Spending Bill Includes Benefits For USG Employees & Dependents Injured While Serving in China and Cuba

 

On December 16, 2019, U.S. Senator Jeanne Shaheen (D-NH) announced that she has secured long-term, emergency care for U.S. Government employees & dependents who were injured while serving in China & Cuba: 

Long-term Emergency Care for U.S. Government Employees & Dependents Injured while Serving in China and Cuba

Shaheen successfully secured language to provide long-term, emergency care benefits for injured U.S. Government employees—and their dependents—who served overseas. Currently, a group of over 40 employees have been designated by the U.S. Government as suffering injuries as a result of a hostile action or health incident while serving in China and Cuba. This provision would provide for their prescribed care, as well as the care of their injured dependents, if their insurance or worker’s compensation benefits fall short.

In March, CBS 60 Minutes reported on the first-hand accounts of the diplomats serving in China who have experienced these alarming health conditions and the disturbing lack of care and support from the U.S. government, despite the fact that their symptoms appear to match those of U.S. diplomats who were working in Havana, Cuba. The 60 Minutes report featured a letter from Senator Shaheen to Secretary of State Mike Pompeo requesting that the State Department “re-examine the cases from China … and provide all injured personnel with equal access to treatment, leave and benefits.”

Senator Shaheen’s provision would authorize the State Department to provide the following:

    • Long-term, emergency care benefits to federal employees that were injured as a part of their duties in China and Cuba;
    • Allow dependents of these employees to receive benefits if their primary insurance denies their claims; and
    • Would also allow USG employees to receive compensation if their injuries preclude them from working a full work schedule.
Per Further Consolidated Appropriations Act, 2020
Under TITLE IX—OTHER MATTERS | SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS’ COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR DEPARTMENT OF STATE PERSONNEL UNDER CHIEF OF MISSION AUTHORITY:
Under ADJUSTMENT OF COMPENSATION FOR CERTAIN 21 INJURIES.— 

The Secretary of State may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, United States Code, and may determine the amount of each monthly monetary benefit amount by taking into account— (A) the severity of the qualifying injury; (B) the circumstances by which the covered employee became injured; and (C) the seniority of the covered employee, particularly for purposes of compensating for lost career growth.

Under COSTS FOR TREATING QUALIFYING INJURIES.—

The Secretary of State may pay the costs of or reimburse for diagnosing and treating— (1) a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5, United States Code, or other provision of Federal law; or (2) a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law.

Under QUALIFYING INJURY.—

The term ‘‘qualifying injury’’ means the following: (A) With respect to a covered dependent, an injury incurred—  (i) during a period in which the covered dependent is accompanying an employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); (ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State …

(B) With respect to a covered employee or a covered individual, an injury incurred—  (i) during a period of assignment to a duty station in the Republic of Cuba, the People’s Republic of China, or another country designated by the Secretary of State pursuant to subsection (f);  (ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and…

Under APPLICATION.—

(1) IN GENERAL.—This section shall apply with respect to— (A) payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5, United States Code, beginning on or after January 1, 2016; and (B) diagnosis or treatment described in subsection (b) occurring on or after January 1, 23 2016.

Under REGULATIONS.—

Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall— (1) prescribe regulations ensuring the fair and equitable implementation of this section; and (2) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations.

Under this bill, the Secretary of State may also designate another foreign country for the purposes of this section, provided that the Secretary reports such designation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and includes in such report a rationale for each such designation.

 

 

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Canada Study: Mosquito Fumigation May Have Caused ‘Havana Syndrome’

 

 

You may access the report here or read it below:

State/MED: Kathy Gallardo No Longer Deputy Chief Medical Officer For Mental Health Programs

 

We understand that as of this week, Dr. Kathy Gallardo is no longer the State Department’s Deputy Chief Medical Officer – Mental Health Programs (MED/MH Director) at the Bureau of Medical Services (State/MED). Unconfirmed reports that she will be taking an overseas posting, post unknown as of this writing.

Dr. Charles Lilly will reportedly serve in an acting capacity  until a replacement is identified. We could not locate any bio for Dr. Lilly. Also for some reason, none of the employees under the Directorate for Mental Health Programs (MED/MH) are listed on DOS directory. The Bureau of Medical Services (MED) web page on state.gov is also pretty sparse; the only individual identified on its leadership page is Chief Medical Officer Dr. Mark Cohen.  

