@StateDept Updates Regulations to Include New Compensation For Certain Injuries #MysteryIllness #TheThing

 

On May 28, 2020, the State Department updated the Foreign Affairs Manual to include Compensation for Certain Injuries for State, USAID, USAGM, Commerce, Foreign Service Corps-USDA Foreign Service and Civil Service Employees who becomes injured “by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.”

3 FAM 3660 COMPENSATION FOR CERTAIN INJURIES
(CT:PER-994;   05-28-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Pursuant to Public Law 116-94, Division J, Title IX, section 901, Congress allows the Secretary of State to pay benefits to certain Department of State personnel under chief of mission authority who incurred a qualifying injury and are receiving benefits under section 8105 or 8106 of Title 5, United States Code.  It further authorizes the Secretary of State to pay for the costs of diagnosing and treating a qualifying injury of a covered employee, as defined in 3 FAM 3662, that are not otherwise covered by chapter 81 of Title 5, United States Code (the Federal Employees Compensation Act (FECA)) or other provision of Federal law; and to pay the costs of diagnosing and treating a qualifying injury of a covered individual or covered dependent, as defined in 3 FAM 3662, that are not otherwise covered by Federal law.

b. The Bureau of Global Talent Management (GTM) administers this program.

c.  Under this program, covered employees, as defined in 3 FAM 3662, may qualify for a monthly monetary benefit if they are receiving benefits under section 8105 or 8106 of Title 5, United States Code.

d. Under this program, a covered employee, covered individual, or covered dependent, as defined below, may qualify for reimbursement for the costs of diagnosing and treating a qualifying injury which are not otherwise covered.

e. Payments made under this provision are not considered workers’ compensation payments.

[…]

Covered employee:  An employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.

(1)  For purposes of 3 FAM 3663, the following career-type employees are considered “employees of the Department of State” to whom this benefit may apply:  Department of State Foreign Service Officers, Department of State Foreign Service Specialists, and career Department of State Civil Service employees working overseas on detail or a Limited Non-Career Appointment (LNA).

Note that per FAM: The following are NOT considered “employees of the Department of State” for purposes of 3 FAM 3663:  retired employees and employees of other agencies; employees on limited appointments including LNAs (except as discussed above), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions. Employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC) are also not employees under this section.     

 (2)  For purposes of 3 FAM 3664, the following employees are considered “employees of the Department of State” to whom this benefit may apply: Department of State Foreign Service Officers; Department of State Foreign Service Specialists; Department of State Civil Service employees; employees on Limited Non-Career Appointments (LNA), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions.

Note that the following are not considered “employees of the Department of State” for purposes of 3 FAM 3664:  employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC); retired employees, and employees of other agencies.

Covered individual:  An individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is

(1)  detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; or

(2)  affiliated with the Department of State, as determined by the Secretary of State.

(3)  Per Memorandum signed 24 April 2020, the Under Secretary for Management has determined that other agency employees under chief of mission authority are “affiliated with the Department of State.”

Covered dependent:  A family member of a Federal employee who, on or after January 1, 2016,

(1)  accompanies the 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 under 3 FAM 3666; and

(2)  becomes injured by reason of a qualifying injury.

Family member:  An individual who is an “Eligible Family Member” as defined in 14 FAM 511.3.

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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.

 

 

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

 

 

You may access the report here or read it below:

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

Mystery Illness: @StateDept Raising Doubt About 14 China Cases #TheThing

 

We’ve blogged previously about the mystery illness that was reported to have afflicted USG employees in China (U.S. Consulate General Guangzhou – What’s Going On?Is @StateDept Working to Minimize the Health Attacks in China? #Cuba #MissingARBs; Yo! The Thing. Still Going on in China?)

