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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U.S. Senate Joins House, Passes Resolution Recognizing the Armenian Genocide

 

On October 29, the U.S. House of Representatives voted 405-11 agreeing to H.Res. 296 “Affirming the United States record on the Armenian Genocide”. October 29 is also Turkey’s Republic Day, the 96th anniversary commemorating the proclamation of the Republic of Turkey in 1923.
On December 12, the U.S. Senate also passed S.Res.150 “Expressing the sense of the Senate that it is the policy of the United States to commemorate the Armenian Genocide through official recognition and remembrance.” The Resolution was agreed to in Senate without amendment and passed by unanimous consent.

Related posts:

 

 

CBS News on Possible ‘Pay-to-Play’ Scheme in Withdrawn Doug Manchester Nomination

 

On November 13, the White House formally withdrew its nomination of San Diego Developer “Papa” Doug Manchester to be Ambassador to The Bahamaas.  As we have posted previously, the Nassau Guardian reported in late October that Mr. Manchester  “has stepped back from his bid to become the United States ambassador for The Bahamas.” The report said that when reached for comment, Manchester Financial Group wrote in a statement, “He has withdrawn due to the threats on his and his family’s lives including three infant children under four years old.”  The report also said: “It also noted that Manchester had received “severe” threats on his life.” (see WH Withdraws Doug Manchester’s Nomination to be U.S. Ambassador to The Bahamas).
The report does not include details on who made these threats against the nominee and if there is an ongoing investigation concerning these threats.
LAT article notes that the U.S. attorney’s office in San Diego issued a news release on Nov. 5 announcing that Daniel Hector Mackinnon had been sentenced to seven years in prison for politically motivated attacks against Manchester and a Raytheon building.  This was an April incident where a man reportedly attempted to set fire to Manchester’s La Jolla home.
On November 18, CBS New broke the news of a “possible pay-to-play scheme for ambassador role in Trump administration.”

A CBS News investigation has uncovered a possible pay-for-play scheme involving the Republican National Committee and President Trump’s nominee for ambassador to the Bahamas. Emails obtained by CBS News show the nominee, San Diego billionaire Doug Manchester, was asked by the RNC to donate half a million dollars as his confirmation in the Senate hung in the balance, chief investigative correspondent Jim Axelrod reports.
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The Senate confirmation process is exactly what Manchester quickly addressed. He wrote back to McDaniel’s request for $500,000, “As you know I am not supposed to do any, but my wife is sending a contribution for $100,000. Assuming I get voted out of the [Foreign Relations Committee] on Wednesday to the floor we need you to have the majority leader bring it to a majority vote … Once confirmed, I our [sic] family will respond!”

SFRC’s Risch reportedly “alerted the White House, which then asked Manchester to withdraw.”

SFRC Ranking Member Menendez Calls For OSC Hatch Act Review Into Pompeo’s Kansas Travel

 

 

On October 29, the Ranking Member of the Senate Foreign Relations Committee, Senator Bob Menendez (D-N.J.), sent a letter to the U.S. Office of Special Counsel (OSC), requesting a review to determine whether Secretary of State Mike Pompeo has violated the Hatch Act, a federal law passed in 1939, which limits certain political activities of federal employees. According to OSC, the law’s purposes are “to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”​​​​ ​​

I write to request an immediate review and assessment of the Secretary of State’s compliance with the Hatch Act, 5 U.S.C. §§ 7321-7326.
[..]
Since March 2019, the Secretary has taken three official trips to Kansas, apparently at the expense of the Department of State. During the latest trip, from October 24 to 25, 2019, the Secretary visited the Wichita State University Tech National Center for Aviation Training, participated in a workforce development roundtable, visited Textron Aviation Longitude and Latitude Production, and met with students from Wichita State University.  

In an interview, he refused to discuss matters related to Ukraine, insisting he was “here today to talk about workforce development. I came here today to talk about the great things that are going on here in Kansas.” The events in Kansas were aimed largely at promoting the President’s “Pledge to American Workers,” which has no discernible relation to the Department of State. According to The Wall Street Journal, he also “discussed the U.S. Senate race in Kansas” with Charles Koch, the head of Koch Industries, and former top contributor to his political campaigns, as well as backer of Pompeo’s prior business.  Textron Inc., the parent company of Textron Aviation, was also a major contributor to then-Congressman Pompeo’s political campaigns. 

For months, public reports have persisted that the Secretary was considering running for U.S. Senate in Kansas.  Many in Kansas perceive his appearances in the state to be a de facto campaign effort.  Indeed, an October 25, 2019 Kansas City Star editorial titled “Mike Pompeo, either quit and run for U.S. Senate in Kansas or focus on your day job,” seems to indicate his actions are already being construed as evidence of a possible candidacy by members of the press and the public in Kansas.  And following his trip, the Department of State’s official twitter handle posted a workforce and Kansas-centric video montage of the Secretary’s visit, which appears to have no nexus to the Department’s official work.    