Via FSJ:

Related posts:

Ex-StateDept GSO Steven H. Hassan Gets 40 Years For Sexual Abuse of Children and Child Pornography

 

 

On August 13, USDOJ announced that former State Department employee, Steven Hadley Hassan, 52, was sentenced to 40 years in federal prison for sexual abuse of minors, and the production and transportation of child pornography. Our sources identified Hassan as a General Services Officer (GSO), a Foreign Service specialist who joined the State Department in 2010. We could not verify at this time that “he was in the Specialist Orientation class in 2010″ or that he  only “served two overseas tours” or that he “was never tenured.”
The DOJ announcement only identified Hassan as having served in the Philippines and South Africa. In his guilty plea, Hassan admitted to the sexual abuse of Jane Doe 1 in government housing in those two locations  from October 2010 continuing until mid-2013.
Indictment: Abuse in USG Permanent Housing
Count 8 of the Superseding Indictment filed on October 11, 2018, notes that in or about July 2010 through no later than in or about June 2012, the defendant resided in the Philippines in connection with his work as a State Department employee. In or about October 2010, he moved into permanent housing located in Dasmarinas Village, Makati, Philippines, provided by the U.S. Government. In or about June 2012, defendant repeatedly sexually abused a minor, Jane Doe 1, in his permanent housing. 
The Stipulation of Facts in court records signed and agreed to by Hassan says that while stationed in the Philippines, Hassan also sexually abused two pre-pubescent minors who resided in Manila-Jane Doe 2 (born in October 2003) and Jane Doe 3 (born in September 1999), who are sisters, and Hassan produced images of the abuse. Further it states that both Jane Doe 2 and Jane Doe 3 met Hassan in 2010 when he offered them food from a local restaurant near where they lived. Thereafter, the Defendant transported Jane Doe 2 and Jane Doe 3 in his minivan to a local hotel and sexually abused them.[…] Hassan most recently sexually abused Jane Doe 2 in 2015 when he visited the Philippines for a brief trip.
Count 9 of the indictment notes that in or about July 2012 though no later than in or about July 2014, the defendant resided in South Africa as a State Department employee. He moved into permanent housing in Pretoria, South Africa, in a U.S. Government-provided housing. Thereafter through in or about September 2013, defendant repeatedly sexually abused  Jane Doe 1 in his permanent housing.
Work Background
Steven Hassan’s 18-page resume online indicates that he worked for the U.S. Navy from 1987-1993, and various military-related work from 1993 to 2007 in Guam, Everett (WA), Yokosuka, Japan, and Whidbey Island (WA). It also indicates that he worked as an Administrative Assistant for the State Department’s MED Bureau from 2007-2008 (FederalPay.org lists him under Miscellaneous Clerk and Assistant for the State Department in 2007). From 2008-2010, he worked for the National Cancer Institute (FederalPay.org lists him as working for the National Institutes of Health in 2008 and 2009). His online resume also identified himself as Assistant General Services Officer (GSO) at the US Embassy Manila in the Philippines from June 2010-June 2012, then Assistant GSO at the US Embassy in Pretoria, South Africa from July 2012-August 2014. 
The Stipulation of Facts includes the following detail: “Hassan eventually brought his Sony camera and the SD card within it back to the United States after his tours overseas were completed, some time after November 2015.”
Hassan’s online resume notes that he worked as a Senior GSO at the U.S. Consulate General in Karachi, Pakistan from September 2014 -January 2016. Hassan’s brief visit to the Philippines in 2015, and the most recent abused of Jane Doe 2 alleged in the Stipulation of Facts appeared to have occurred while Hassan was assigned to the US Consulate General in Karachi. 
The last entry in Hassan’s online resume indicates that he worked as GSO at the “Near East Asia/Pacific Executive Office” at the State Department from “February 2016-present” but also lists as part of his duties and accomplishments updating “all EAP/GSO standard operation procedures.” We should point out for those unfamiliar with State Department bureaus that NEA and EAP are two different offices.
Arrest and Detention
According to the “Affidavit in Support of the Criminal Complaint and an Arrest Warrant” executed by a special agent from DHS/ICE’s Homeland Security Investigations, an FBI Task Force Officer in an undercover capacity accessed a publicly available peer-to-peer file sharing program known to law enforcement to be used by individuals with sexual interest in children from an Internet-connected computer on January 22, 2018. 
The undercover (UC) was “friends” with a user, and downloaded 24 folders from that user which contained approximately 2600 depictions of child pornography. The UC determined the IP address of the user, eventually served a subpoena to the ISP provider which returned the user name during the session as that belonging to Steven Hassan.
On March 27, 2018, a judge authorized a state search and seizure warrant of Hassan’s residence in Frederick, MD.
On April 13, a federal search and seizure warrant for Hassan’s residence was issued for evidence relating to possession with intent to distribute child pornography.
On June 8, 2018, Hassan was arrested at his residence in connection with a federal warrant and has been detained since that time.
On August 17, 2018, the State Department (through HR’s Office of Employee Relations, Work/Life Division) updated 3 FAM 1810 Family Advocacy Program (Child Abuse, Child Neglect, and Domestic Violence) of the Foreign Affairs Manual. Was this pure coincidence or did this case precipitate the update of the FAM? 
Plea and Sentencing
Under the plea agreement signed by Hassan on March 5, 2019, the penalties under the statute he was charged has a minimum  of 15 years, and a maximum of 30 years, with supervised release for life.
On August 12, 2019, United States Attorney Robert K. Hur wrote to the court informing the judge that “three of Defendant’s victims in the Philippines have informed the Government that (1) each is seeking restitution for harm suffered as a result of Defendant’s offense; and (2) each is willing to agree to restitution in the amount of $1,000 per person. The Government has informed Defendant’s counsel of the amount of restitution sought by each of the victims. Defendant does not object to it. Accordingly, the Government at sentencing tomorrow will ask the Court to include $1,000 in restitution to each of the three victims who have sought it in the Judgment and Commitment Order.” 
On August 13, 2019, U.S. District Judge Paul W. Grimm sentenced Steven Hadley Hassan, age 52,  to 40 years in federal prison, followed by a lifetime of  supervised release.
Questions
If not for the undercover officer who was able to access Hassan’s pornographic files online, we would not have known about his sexual abuse of Jane Doe 1 and other minors, or his production and transportation of child pornography, would we?
What medical and mental health assistance were made available to Jane Doe 1 whose abuse occurred in USG-provided housing?
We recognized that Hassan has been identified in court documents as a former State Department employee. But when exactly did Hassan become a former State Department employee – was he already a former employee before his arrest, or did he become a former employee following his arrest? We’ve sent the State Department several nagging questions about this case on Wednesday; to-date we have not heard anything back. 
And then there’s this: Diplomatic Security’s DSS conducts more than 38,000 personnel security actions each year for the Department of State and other federal agencies. What happened to this one? Also what about the Continuous Evaluation Program?  Diplomatic Security says on its website that the Office of the Director of National Intelligence (ODNI) implemented Continuous Evaluation (CE) program in December 2016 to ensure the federal government maintains a strong and trusted workforce.  CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. How did that work here?


