Snapshot: @StateDept “Level 4: Do Not Travel” Countries as of 4/5/21

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Snapshot: Qualifying Injury Under 3 FAM 3660 – Compensation For Certain Injuries

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A section in the Foreign Affairs Manual was added on May 28, 2020 (see 3 FAM 3660 Compensation for Certain Injuries). It is based on Public Law 116-94, Division J, Title IX, section 901, where:
“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.”
3 FAM 3660 also includes definitions on who are covered employees, or covered individuals, what’s a “qualifying injury”, and the description of recognized and eligible qualifying injuries as of June 26, 2018.

3 FAM 3662  DEFINITIONS
(CT:PER-994;   05-28-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Qualifying injury:  The term “qualifying injury” means the following:

(1)  With respect to a covered dependent, an injury listed in (3) below incurred

(a)  during a period in which a 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 under 3 FAM 3666;

(b)  in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and

(c)  that was not the result of the willful misconduct of the covered dependent.

(2)  With respect to a covered employee or a covered individual, an injury listed in (3) below incurred

(a)  during a period of assignment 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;

(b)  in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and

(c)  that was not the result of the willful misconduct of the covered employee or covered individual.

(3)  Recognized and eligible qualifying injuries, as of 26 June 2018, based on the University of Pennsylvania-identified criteria, include the following:

        • sharp localized ear pain;
        • dull unilateral headache;
        • tinnitus in one ear;
        • vertigo,
        • visual focusing issues;
        • disorientation;
        • nausea;
        • extreme fatigue;
        • cognitive problems, including difficulty with concentration, working memory, and attention;
        • recurrent headache;
        • high-frequency unilateral hearing loss;
        • sleep disturbance;
        • and imbalance walking.

3 FAM 3666  SECRETARY OF STATE COUNTRY DESIGNATION
(CT:PER-994;   05-28-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Under Public Law 116-94, Division J, Title IX, section 901, the Secretary of State may 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.

b. The Secretary of State may not designate an added foreign country or duty station for the purposes of providing additional monetary benefit pursuant to 3 FAM 3663 or 3 FAM 3664 for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State

(1)  provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 30 days’ notice of the designation of a particular additional country or duty station and the rationale for such an addition; and

(2)  provides no such additional monetary benefit pursuant to 3 FAM 3663 or 3 FAM 3664  to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days.


 

 

Snapshot: StateDepartment’s Managing for Results (MfR) Framework

 

Via state.gov:
The Department’s Managing for Results (MfR) Framework creates feedback loops among planning, budgeting, managing, and learning processes to inform and support programmatic, budget, and policy decisions. To integrate the MfR more fully within bureaus and missions, State created a website to provide information, tools, and templates pertaining to work in all four quadrants of the cycle: planning, budgeting, managing, and learning. The “managing” and “learning” portions of the MfR Framework are supported with the Department’s Program and Project Design, Monitoring, and Evaluation Policy, which requires that all major programs and projects have documented goals, objectives, logic models, and plans for monitoring and evaluating performance.

In 2018, all bureaus at State were required to delineate their major programs or projects, and begin formally documenting the design of each one via a logic model (or equivalent) so that subsequent monitoring and evaluation efforts are all tied back to the outputs and outcomes specified in the design. These efforts will improve the completeness and utility of monitoring data, and help ensure the Department is tracking the right metrics to assess progress toward its program- and strategic-level goals, as well as better account for results. The Policy also requires senior Department bureau leaders and chiefs of mission to institute regular reviews to assess progress against strategic objectives, and ensure alignment of policy, planning, resources, and program decision making.

Snapshot: 90-Day Rule For Former Presidential Appointees in the Foreign Service

 

3 FAM 6215  MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES

(CT:PER-594;   03-06-2007)
(State only)
(Applies to Foreign Service Employees)

a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. For purposes of this section, a reassignment includes the following:
(1) An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);
(2) Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;
(3) A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;
(4) A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or
(5) A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.
b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.
c. The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.
d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.

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Foreign Service Child Abuse and Domestic Violence Statistics (2005-2013)

 

We have never seen the State Department’s data on child and domestic abuse in the Foreign Service. While looking into another matter, we came across a publicly available document titled Department of State Family Advocacy Program: Clinical and Administrative Considerations” by Stanley Piotroski, PhD. The 20-page slide appears to be from 2014 and includes 1) An Overview of the family advocacy program ; 2) Key processes of the FAC/FAT* process; 3) Provider and employee concerns about FAC;  4) Clinical considerations and 5) Application of considerations to case vignettes. It also includes the 2005-2013 Family Advocacy Committee (FAC) statistics from MED on child abuse and domestic violence in Foreign Service posts. 
The three vignettes includes 1) Child seemed to have trouble sitting back in his chair. When teacher inquired, he said, “my daddy hit me on the back.” Teacher looked at their was bruising on his back. Child reported it to administration who contacted the health unit at post; 2) While in a routine health appointment, the wife of a FSO reported that her husband had struck her on the face during an argument. She stated that he frequently takes her keys away from her, will not allow her to have any money and at times will not allow her access to her phone. Wife received her US citizenship two years ago, but was raised in Beijing until she met her husband; 3) 16 year old daughter of DOS FSO told school counselor that her father has struck her mother and has been verbally been abusive to her. She said she wanted to run away from her home due to the stress in the household. She states she witnessed her father knock her mother down and slap her.
The document explains that the State Department’s Family Advocacy Program’s purpose is “To prevent and respond effectively to suspected child abuse/neglect and domestic violence involving DOS and others under Chief of Mission (COM) authority at post. Pages 4-5 includes the statistics on child abuse and domestic violence in 2012 and 2013. The stats are not broken down by agency. Page 13 notes that “Referrals need to be made on personnel from other agencies and that the “highest number of other agency cases are from DOD.”
We would like to see the State Department voluntarily release an assessment of its Family Advocacy Program.  Has  the program prevented, and responded effectively to cases of abuse and fulfilled its purpose? We are interested in the data from 2014-present. We would like to see State publicly release the annual data on child abuse, domestic violence and sexual assaults in the Foreign Service. Abuse is difficult to deal with anywhere, but it is exceptionally difficult for diplomatic employees and families overseas where every part of their lives are dictated by government regulations, and where there is often few places to run.
Note: * FAC-Family Advocacy Committee;  FAT-Family Advocacy Team.
The document references 3 FAM 1810 Family Advocacy Program (Child Abuse, Child Neglect, and Domestic Violence) of the Foreign Affairs Manual. This part of the regs has most recently been updated on August 17,-2018.

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Related posts:

 

 

Snapshot: @StateDept’s Redesign Timeline and USAID’s Suspended Cooperation

 

 

 

State and USAID submitted a joint reform plan to OMB in September 2017. According to USAID documents, USAID suspended its coordination with State in January 2018 because State could not articulate the objectives for the joint reform effort. GAO has ongoing work reviewing the status of USAID’s reform efforts.

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Snapshot: Appropriations Funding Gaps, FY1977-FY2014

Posted: 10:15 pm PST

Via CRS:

The federal government shutdown is now on its third week, and at the 18th day, it is now the second longest since 1977. In three days, it will be as long as the Gingrich Shutdown in 1995 which lasted for 21 days. If the government is not reopened by this Friday, the Trump Shutdown will become the longest shutdown in over 40 years.  Quick call Senate Majority Leader Mitch McConnell (touting his clout in DC) or tweet to @senatemajldr felicitations and congratulations for his exceptional non-adherence to the Framers’ system of checks and balances at this bonkers moment in history.