Secretary Pompeo is not any federal employee. Rather, he is one of the most prominent members of the President’s cabinet. He appears frequently on TV and for interviews, and, as is true for many Secretaries of State, is known and recognized by the American public. Thus, it is even more crucial that he and the Department maintain a clear line between his actions as a federal employee and steward of the U.S. government, and any efforts that could be perceived as political in nature or laying the groundwork for potential campaign activity. I therefore ask that you review his travel and his interactions in Kansas closely, and determine whether any violations have occurred or additional guidance to the Department or the Secretary may be warranted.

The full letter is available to read here.

Pompeo Announces Departure of Andrea Thompson as Under Secretary for Arms Control and International Security

On December 13, the WH announced Trump’s intent to nominate retired U.S. Colonel Andrea L. Thompson to be the Under Secretary of State for Arms Control and International Security (State/T).  She was confirmed by the U.S. Senate by voice vote on April 26, 2018.  She succeeded Rose Eileen Gottemoeller who served from 2014–2016, and was subsequently appointed to NATO (see Rose @Gottemoeller Moves to @NATO as First Female Deputy Secretary General).  More about Thompson here.
On September 20, about 17 months into her tenure, Secretary Pompeo announced Thompson’s departure without detailing the reason she is leaving one of the top senior jobs in Foggy Bottom. So the T bureau is once more vacant, as well as the Bureau of Arms Control, Verification and Compliance which does not have a Senate-confirmed assistant secretary as of this writing (office is currently headed by Thomas DiNanno as Senior Bureau Official and Deputy Assistant Secretary of State for Defense Policy, Emerging Threats, and Outreach). The Bureau of International Security and Nonproliferation, and the Bureau of Political-Military Affairs both have Senate-confirmed assistant secretaries, presumably one of them would be up as Acting “T” until a a new nominee is identified and confirmed. How long that would take, that’s a guessing game we all can play while chaos marches on.

Related post:

SFRC Confirmation Hearing: Marshall Billingslea to be Under Secretary for Civilian Security, Democracy, and Human Rights (J)

 

On September 19, the Senate Foreign Relations Committee will have a confirmation hearing for  four Trump nominees including Marshall Billingslea to be the Under Secretary for Civilian Security, Democracy, and Human Rights (J) at the Department of State. This office oversees five bureaus and four offices.
Mr. Billingslea was originally nominated in 2018, and re-nominated in January 2019.

Via WH, August 21, 2018:

Marshall Billingslea of Virginia, to be Under Secretary for Civilian Security, Democracy, and Human Rights at the Department of State.

Mr. Billingslea currently serves as Assistant Secretary for Terrorist Financing of the Treasury Department. Previously, he worked for Deloitte as a Managing Director; the Department of Defense as Deputy Under Secretary of the Navy, Principal Deputy Assistant Secretary for Special Operations/Low Intensity Conflict, and Deputy Assistant Secretary for Negotiations Policy; the NATO Headquarters in Brussels, Belgium, as Assistant Secretary General for Defense Investment; and the United States Senate Committee on Foreign Relations as a senior staff member in national security affairs. Mr. Billingslea is the recipient of the Secretary of Defense Medal for Outstanding Public Service, the Cross of Merit of the Minister of Defence of the Czech Republic, and the Order of the Cross of Terra Mariana of Estonia. Mr. Billingslea earned his B.A. from Dartmouth College and M.A. from the Fletcher School of Law and Diplomacy at Tufts University.

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Senators Van Hollen and Sullivan Introduce the Foreign Service Families Act (S.1293)

 

U.S. Senators Chris Van Hollen (D-Md.) and Dan Sullivan (R-Alaska), cofounders of the bipartisan Foreign Service Caucus, have introduced the Foreign Service Families Act (S.1293), a bill to expand employment opportunities for spouses of Foreign Service officers.

Senator Van Hollen’s press statement notes that “This legislation will help ensure that the State Department is able to attract and retain a world-class diplomatic corps by providing expanded career options and services to eligible family members. For many of these family members, the process of finding employment isn’t easy — frequent moves, language barriers, and limited options pose significant challenges. This legislation will address that issue so our Foreign Service can continue to serve the best interests of Americans at home and abroad.”

According to Senator Van Hollen’s press statement, The Foreign Service Families Act would provide authority to the State Department to offer the same services to Foreign Service family members overseas that the Defense Department is permitted to provide to military families. This includes:

  • Expanded hiring authority and preference for qualified spouses
  • Ensuring that Foreign Services spouses receive notice of State Department vacancies and that those who apply receive consideration
  • Making space available in State Department facilities for outside entities to provide career services
  • Developing partnerships with the private sector to enhance employment opportunities for Foreign Service spouses, and
  • Incorporating hiring preferences for qualified Foreign Service spouses into contracts between the Department of State and private-sector entities.

Additionally the legislation:

  • Directs the State Department to expand telecommuting opportunities for Foreign Service family members, so that family members can continue to work federal civilian and private sector jobs while overseas
  • Ensures that family members in the Expanded Professional Associates Program, which offers career opportunities for family members with advanced education and professional experience, are not held to unfair hiring standards, and
  • Makes sure that the State Department has fully implemented the Foreign Service Family Reserve Corps, a program intended to speed hiring and improve clearance portability for Foreign Service family members.