Via USDOJ: Former Foreign Service Officer Sentenced to 40 Years in Federal Prison for Production and Transportation of Child Pornography
Sexually Abused at Least Five Minors While Stationed Overseas as a Foreign Service Officer

Greenbelt, Maryland – U.S. District Judge Paul W. Grimm today sentenced Steven Hadley Hassan, age 52, of Frederick, Maryland, to 40 years in federal prison, followed by lifetime supervised release, for sexually abusing minors to produce child pornography and transporting those images to the United States.  Judge Grimm also ordered that, upon his release from prison, Hassan must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).  Hassan has been detained since his arrest on June 8, 2018.

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The reason for “Domestic Only” medical clearance determination is bing, bong, bing #HelpMED

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Via howler from A:

“The reason for the Domestic Only medical clearance determination is clearance determination is based upon the review of submitted medical documentation and recommendations made by the MED Mental Health team.
[…]
…. In your request for a review please advise that you understand that you were given a Domestic Only Assignment (Class 5) clearance for the above stated reasons, but that you disagree with that decision and would like to have the adjudication reviewed.”

                 White Goat on Grass Field  Seeks Plain Writing Act for 2019                                    (Photo by Pixabay)

Susan Pompeo wants you to know she’s making happiness, security of diplomatic families her mission

