of western Afghanistan bordering Iran and Turkmenistan: Herat, Badghis, Ghor, and Farah.

Two and a half years after that lease signing, the U.S. Consulate in Herat officially opened. Deputy Secretary of State Bill Burns attended the opening ceremony on June 13, 2012. He made the following remarks:

And so we are here to celebrate the opening of the consulate — this remarkable refurbished facility, leased from the Municipality of Herat. This was truly a community effort – we purchased local products to use in the refurbishment, some of which you can see on display in the waiting room next door. World-class quality, Chesht-e-Sharif marble now graces some of the floors. Every week, on average, more than 70 Afghans contributed their time and skills to the consulate’s construction. One expert carpenter turned plain packing crates into beautifully carved room dividers. And artwork produced by students from Herat University is displayed on the walls of the consulate.
[...]
This consulate, built with so many Afghan hands and so much Afghan talent, is a small reminder of what the people of Herat can accomplish. And it gives us hope for the greater effort facing Afghans—which is not merely the building of a single structure, but the building of an entire nation that deserves a future better than its recent past. Let this building stand as a sign of our commitment: As you build this future, one day at a time, you can count on the steadfast support and friendship of the United States of America.

Related posts:

 

This past September, we’ve blogged about the 2014 OIG report on Mission Afghanistan noting the rebuilding of the Consulate Herat building following the September 2013 attack:

Rebuilding of the badly damaged consulate building is expected to be completed in summer 2014. Consulate employees were relocated to either ISAF’s Camp Arena or to Embassy Kabul.[snip] The embassy estimates the annual operating cost for Herat is approximately $80 million, most of which is devoted to security.

We have yet to confirm if  the rebuilding was completed this past summer (see * below).

However, on October 20, 2014, the U.S. Embassy in Kabul released a statement of its official notification to the Government of Afghanistan that it is consolidating the State Department operations in Herat at ISAF’s Camp Arena effective October 23:

On October 18, the U.S. Embassy in Kabul informed the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan that the United States intends to move its diplomatic and consular presence from its current location on Qol-e-Urdu Road to Camp Arena of the International Security Assistance Force effective on October 23, 2014.  Following the September 13, 2013 attack on the U.S. Consulate building in Herat, the staff has been working from Camp Arena, and due to operational considerations, we have decided to continue to operate from Camp Arena.  The U.S. Consulate Herat staff remains committed to engaging with the Afghan people.

Camp Arena, the main Italian base near the city of Herat is home to 2,000 Italian soldiers and 400 Spanish troops (2012 numbers).

So.  That’s where we are right now. * Word on the corridors is that this $10 million refurbished/repaired/hardened building will be a returned to the municipality and will be treated as a write-off. We anticipate that Consulate Herat will be operating out of an ISAF base for the foreseeable future but we don’t know at this time how many of these bases will remain in Afghanistan when troops are reduced to 9,800 after this year and cut in half at the end of 2015.  The reduction of forces in Afghanistan only calls for “a small military presence at the U.S. Embassy” at the end of 2016.

With that in mind, the big question is — where would this plan leave the U.S. Consulate in Herat, currently located in Camp Arena and U.S. Consulate Mazar e-Sharif, currently located in Camp Marmal?

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Filed under Afghanistan, Consul Generals, Defense Department, Diplomatic Attacks, Foreign Service, FSOs, Realities of the FS, Security, State Department, U.S. Missions, US Embassy Kabul, War

Bill Burns Retires: Read His 10 Parting Thoughts for America’s Diplomats

– Domani Spero

 

After 33 years in the Foreign Service, career diplomat, Bill Burns who served as Deputy Secretary of State since July, 2011 (only the second serving diplomat in history to become Deputy Secretary) is retiring from the Service. His retirement had been postponed twice previously but will finally happen this month.

