What happens after pay period #26?

Posted: 1:26 am EST

The State Department issued a thin Furlough Guidance Handbook to employees on January 4. It notes that State Department employees funded with no-year or multi-year accounts received their paychecks for pay period #25 on Thursday, January 3, 2019. Foreign Service annuitants received their December annuity payments on January 2, 2019 (Note that pension is not funded by annual Congressional appropriations but is drawn from the Foreign Service Retirement and Disability Fund). The Guidance says that State will also be able to make payroll for these employees for pay period #26 (actual pay date is January 17). What happens beyond that seems to be a big question mark beyond the nugget that CGFS will be issuing some future guidance.

Should the lapse in appropriations continue past the end of pay period 26 (January 5, 2019), the Bureau of the Comptroller and Global Financial Services (CGFS) intends to process payroll for pay period 26 to meet the Department’s Thursday, January 17, 2019 official pay date, for those individuals (both direct-hire employees and LE staff) who are funded using no-year or multi-year accounts that have residual balances. CGFS will be preparing and issuing T&A guidance for bureaus and posts for reporting time during any periods of lapse for pay period 26 and any later pay periods. Furloughed, excepted, and intermittent excepted employees who are not funded would not receive another pay check until there is legislation to permit payment.

01/04/19DS-5113 Agency Notice of Unemployment Compensation for Federal Employees
01/04/19SF-8 Unemployment Compensation for Federal Employees Program

We should note that a January 7 update to AFSA members flagged down a different date, which is this Friday, January 11:

In order to meet normal deadlines for processing payroll in time to meet the next payday on January 17, AFSA understands that funds need to be appropriated by Friday, January 11. The bill that funds operations at State and USAID passed the Senate Appropriations Committee in June by a 31-0 vote, but that bill has not yet gone before the full Senate. 
[…]
If that does not happen by the end of the week, however, some members of the Foreign Service (including some members who have been required to report to work) may not receive a paycheck on January 17. As a first step to preparing for that difficult possibility, members are encouraged to read the new Furlough Handbook to review options for coping with the financial consequences of the partial government shutdown.

Consular Affairs

An update on our query about Consular Affairs funding — we’ve heard from a source that CA/EX recently sent a notice to consular sections informing folks that the bureau “anticipates” being able to continue paying its staff and providing consular services as long as the funding situation with partner bureaus/agencies allowed them to continue providing service that generates revenue. Here are a couple of dire scenarios that have a potential to impact thousands of working people and their families, and not just within the State Department. 

If partner agencies are not able to do their work due to the ongoing funding lapse, it could have a potential to derail consular services. Think DHS or  FBI.  Visa services require that applicant fingerprints, photo and personal data be sent to DHS for the purpose of checking the applicant’s fingerprint information against DHS databases and establishing a record within DHS’s Automated Biometric Identification (IDENT) system. Visa issuance data is then forwarded to DHS for use at US ports of entry to verify the validity of the visa. Visa services also require the  transmission of  applicant fingerprints and personal data to the FBI fingerprint system for the purpose of checking to determine if the person has a criminal record that would have an effect on visa eligibility. If DHS and FBI stop providing those clearances, embassies and consulates won’t be able to issue visas worldwide. And that would have a cascading impact on services, fees collected, and employees getting paid.  Also if/when visa issuances stop, there will be economic consequences for the tourism, travel and hospitality industries. What’s that going to do to the international travelers spending in the United States, or travel industry employment, both direct and indirect employment?

We should note that DHS’s Automated Biometric Identification System or IDENT, is operated and maintained by OBIM (IDENT currently holds more than 200 million unique identities and processes more than 300,000 biometric transactions per day). OBIM resides in DHS’s Management Directorate. During the lapse in appropriations, the Directorate estimates 193 employees as the total number exempt/excepted employees to be retained out of a total of 1,777 employees. So they have people working over there but for how long? How long can people work with no pay?

Additionally, DOJ’s 2019 Contingency Plan says that “all FBI agents and support personnel in the field are considered excepted from furlough.” It also says that “At FBI headquarters, the excepted personnel will provide direction and investigative support to all field operations and excepted headquarters functions. This includes personnel in the Criminal Justice Information Services Division, which provides fingerprint identification services to criminal and national security investigations, and the Records Management Division, which provides name check services to criminal and national security investigations.”