Last night, CBS/60Minutes did a segment on the health attacks in China. Back in July  2018, WaPo wrote about Mark Lenzi whose access to the building at post was reportedly restricted after he “began to speak up more forcefully about the treatment of his family.” Recap below: USCG Guangzhou Security Engineering Officer Mark Lenzi Disputes State Department Statement on Mystery Illness

On June 6, WaPo wrote about Mark Lenzi and his family who  started noticing noises in April 2017 at the U.S. Consulate General in Guangzhou, China. “A few months later, the headaches started — pain that lasted for days at a time. Lenzi and his wife experienced the same symptoms, which soon included chronic sleeplessness as well. Lenzi says he asked his superiors for help but they dismissed his concerns. Consulate doctors prescribed painkillers and Ambien, which did nothing to address the underlying causes of the problem. And then, last month, Lenzi was shocked to learn another neighbor, a fellow Foreign Service officer, had been evacuated from their building and flown back to the United States for a thorough medical assessment, which soon determined that the person in question was suffering from “mild traumatic brain injury.”  

They gave him painkillers and Ambien but medevaced the FSO next door?

The State Department reportedly issued a statement but said it is unaware of any other cases — a point “strongly disputed by Lenzi, who insists he had repeatedly informed both the embassy in Beijing and State Department headquarters in Washington of his family’s predicament.”  Lenzi, who has reportedly called for the resignation of the US Ambassador to Beijing  told WaPo that the State Department “restricted his access to the building where he normally worked after he began to speak up more forcefully about the treatment of his family, essentially neutralizing his capacity to continue his work at the consulate”.

We understand that Mark Lenzi is a specialist who was assigned as a Security Engineering Officer (SEO) in Guangzhou until he and his family were evacuated from post. Given the reported restriction to post access for speaking out about this incident, this is a case that bears watching.

#

60Minutes notes that “for reasons that are unclear, the State Department is raising doubt about the other 14 China cases. Click here for the transcript of the State Department segment.

In addition to Mark Lenzi, also on camera were U.S. Commerce Department trade officer Catherine Werner,  trade officer Robyn Garfield and wife Britta who were posted in Shanghai, and former NSA employee Mark Lenzi who believed that the weapon used is a radio frequency energy, in the microwave range.

A clue that supports that theory was revealed by the National Security Agency in 2014. This NSA statement describes such a weapon as a “high-powered microwave system weapon that may have the ability to weaken, intimidate, or kill an enemy over time without leaving evidence.” The statement goes on to say “…this weapon is designed to bathe a target’s living quarters in microwaves.” The NSA disclosed this in a worker’s compensation case filed by former NSA employee Mike Beck.

Also:  “The State Department declined an interview, but in a statement to 60 Minutes it said, “We will continue to provide our colleagues the care they need, regardless of their diagnosis or the location of their medical evacuation.” A State Department official told us that the Cuba patients are victims of an attack. But State hasn’t made the same determination for the China patients. The department has asked the National Academies of Science to assist in the medical investigation.”

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Venezuela Special Envoy Elliot Abrams Gets a Protest, and a Grilling in Congress

Posted: 2:45 am EST

 

After thirty or so years, Elliot Abrams is back at the State Department. This time as the Trump Administration’s Special Envoy for Venezuela (see @SecPompeo Appoints Elliott Abrams, Iran-Contra Figure to “Help” Restore Democracy in Venezuela).

On February 13, together with Sandra Oudkirk, the Deputy Assistant Secretary for the Bureau of Energy Resources at the State Department and USAID’s Steve Olive, the Acting Assistant Administrator for the Bureau for Latin America and the Caribbean, Mr. Abrams appeared before the House Foreign Affairs Committee (HFAC) to talk about Venezuela at a Crossroads.

Note that the State Department’s WHA’s Deputy Assistant Secretary in charge of Venezuela did not testify at this hearing.

Protesters interrupted Mr. Abrams testimony, and the grilling he received from Rep. Ilhan Omar (D-Minn) received much commentary. For those too young to remember the old times, see Brown University’s Understanding the Iran-Contra Affairs,  a project developed from its applied ethics and public policy course on Good Government.

