@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.

Continue reading

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.”

Related posts:

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.”