Regarding partner bureaus — consular operations do not stand alone at overseas posts. They are not able to operate without security guards, typically locally hired security guards. Local guards are not under consular sections but under the purview of Regional Security Officers. They are funded under the Bureau of Diplomatic Security within the Worldwide Security Protection, an account that the State Department previously identified as “initially have [ing] available balances”. We don’t know how much available balances DS has, but when that account is depleted, there won’t be money to pay the local guards, and posts cannot just use comp time or issue IOUs. And if there are no local guards to provide this critical function, posts won’t be able to open their consular sections to the public. That will have a cascading effect on services provided, fees collected, employees getting paid, and beyond. 

Also below, the State Department furlough Q&A includes the following;

On jobs during furlough: May I look for a job during the furlough if that is required to apply for unemployment compensation in my state?

A. A furloughed employee may seek employment without advanced authorization and can provide to the unemployment office any evidence that he or she is in fact seeking employment. Some States require claimants be engaged in an active search for work to be eligible for unemployment compensation. Department employees are reminded that relevant ethics laws, rules, and regulations continue to apply to them while in furlough status, including restrictions on outside employment with non-federal entities. For example, Department employees employed by a non-Federal entity during the furlough may later be restricted from participating in their official capacity in matters that affect that entity. If you have specific questions about your potential employment, you can contact EthicsAttorneyMailbox@state.gov.

For presidential appointees and covered noncareer employees (e.g., both noncareer SES and SFS and certain Schedule C employees), there are certain restrictions on outside earned income. Employees who file a Public Financial Disclosure Report (OGE 278e) must also file a recusal notice at negotiationnotice@state.gov when negotiating outside employment.

If you have more specific questions not covered above, you can contact negotiationnotice@state.gov.

Injury while on furlough: If employees are injured while on furlough or LWOP, are they eligible for workers’ compensation?

A. No, workers’ compensation is paid to employees only if they are injured while performing their duties. Employees on furlough or LWOP are not in a duty status.

Can somebody please ask the State Department what happens to employees in war zones and high threat posts who may be injured during this shutdown?

Mental Health Resources:

MED’s Employee Consultation Services (ECS) office remains open with reduced staffing during the furlough. You can reach ECS at 703-812-2257 or email MEDECS@state.gov.FEDERAL

Medical Evacuation:

New medical evacuations and ongoing medevacs are considered excepted activities and will continue during the furlough.

Employee Health Benefits and Life Insurance: Will I still have coverage under the Federal Employee Health Benefits (FEHB) program during the furlough?

A. Yes, the employee’s FEHB coverage will continue even if an agency does not make the premium payments on time. Since the employee will be in a non-pay status, the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status.

For Federal Employee Group Life Insurance (FEGLI), coverage continues for 12 consecutive months in a nonpay status without cost to the employee (5 CFR 870.508(a)) or to the agency (5 CFR 870.404(c)). Please note that premium payments are required if an enrolled employee in nonpay status is receiving workers’ compensation (5 CRF 870.508(a)).

 

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Gabonese Military Stages Coup Attempt in Libreville

Posted: 12:49 AM PST
Updated: 1:06 AM PST
Updated: 10:30 AM PST

Reuters is reporting that Gabon has thwarted the attempted coup and the government has killed or arrested the plotters. On January 7, U.S. Embassy Libreville in Gabon posted four Security Alerts on the embassy’s website. The first one warns of “possible anti-government military activity underway.” The second alert says “Embassy has advised the family members of U.S. citizen employees and local staff members to remain in their homes today.  Out of an abundance of caution as we further assess the situation, the Embassy has asked the families of U.S. citizen employees to keep their children at home from school tomorrow.” The third alert says “The Embassy has advised local staff members to remain at home.  U.S. Citizen employees have been told to avoid the downtown area.” The fourth, and latest alert posted as of this writing includes the following:

In light of recent anti-government activity, the U.S. Embassy has requested that Embassy personnel restrict their movements to the area north of Léon-Mba International Airport from dusk tonight until dawn tomorrow.  Embassy personnel and their families are advised to continue to exercise increased caution tomorrow by avoiding the downtown area and limiting unnecessary travel. Although the Léon-Mba International Airport is open at this time, a number of flights have been cancelled. Those who plan to travel in the next few days should contact the airport or their airline to confirm flight status.