It is likely that this is not an isolated incident; that every time Mr. Abrams appear before a committee in Congress, or before the media that his past will never be too far away; he may have been pardoned but he has not been forgotten. Even when he is there to talk about Venezuela, people will ask him questions about Iran-Contra, El Salvador, Honduras, Nicaragua, human rights, El Mozoteetc. etc. etc.

Which makes one wonder why he was appointed to this job in the first place. Whatever message there is will pale in the presence of the messenger.

On February 14, Cuba accused the U.S. of moving special forces in preparation for a Venezuelan intervention under the pretext of a humanitarian crisis. Reuters reported that that Special Envoy Elliott Abrams was asked about the Cuban statement at an event in Washington, and he said “it is a new lie.”

A side note, with the Senate’s confirmation of William Barr as the next attorney general of the United States — it’s like we’re back to the 80’s.  On December 25, 1992, this was the NYT headline: Bush Pardons 6 in Iran Affair, Aborting a Weinberger Trial; Prosecutor Assails ‘Cover-Up’:

[…]

Besides Mr. Weinberger, the President pardoned Robert C. McFarlane, the former national security adviser, and Elliott Abrams, the former assistant Secretary of State for Central America. Both officials had pleaded guilty to misdemeanor charges of withholding information from Congress about support for the contras.
[…]
But not since President Gerald R. Ford granted clemency to former President Richard M. Nixon for possible crimes in Watergate has a Presidential pardon so pointedly raised the issue of whether the President was trying to shield officials for political purposes. Mr. Walsh invoked Watergate tonight in an interview on the ABC News program “Nightline,” likening today’s pardons to President Richard M. Nixon’s dismissal of the Watergate special prosecutor, Archibald Cox, in 1973. Mr. Walsh said Mr. Bush had “succeeded in a sort of Saturday Night Massacre.”

Democratic lawmakers assailed the decision. Senator George J. Mitchell of Maine, the Democratic leader, called the action a mistake. “It is not as the President stated today a matter of criminalizing policy differences,” he said. “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy.”

The main supporters of the pardon were Vice President Quayle, the Senate Republican leader, Bob Dole, and Mr. Gray, one senior Administration official said today. The decision, discussed in private, seemed to coalesce in the last three weeks although Mr. Bush was said to believe that Mr. Weinberger had been unfairly charged ever since the former Reagan Cabinet officer was first indicted in June.

Throughout the deliberations, Mr. Bush consulted with Attorney General William P. Barr and Brent Scowcroft, the national security adviser, who had sat on a Presidential review panel that examined the affair in early 1987.

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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.”

Is @StateDept Working to Minimize the Health Attacks in China? #Cuba #MissingARBs

Via  NBC News:

NBC News also reviewed hundreds of pages of medical records of U.S. government workers evacuated from both Cuba and China, including those the U.S. has “medically confirmed” were attacked and those it ultimately said were not.
[…]

Most of the American diplomatic evacuees have improved enough to resume work, State Department officials said. Some have been granted accommodations, such as shortened work hours, dimmed office lights or special glasses. Meanwhile, the White House National Security Council is preparing legislation to deal with gaps that Workers’ Compensation doesn’t currently cover, such as care for affected spouses or pay-outs for permanent impairment of the brain.

In internal State Department instructions reviewed by NBC News, workers in Cuba and China were told not to discuss what they knew with the public, with reporters or on social media.
[…]

In May, Pompeo called Werner’s case “entirely consistent” with the Cuba patients. But now top U.S. diplomats say they’re not sure it’s the same thing, with one telling the House Foreign Affairs Committee it’s “apples and oranges.”

And the State Department, in explaining why it’s not setting up a review board to assess the response in Cuba, told NBC News that Pompeo didn’t believe there was enough information to prove that Werner’s injury was “related to a U.S. government mission abroad.”

Somebody please set us straight here. Wasn’t there an ARB for the Cuba attack? Or was there an ARB Havana but no ARB Guangzhou? How did State made a determination that there wasn’t enough information  the injury was “related to a U.S. government mission abroad” without convening an Accountability Review Board? Did they use their Magic 8 crystal ball?

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