The bill has been “read twice and referred to the Committee on Foreign Relations.” We’ve searched for the text but have not yet been able to locate it.  According to congress.gov, as of 05/10/2019 text has not been received for S.1293: “Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.”

Govtrack notes that the United States Congress considers about 5,000 bills and resolutions each year, but of those only about 7% will become law. All bills not enacted by the end of the session on Jan 3, 2021 die, and Congress will start over.

 

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@StateDept Gets Closer to Getting an Under Secretary for Management, Vacant Since January 2017

 

SFRC Clears 15 @StateDept Nominees

 

The Senate Foreign Relations Committee has not actually forgotten the nominees from the State Department. On April 3, the panel finally cleared a few nominations and advanced the following nominees for their full Senate  votes. As of this writing, the following nominees are still pending in the Senate’s Executive Calendar.

Career Nominations

PN122 Michael J. Fitzpatrick, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Ecuador.

PN133 W. Patrick Murphy, of Vermont, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Cambodia.

PN146 Matthew H. Tueller, of Utah, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.

 

Non-Career Nominations

PN104 Stephen Akard, of Indiana, to be Director of the Office of Foreign Missions, with the rank of Ambassador.

PN108 Lynda Blanchard, of Alabama, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia.

PN114 Joseph Cella, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu.

PN123 Kenneth S. George, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Oriental Republic of Uruguay.

PN126 Jeffrey Ross Gunter, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland.

PN129 Ronald Douglas Johnson, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of El Salvador.

PN143 Donald R. Tapia, of Arizona, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica.

PN116 R. Clarke Cooper, of Florida, to be an Assistant Secretary of State (Political-Military Affairs).

PN141 David Stilwell, of Hawaii, to be an Assistant Secretary of State (East Asian and Pacific Affairs).

PN260 Keith Krach, of California, to be an Under Secretary of State (Economic Growth, Energy, and the Environment).

PN105 John Barsa, of Florida, to be an Assistant Administrator of the United States Agency for International Development.

PN101 Richard C. Parker, of North Carolina, to be an Assistant Administrator of the United States Agency for International Development.

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Congress Demands Pompeo Turn Over Documents on Political Targeting of @StateDept Employees

 

On March 15, Representative Eliot L. Engel, Chairman of the House Committee on Foreign Affairs, and Senator Bob Menendez, Ranking Member of the Senate Committee on Foreign Relations “denounced the State Department’s attempts to obstruct investigations into reports of politically-motivated retaliation against career Department employees.”

In a letter to Secretary Pompeo, they demanded that “the Department comply with past Congressional requests for information on this matter, stretching back over the past year.”

“To date, despite three specific requests and multiple follow-up efforts by our offices, the Department has failed to respond to our requests for interviews or provide any responsive records. After nearly a year, it suggests the State Department is stonewalling a legitimate congressional request for information on matters that are squarely within our Committees’ oversight jurisdiction. We are therefore restating our demand for a response to our prior queries on this matter and are prepared to use appropriate tools at our disposal to prompt a substantive response.”

The congressional demand requires that the Department submit all documents requested by March 21 and facilitate Committee interviews with Department officials implicated in this matter by April 30.

Among the items requested:

(1) all documents and communications referring or relating to any reassignment or proposed reassignment that was considered or ordered since January 20, 2017, of career or civil service employees at the Department;

(2) all documents and communications referring or relating to any proposed or actual reassignment or removal of career or civil service employees at the Department since January 20, 2017, based on alleged personal political beliefs, prior service with previous Administrations, or work on prior Administrations’ foreign policy priorities, including any documents authored by, copying, involving, or referring to:

(a) Christine Ciccone;

(b) Makan Delrahim;

(c) Sean Doocey;

(d) Julia Haller;

(e) Brian Hook;

(f) Edward Lacey;

(g) Matthew Mowers; or

(h) Margaret Peterlin; and

(3) all documents and communications referring or relating to proposed or actual personnel actions since January 20, 2017, against Sahar Nowrouzzadeh, including the curtailment of her detail to the Policy Planning staff.

The congressional request also notes:

“To the extent that the Department may have been relying on a legal theory that our requests somehow lapsed at the end of the 115th Congress, we write today to dispense with that argument and hereby formally restate our prior requests.”

The congressional request asks for transcribed interviews with the following individuals.

A schedule of availability for the Committees to conduct transcribed interviews with each of the following individuals, with the first interview to be conducted no later than April 1, 2019, and with all interviews to be conducted no later than April 30, 2019:

(a) Christine Ciccone;

(b) Makan Delrahim;

(c) Sean Doocey;

(d) Julia Haller;

(e) Brian Hook;

(f) Edward Lacey;

(g) Matthew Mowers;

(h) Margaret Peterlin;

(i) Andrew Veprek;

(j) John Zadrozny; and

(k) Kevin Moley

This request has been overgrown with grass;  some of those they want to interview are no longer in Foggy Bottom. It looks like Congress sent their first request on March 15, 2018, two days after Tillerson was fired in a tweet. The full statement from Rep. Engel and Senator Menendez is available here. The letter to Secretary Pompeo is here.

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