The Security Alerts are posted on the embassy’s website but none are posted on Twitter or Facebook. Best we could tell @TravelGov has posted all the alerts here but only the second Security Alert on Twitter. The main State Department account @StateDept has not posted any of the Alerts. 

Website U.S. Embassy Libreville Gabon+241 0145 7100
Email: librevilleacs@state.gov
State Department – Consular Affairs: 888-477-4747 or 202-501-4444

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On January 4, the Trump Administration notified Congress of U.S. troop deployment to Libreville, Gabon, in anticipation of potential security requirement at the US Embassy Kinshasa, in the Democratic Republic of the Congo (see Military Personnel Deploys to Gabon in Support of US Embassy Kinshasa Security #DRC).

Early Monday morning, Gabonese soldiers appeared on state television announcing a coup in the West African country. Tanks and armed vehicles are reportedly in the streets of the capital, Libreville and a curfew has been imposed. The Internet has reportedly been shutdown. As of this writing there are no alerts, emergency message, or security updates from the U.S. Embassy Libreville (embassy last posted on Twitter and FB the day before the shutdown). There is no update from @StateDept. The Gabon situation is developing.

Regional Map with Gabon, Democratic Republic of the Congo

Regional Map with Gabon, Democratic Republic of the Congo

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Military Personnel Deploys to Gabon in Support of US Embassy Kinshasa Security #DRC

On December 14, 2018, the State Department issued a Level 3 Travel Advisory for the Democratic Republic of the Congo (DRC) urging American travelers to reconsider travel there due to “crime and civil unrest.” The advisory also announced that the Embassy’s non-emergency personnel and their family members were on mandatory evacuation order. See US Embassy Kinshasa on Ordered Departure For Non-Emergency Staff/Family Members #DRC

On January 4, the president notified Congress of the deployment of approximately 80 Armed Forces personnel to Gabon in support of the security of the US Embassy in Kinshasa in the Democratic Republic of the Congo. Excerpt below:

United States Armed Forces personnel have deployed to Libreville, Gabon, to be in position to support the security of United States citizens, personnel, and diplomatic facilities in Kinshasa, Democratic Republic of the Congo.  This deployment of approximately 80 personnel is in response to the possibility that violent demonstrations may occur in the Democratic Republic of the Congo in reaction to the December 30, 2018, elections there.  The first of these personnel arrived in Gabon on January 2, 2019, with appropriate combat equipment and supported by military aircraft.  Additional forces may deploy to Gabon, the Democratic Republic of the Congo, or the Republic of the Congo, if necessary for these purposes.  These deployed personnel will remain in the region until the security situation in the Democratic Republic of the Congo becomes such that their presence is no longer needed.

This action was taken consistent with my responsibility to protect United States citizens both at home and abroad, and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority to conduct United States foreign relations and as Commander in Chief and Chief Executive.

WH: https://www.whitehouse.gov/briefings-statements/letter-president-speaker-house-representatives-president-pro-tempore-senate-2/

@StateDept’s Level 4 “Do Not Travel” Countries For 2019

The State Department’s Level 4 – Do Not Travel advisory category is the highest advisory level due to greater likelihood of life-threatening risks. During an emergency, the U.S. government may have very limited ability to provide assistance. The Department of State advises that U.S. citizens not travel to the country or to leave as soon as it is safe to do so.

As of January 4, 2019, there are eleven countries designated as Level 4 “do not travel” countries.

In Somalia, the U.S. government has limited ability to provide emergency services to U.S. citizens due to the lack of permanent consular presence in the country.

In North Korea, the State Department says that the U.S. government is unable to provide emergency services to U.S. citizens in North Korea as it does not have diplomatic or consular relations with North Korea. Sweden serves as the protecting power for the United States in North Korea, providing limited emergency services. However, the North Korean government routinely delays or denies Swedish officials access to detained U.S. citizens.