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On July 6, 2019, just days after the July 1st CNN report  on a whistleblower claiming Secretary Pompeo’s security picks up Chinese food, and the dog, Sherman, apparently from the groomer, the Washington Times has a rollicking coverage of Susan Pompeo.
‘Do you feel safe?’ Susan Pompeo makes happiness, security of diplomatic families her mission” blares the headline. She’s not a government employee, so the  chances of getting her on the podium to speak about this mission is not high, but the next time reporters get a chance to er … grill her, please ask her where she was when State Department employees were terrified while trying to find an accommodation for their special needs children and their education while overseas.
Where was Mrs. Pompeo when the medical provider at State was deemed to lack a “fundamental lack of compassion”  and lack of understanding and empathy for Foreign Service personnel and families?
Where was Mrs. Pompeo when a senior official of her husband’s agency appears to believe that individuals and families with any sort of special need should not serve overseas, should curtail or break assignments, should stay indefinitely in the United States, or even leave the Foreign Service altogether?
Employees and family members already facing physical, mental and educational challenges, also had to face fear of retribution given the reported hostile and adversarial relationship fostered by a bureau tasked with taking care of employees and families.
Despite reported mistreatment, Foreign Service families have not publicly pushed back, and anything reported are only on background, for fear that their actions could result in the denial of financial support for needed services for special needs children  or fear that it would put in jeopardy clearances for themselves and their dependents. Without appropriate clearances, employees would not be able to work overseas or may have to contend with family separation for members with limited clearances.
If taking care of diplomatic families has become her mission, we’re curious where was Mrs. Pompeo when this issue was causing so much pain, fear, and distractions among FS families? (Also see Under Secretary Bulatao on Enhancing Support for Employees with Children with Special Needs 
As an aside – we should note that following the furor over her travel with Secretary Pompeo during the January 2019 government shutdown, CNN reported that the secretary described his wife’s trip as a “working trip”  — apparently telling reporters she joined him to try to help the department “be better.” “So she meets with the medical officers. She’ll tour housing. She will write up her thoughts and comments after that. And I wish I had time to do each of those things myself, but she is a force multiplier,” Secretary Pompeo said according to CNN.
If she did a trip report for that January trip, it has so far remained a secret.  By March 2019, as she became increasingly visible flying around with Secretary Pompeo, the official word coming out of Foggy Bottom is that the secretary “reimburses the United States government for all appropriate expenses, including Mrs. Pompeo’s travel, in accordance with the law.”
Oh, by the way, we think employees at a small post — with leaks in a new embassy compound building roofs in Paramaribo and suffering from exposure to mold — needs help. The health hazard was identified in March 2017!  And the problem still had not been resolved.  Imagine that. We’re guessing that they are not terribly happy nor feeling heath-safe over there.

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Wait, they want an employee to “prove causation” for a mystery illness?

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New Report: Scans Show Changes to Brains of U.S. Embassy Havana Staffers

 

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The Havana Syndrome in the News, and Some Questions For Foggy Bottom’s New “M”

 

The Havana Syndrome remains a mystery and a subject of interest. But the latest report via Buzzfeed suggests that “much of the early research into the mystery may have been botched or biased.”

The initial investigation was confined to two competing sets of researchers, both eager to publish studies on their own work, and whose findings have been at odds with each other. In one case, researchers were also seeking to promote their own newly approved medical device as a diagnostic tool. And until now, the effort has lacked broader oversight by an institution capable of cross-disciplinary research.

“The fundamental problem is you can’t trust anybody here,” said medical ethicist Sergio Litewka of the University of Miami, who has written about the political cloud of secrecy and distrust surrounding the diplomats’ injuries. “Not the US State Department and not the Cuban government.” (BuzzFeed has filed a lawsuit with the State Department requesting its communications related to the medical research into the injuries, after the agency denied a request for them on medical privacy and ongoing investigation grounds.)

Can somebody please ask the new “M” Brian Bulatao what’s his plan about this matter going forward?  Can an “America First” policy over everything afford to have this medical mystery just go unsolved? What happened to the Accountability Review Board reportedly convened by the former Secretary of State Rex Tillerson. The ARB process doesn’t stop when the secretary of state is fired via tweet, does it?  What happens to those affected? What happens to those affected who were not employed by the U.S. government (spouses and children)? What happens if those affected leave their jobs voluntarily or involuntarily?  What arrangements are made in terms of medical care? What’s the plan if a similar incident were to happen at another part of the globe?

We missed this 4-part report from Canada:

The Havana Syndrome, Part 3: Insiders say ordeal has ‘struck a nerve’ in Canada’s diplomatic community

The Havana Syndrome, Part 4: What it could be and how experts will try to crack the case

FSGB finds no merit in argument that @StateDept has “unfettered discretion” to grant or deny SNEA benefit

Via FSGB Case No. 2018-016:

“The Department next argues that its granting a SNEA under section 5924 is “discretionary,” and in any event must be paid in accordance with the DSSRs. As we have previously stated, the prior authorization the grievants sought, for reimbursement after their arrival at post, is fully consistent with the DSSRs. Further, we find no merit to the argument that the Department has unfettered discretion under section 5924 to grant or deny a SNEA benefit to employees in any way it may see fit. Rather, law and regulation must limit its discretion.”

Via giphy.com