His 10 parting thoughts for America’s diplomats piece was published by Foreign Policy. Excerpt below:

The ability of American diplomats to help interpret and navigate a bewildering world still matters. After more than a decade dominated by two costly conflicts in Iraq and Afghanistan and the worst financial crisis of our lifetime, the United States needs a core of professional diplomats with the skills and experience to pursue American interests abroad — by measures short of war.

The real question is not whether the State Department is still relevant but how we can sustain, strengthen, and adapt the tradecraft for a new century unfolding before us. As I look back across nearly 33 years as a career diplomat — and ahead to the demands on American leadership — I offer 10 modest observations for my colleagues, and for all those who share a stake in effective American diplomacy.

  • Know where you come from.
  • It’s not always about us.
  • Master the fundamentals.
  • Stay ahead of the curve.
  • Promote economic renewal.
  • Connect leverage to strategy.
  • Don’t just admire the problem — offer a solution.
  • Speak truth to power.
  • Accept risk.
  • Remain optimistic.

Read it in full at FP (registration required)  here via state.gov.

Deputy Secretary of State Bill Burns visits St. Michael’s Cathedral, where he meets with Maidan medics, civil society representatives, and religious leaders in Kyiv, Ukraine, on February 25, 2014. [State Department photo/ Public Domain]

Deputy Secretary of State Bill Burns visits St. Michael’s Cathedral, where he meets with Maidan medics, civil society representatives, and religious leaders in Kyiv, Ukraine, on February 25, 2014. [State Department photo/ Public Domain]

Excerpt from D/Secretary Burns’ letter to Secretary Kerry:

Over more than three decades, I have done my best to serve ten Secretaries of State. I have had the opportunities and experiences far beyond anything I would have imagined when I entered the Foreign Service. I owe a great deal to my friends and colleagues in the Department – to the mentors and role models who showed me over the years how to be a good diplomat; to the peers and subordinates who always made me look far better than I ever deserved; and to the men and women who serve our country with honor and distinction in hard places around the world as I write this letter. I also owe a debt of gratitude greater than I can ever express to Lisa and our two wonderful daughters, who shared fully in our Foreign Service life and made it whole. I look forward to the next chapter in my professional life, but nothing will ever make me prouder than to be a career American diplomat.”

More about the diplomat’s diplomat that made Secretary Kerry felt the need “to build a system that builds the next Bill Burns”:

Deputy Secretary Burns holds the highest rank in the Foreign Service—Career Ambassador—and became Deputy Secretary of State in July 2011. He is only the second serving career diplomat in history to become Deputy Secretary, and the longest serving. Ambassador Burns served from 2008 until 2011 as Under Secretary for Political Affairs. He was U.S. Ambassador to Russia from 2005 until 2008, Assistant Secretary of State for Near Eastern Affairs from 2001 until 2005, and Ambassador to Jordan from 1998 until 2001. Ambassador Burns has also served in a number of other posts since entering the Foreign Service in 1982, including: Executive Secretary of the State Department and Special Assistant to Secretaries Christopher and Albright; Minister-Counselor for Political Affairs at the U.S. Embassy in Moscow; Acting Director and Principal Deputy Director of the State Department’s Policy Planning Staff; and Special Assistant to the President and Senior Director for Near East and South Asian Affairs at the National Security Council staff. He speaks Russian, Arabic, and French, and is the recipient of two Presidential Distinguished Service Awards and a number of Department of State awards, including the Secretary’s Distinguished Service Award, two Distinguished Honor Awards, the 2006 Charles E. Cobb, Jr. Ambassadorial Award for Initiative and Success in Trade Development, the 2005 Robert C. Frasure Memorial Award for conflict resolution and peacemaking, and the James Clement Dunn Award. In 1994, he was named to TIME Magazine’s list of the “50 Most Promising American Leaders Under Age 40″, and to TIME’s list of “100 Young Global Leaders.”

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Filed under Ambassadors, Foreign Service, FSOs, John F. Kerry, Public Service, Retirement, Secretary of State, State Department