In South Sudan, U.S. government personnel are under a strict curfew. The advisory says personnel “must use armored vehicles for nearly all movements in the city, and official travel outside Juba is limited. Due to the critical crime threat in Juba, walking is also restricted; when allowed, it is limited to a small area in the immediate vicinity of the Embassy and must usually be conducted in groups of two or more during daylight hours. Family members cannot accompany U.S. government employees who work in South Sudan.”

In Iraq, the U.S. government’s ability to provide routine and emergency services to U.S. citizens is “extremely limited.”  On October 18, 2018, the Department of State ordered the temporary suspension of operations at the U.S. Consulate General in Basrah.

Secretary Kerry's Helicopter Flies Over Baghdad En Route to Airport
Baghdad, Iraq | State Department Photo

In Iran, the U.S. government does not have diplomatic or consular relations. “The U.S. government is unable to provide emergency services to U.S. citizens in Iran. Switzerland serves as the protecting power for U.S. citizens in Iran, providing limited emergency services.”

In CAR, the U.S. government has limited ability to provide emergency services to U.S. citizens as U.S. government employees must obtain special authorization to travel outside the Embassy compound.

The U.S. Embassy in Damascus in Syria suspended its operations in February 2012. “The U.S. government does not have diplomatic or consular relations with Syria. The Czech Republic serves as the protecting power for the United States in Syria. The range of consular services that the Czech Republic provides to U.S. citizens is extremely limited, and the U.S. government is unable to provide emergency services to U.S. citizens in Syria.”

In Mali, the U.S. government is unable to provide emergency services to U.S. citizens in the northern and central regions of Mali as U.S. government employees travel to these regions is restricted due to security concerns. 

In Libya, the U.S. government is unable to provide emergency or routine assistance to U.S. citizens as the U.S. Embassy in Tripoli suspended its operations in July 2014.

In Afghanistan: The U.S. Embassy’s ability to provide routine and emergency services to U.S. citizens in Afghanistan is severely limited, particularly outside of Kabul. Evacuation options from Afghanistan are extremely limited due to the lack of infrastructure, geographic constraints, and the volatile security situation. Family members cannot accompany U.S. government employees who work in Afghanistan. Unofficial travel to Afghanistan by U.S. government employees and their family members is restricted and requires prior approval from the Department of State. U.S. Embassy personnel are restricted from traveling to all locations in Kabul except the U.S. Embassy and other U.S. government facilities unless there is a compelling U.S. government interest in permitting such travel that outweighs the risk.  Additional security measures are needed for any U.S. government employee travel and movement through Afghanistan.

The U.S. Embassy in Sana’a suspended its operations in February 2015. The U.S. government is unable to provide emergency services to U.S. citizens in Yemen.

Somalia Travel Advisory | AFLevel 4: Do
Not Travel
December
26, 2018
North Korea (Democratic People’s Republic of Korea) Travel Advisory | EAPLevel 4: Do
Not Travel
December
19, 2018
South Sudan Travel Advisory | AF

Level 4: Do
Not Travel
December
11, 2018
Iraq Travel Advisory | NEALevel 4: Do
Not Travel
October 18, 2018
Iran Travel Advisory | NEALevel 4: Do
Not Travel
October 10, 2018
Central African Republic Travel Advisory |
AF
Level 4: Do
Not Travel
October 3,
2018
Syria Travel Advisory | NEALevel 4: Do
Not Travel
September 10, 2018
Mali Travel Advisory | AFLevel 4: Do
Not Travel
August 13, 2018
Libya Travel Advisory | NEALevel 4: Do
Not Travel
August 8,
2018
Afghanistan Travel Advisory | SCALevel 4: Do
Not Travel
July 9, 2018
Yemen Travel Advisory | NEALevel 4: Do Not TravelJuly 5, 2018

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FBI Offers $20,000 Reward For ID in Nov 30 U.S. Consulate Guadalajara Grenade Attack

