Feds Buy 'Cossack' Armored Border Guard Truck … For Ukraine

    In April, the Obama administration announced plans for financial aid, advisers, and 'non-lethal' security assistance for Ukraine in its struggle against Russian encroachment on its territory. Eight months later, citing the "urgent and compelling need to establish security and stability," the White
House National Security Council staff approved the purchase of an armored “Cossack” truck, a rapid-reaction military vehicle, for use by the border guard service of Ukraine.

    The $189,000 vehicle was purchased from the Practika PJSC company, in Ukraine, and is being handled by the state department's procurement office in Germany.
    Despite the lapse of eight months since the assistance was announced by President Obama, the Justification and Approval document cited "unusual and compelling urgency" as the reason that full and open competition was precluded for the contract. When asked about the timing of the vehicle purchase, a state department official replied, "The United States has committed over $118 million to Ukrainian forces since the start of the crisis, including over $47 million in equipment to border guards.  The urgent and compelling requirements are derived from Ukraine’s ongoing operations to protect its sovereignty and territorial integrity." The official also said that the vehicle is scheduled to be delivered to Ukraine’s State Border Guard Service on January 19th: "The “Cossack” armored truck, designed and manufactured by the Ukrainian company 'Practika,' is one of a variety of armored vehicles that we are providing to Ukraine’s State Border Guard Service to help it better monitor and secure its borders and operate more safely and effectively."
    A June 4, 2014, "fact sheet" issued by the White House said that as of that date, "President Obama has approved more than $23 million in additional defensive security assistance since early March," and went on to detail the assistance already provided to the Ukrainian border service:

Embassy Kyiv has purchased and delivered 20-person shelters, sleeping bags, fuel filter adapters, barbed wire, patrol flashlights, perimeter alarm systems, fuel pumps, concertina wire, vehicle batteries, spare tires, binoculars, excavators, trucks, generators, food storage freezers, field stoves, and communications gear to the Ukrainian State Border Guard Service, for use in monitoring and securing their borders.

    THE WEEKLY STANDARD reported in August that the state department spent $435,000 on security fencing for the Ukrainian border.

Note: A version of this post first appeared at The Weekly Standard.

State Dept. Spends $435K on Security Fencing for Ukraine-Crimean Border

    As part of the U.S. Crisis Support Package for Ukraine announced by the White House in April, the State Department awarded a $435,000 contract to B.K. Engineering System in Kyiv for razor wire to help"defend the newly imposed borders between Ukraine's mainland and the Crimean peninsula." The contract was awarded on June 12, but was just posted online this week.

     An $8 million "non-lethal assistance" package was announced at the same time as a larger $50 million aid package for Ukraine to "help Ukraine pursue political and economic reform and strengthen the partnership between the United States and Ukraine." The razor wire (Concertina) is included under "[e]ngineering equipment, communications equipment, vehicles, and non-lethal individual tactical gear for Ukraine’s Border Guard Service" that was spelled out in the April Fact Sheet. The contract notice posted online says:

[T]his order is for the delivery of 2,500 spools of Concertina wire for the State Border Guard Service of Ukraine referenced in the Office of the Vice President's Fact Sheet entitled "U.S. Crisis Support Package for Ukraine" dated 22 April 2014. This Fact Sheet includes Security Assistance in which the Office of the Vice President announced the provision of urgently needed non-lethal assistance to the State Border Guard Service of Ukraine to fulfill its core security mission.

    More recently, according to a report in the Daily Beast, the eastern Russian-Ukrainian border has been under greater threat than the Crimean border. President Obama spoke to Ukrainian president Poroshenko on Monday to discuss recent events and reiterate that "any Russian intervention in Ukraine without the formal, express consent and authorization of the Ukraine government would be unacceptable and a violation of international law." President Obama last spoke with Russian president Vladimir Putin on August 1 where he "reiterated his deep concerns about Russia’s increased support for the separatists in Ukraine" and "about Russia’s compliance with its obligations under the INF Treaty."

Note: A version of this post first appeared at The Weekly Standard.

Obamacare Marketplace: Personal Data Can Be Used For "Law Enforcement and Audit Activities"

    Maryland's Health Connection, the state's Obamacare marketplace, has been plagued by delays in the  first days of open enrollment.  If users are able to endure long page-loading delays, they are presented with the website's privacy policy, a ubiquitous fine-print feature on websites that often go unread.  Nevertheless, users are asked to check off a box that they agree to the terms.
    The policy contains many standard statements about information automatically collected regarding internet browsers and IP addresses, temporary "cookies" used by the site, and website accessibility.  However, at least two conditions may give some users pause before proceeding.
    The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end.  The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace.  There is, however, an exception: "[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities."  Here is the entire paragraph from the policy the includes the exception [emphasis added]:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law.  We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others.  Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection. The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities. 

     The site does not specify if "appropriate authorities" refers only to state authorities or if it could include the federal government, as well.  Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination.  An email to the Maryland Health Connection's media contact seeking clarification has not yet been answered
    The second privacy term that may prompt caution by users relates to email communications.  The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

    Since emails to the marketplace could conceivable involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the "public record" could prevent users from being as free with their information than they might otherwise be.  However, as noted, any requests for such emails would still be subject to Maryland's Public Information Act which contains certain exceptions to the disclosure rules.


Note: A version of this post first appeared at The Weekly Standard.