The Federal Bureau of Investigation (FBI) is seeking the public’s assistance in learning the identity of the two individuals allegedly responsible for the November 30 grenade attack on the U.S. Consulate compound in Guadalajara, Jalisco. The FBI is offering a reward up to $20,000 dollars in exchange for information leading to the identification and arrest of these individuals.  Anyone with information about this incident or the identity or the whereabouts of these individuals is urged to contact investigators at a toll free number 001-800-225-5324 or at 33-3268-2349.   All information can remain anonymous and confidentiality is guaranteed. Read more below:

US Embassy Kinshasa on Ordered Departure For Non-Emergency Staff/Family Members #DRC

On December 14, the State Department issued a Level 3 Travel Advisory for the Democratic Republic of the Congo (DRC) urging American travelers to reconsider travel there due to “crime and civil unrest.” The advisory also announced that the Embassy’s non-emergency personnel and their family members were on mandatory evacuation order. 

We’re not sure if the staff/family members will be safehavened in the region or if they were ordered to return to the U.S. We will update if we know more. If you’re in the FS community and in the DC area, you may check with AAFSW; they may need help.  The group runs an Evacuee Support Network that offers assistance to Foreign Service employees and family members evacuated from posts overseas through a dedicated network of volunteers in the Washington, DC area.

Reconsider travel to the Democratic Republic of the Congo (DRC) due to crime and civil unrest.  Some areas have increased risk.  Read the entire Travel Advisory.

Do not travel to:

  • Eastern DRC and the three Kasai provinces due to armed conflict.

Violent crime, such as armed robbery, armed home invasion, sexual assault, and physical assault, is common.  Assailants may pose as police or security agents.  Local police lack the resources to respond effectively to serious crime.

Many cities throughout the country experience demonstrations, some of which have been violent.  The government has responded with heavy-handed tactics that have resulted in civilian casualties and arrests.

On December 14, 2018, the Department ordered the departure of non-emergency U.S. government employees and family members.

The U.S. government has limited ability to provide emergency services to U.S. citizens outside of Kinshasa due to extremely limited infrastructure and poor security conditions, notably in eastern DRC and Kasais.

More here: https://cd.usembassy.gov/news-events/

An Embassy Security Alert dated December 16 “strongly urges U.S. citizens to depart the country and take advantage of departing commercial flights.”  The Embassy’s once more emphasized that its ability to provide emergency services to U.S. citizens in the DRC is severely limited, particularly outside of Kinshasa.  It also notes that “elections are scheduled to take place on December 23 and could trigger large-scale demonstrations which could further limit the services of consular staff even in Kinshasa.”

Yo! The Thing. Still Going on in China?

We understand that there are still “a lot of curtailments” continuing out of China even now because “The Thing” is still going on according to a note in our mailbox.

In January 2018, the SFRC’s had a Subcommittee Hearing Attacks on U.S. Diplomats in Cuba: Response and Oversight. In September 2018, Senator Bob Menendez (D-N.J.), Ranking Member of the Senate Foreign Relations Committee, sent a letter to Secretary of State Mike Pompeo requesting that the Trump administration provide an unclassified version of the State Department’s recent Accountability Review Board (ARB) report on the incidents affecting the health of U.S. personnel serving in Cuba. We have not been able to locate any congressional oversight hearings on the incident in China.  We don’t know if there is an ARB China. If an ARB was convened on the health attacks in China, there does not appear to be any public notification. 

In late October, an NBC News investigation indicates that US diplomats are concerned that the State Department is down-playing a pattern of what’s been called “health attacks” on diplomatic staff in Cuba and China. (see Is @StateDept Working to Minimize the Health Attacks in China? #Cuba #MissingARBs). If curtailments are still going on, that indicates that USG employees and family members in one of our largest overseas missions remain in harm’s way, so who’s talking about it?  Somebody please ask your friendly senior administration official what are they doing about it. Three years ago, we would have had back to back congressional hearings not just on the Havana Syndrome, but also on the China Syndrome, and on the State Department’s response to these attacks. Can we please have some oversight hearings in January, pretty please?   

Via Giphy

MORE:

This one about Canadian diplomats and their families. G&M reports that  nine Canadian adults and four children have been diagnosed with the brain injuries. “The Canadians who were affected in 2017 are all in Canada and still employed by Global Affairs, although several are unable to work because of their symptoms.”

Pompeo Convenes ARB Guadalajara For Jan 2017 Attack on USG Employee

On November 8, the Federal Register published a notice that an Accountability Review Board (ARB) for a security incident where a U.S. national attempted to murder a U.S. diplomat in Guadalajara, Mexico had been convened:

On June 1, 2018, Secretary Pompeo authorized the convening of an Accountability Review Board (ARB) to review a January 2017 attack on a U.S. government employee in Guadalajara, Mexico. Pursuant to Section 304 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (22 U.S.C. 4834), the ARB will examine the facts and circumstances, and report findings and recommendations as it deems appropriate, in keeping with its mandate. (see American Diplomat Wounded in Targeted Attack in #Guadalajara, Mexico). Last month, the assailant was sentenced to 22 years (see U.S. National Sentenced to 22 Years For Attempted Murder of U.S. Diplomat in Mexico).

The notice includes the composition of the ARB:

Secretary has appointed Lisa Kubiske, a retired U.S. Ambassador, as Chair of the Board. The other Board members are retired Ambassador Linda Thomas-Greenfield, retired Ambassador Joan Plaisted, Ms. Carol Gallo, and Mr. John DeSalvio. They bring to their deliberations distinguished backgrounds in government service.

According to the notice, the Board “will submit its conclusions and recommendations to Secretary Pompeo within 60 days of its first meeting, unless the Chair determines a need for additional time. Within the timeframes required by statute following receipt of the report, the Department will report to Congress on recommendations made by the Board and action taken with respect to those recommendations.”

12 FAM 030 on the ARB provides that “The Secretary must convene a Board not later than 60 days after the occurrence of an incident, except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.”  The attack occurred in January 2017; we have not been able to locate a notice of an ARB for this incident authorized by Tillerson. Pompeo assumed office in Foggy Bottom on April 26, 2018. ARB Guadalajara was authorized on June 1, 2018, some 17 months after the incident, but less than 60 days from Pompeo’s taking office. 

There is a provision in the regs for a delay in convening an ARB; we can’t tell if the delay here was under this provision or simply because Tillerson’s tenure was beset by chaos: With respect to breaches of security involving intelligence activities, the Secretary may delay the convening of a Board, if, after consultation with the chair of the Select Committee on Intelligence of the Senate and the chair of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that the establishment of a Board would compromise intelligence sources or methods.  The Secretary must promptly advise the chairs of such committees of each determination to delay the establishment of a Board. 

In any case, we’re still interested in learning more about what happened to ARB Guadalajara. If it’s been concluded, has it been forwarded to Congress? 

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US Embassy Kinshasa Remains Closed to the Public For Sixth Day Over Terror Threat #DRC

 

On December 2, the US Embassy Kinshasa in the Democratic Republic of the Congo announced that it will be closed to the public again due to a terrorist threat against USG facilities in the capital city. Below is part of the announcement:

The U.S. Embassy in Kinshasa is working closely with the Government of the Democratic Republic of Congo to address a terrorist threat against USG facilities in Kinshasa.  The U.S. Embassy in Kinshasa will be closed to the public on Monday, December 3.

 Actions to Take:

·        Maintain a heightened level of vigilance and practice good situational awareness.

·         Monitor local media for updates.

·         Keep a low profile and notify friends and family of your safety.

·         Review the country page  and remain alert for potentially dangerous situations.

US Embassy Kinshasha previously “received credible and specific information of a possible terrorist threat against U.S. Government facilities in Kinshasa” on November 24, 2018. It initially closed to the public with only minimal staffing on Monday, November 26, 2018.

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Russia-Ukraine Tensions Escalate in Azov Sea, U.S. Issues Forceful Response: ZZZzzz

 

Still nothing from the State Department, Secretary Pompeo or US Embassy Ukraine  as of this writing, but the U.S. Special Representative for Ukraine did tweet a comment with three question marks. Note that the tweet isn’t ALL CAPS.

Also here’s the chief diplomat of the United States tweeting about military protection pay but no tweets, ALL CAPS or otherwise about the incident that Ukrainian Navy said has wounded six Ukrainian servicemen when Russian forces shot at and seized three Ukrainian naval vessels off the coast of Crimea.

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