NY LAW SCHOOL CLINICS HELP 9/11 VICTIMS FILE CLAIMS

FROM:  U.S. DEPARTMENT OF JUSTICE
New York-Area Law School Clinics Assist Individuals Filing Claims under the 9/11 Victim Compensation Fund
April 18th, 2012 Posted by Tracy Russo
 The following post appears courtesy of the Access to Justice Initiative .
Approximately ten years after the terrorist attacks of September 11th, Congress passed the James Zadroga 9/11 Health & Compensation Act.  The Act reactivated the September 11th Victim Compensation Fund(VCF), which operated from 2001-2003, and expanded the pool of claimants to include first responders, members of cleanup crews, and other individuals who suffered latent physical injuries due to their exposure to Ground Zero.  Sheila Birnbaum, a lifelong New Yorker with decades of experience resolving complicated litigation, was appointed Special Master of the Fund.

To ensure that the claim-filing process was accessible, transparent, and easy to navigate, the VCF established a streamlined online filing system and encouraged claimants to register and submit their claims electronically.  The site was made available in English, Spanish, Polish, and Mandarin Chinese.

But the administrators of the VCF and the Department’s Access to Justice Initiative (ATJ) knew some potential claimants might not have easy access to computers or might be uncomfortable with technology.  Those claimants, as well as people who were not proficient in English, could benefit from direct assistance, so the VCF and ATJ reached out to the New York public interest legal community.  Building on the success of the work of Lynn Kelly of the City Bar Justice Center establishing clinics for VCF claimants staffed by volunteer attorneys, David Udell of the National Center for Access to Justice at Cardozo Law School (NCAJ), suggested that law students might also be able provide similar assistance.

Working with the area law schools’ public interest coordinators, the VCF administrators, ATJ, the City Bar Justice Center, and the NCAJ, Columbia Law School and Cardozo Law School agreed to host two pilot student clinics.  VCF conducted a training at Columbia Law School for all interested student participants with the participation of DLA Piper volunteer attorneys who also attended the clinics to help supervise.

Columbia University Law School successfully hosted the first pilot clinic on March 13 and 15, 2012 in which 12 to 15 students assisted roughly 15 claimants each day.  Cardozo Law School hosted the second clinic from April 9 to 11.  Each day approximately 25 law students from Cardozo, Hofstra, Touro, and the University of Pennsylvania assisted 15 to 20 claimants in all stages of the filing process.  At both schools students worked in pairs, often with interpreters or interpreting themselves, and spent one to two hours interviewing individuals, helping them fill out the electronic forms, and uploading documents into the online system.

The result of this true community effort has been a success for everyone involved.  For some students the clinics were their first pro bono experience.  They gained valuable skills in client communication, and many found it immensely rewarding to offer tangible help to people suffering from grave illness, injury, and loss.  Frances Gottfried, Director of the New York Office of the VCF, said she was “impressed with the students’ dedication, flexibility, and enthusiasm,” and claimants at both clinics expressed their gratitude for the students’ assistance.

The City Bar Justice Center is continuing to assist those whose health or loved ones were harmed as a result of 9/11, and will host a pro bono clinic staffed by attorneys on May 7, 2012.  

DELTA AGREES TO COMPLY WITH OSHA ON WORKER SEAT BELT COMPLIANCE MEASURES

FROM:  U.S. DEPARTMENT OF LABOR
Delta Air Lines signs agreement with US Department of Labor’s OSHA on seat belt compliance measures to protect airline industry workers

OSHA also issues hazard alert to other airlines urging compliance
WASHINGTON — Delta Air Lines Inc. has signed a corporatewide settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration in order to protect workers who operate baggage handling vehicles.

The agreement covers approximately 90 of the Atlanta-based company's airport sites that fall under federal OSHA's jurisdiction, as well as 16,000 Delta employees and 6,000 baggage handling vehicles. Under the agreement, Delta will come into compliance with applicable requirements for the use of seat belts by ensuring that all types of the company's baggage handling vehicles are equipped with them and that employees use the seat belts while operating the vehicles on specified airport routes.

"OSHA's corporatewide settlement agreements are highly effective tools for ensuring that companies address hazards that can injure or kill their workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This kind of widespread change within corporations can go a long way toward keeping workers across the country safe and healthy at the end of every workday."

The agreement is the result of a citation issued to Delta following a workplace fatality in which an employee operating a baggage tug vehicle without wearing a seat belt was ejected from the vehicle and died. OSHA cited Delta for violating 29 Code of Federal Regulations 1910.132, which requires employers to provide employees with personal protective equipment, including — in this case — seat belts.

According to the agreement, Delta has committed to an abatement schedule that will result in full compliance within two years. During the first year, Delta will train its employees on the proper use of seat belts and install seat belts on those pieces of equipment that currently lack them. During the second year of the agreement, the company will fully enforce seat belt use among its employees, as well as hire safety consultants to monitor the company's implementation of its seat belt use program and report the results to OSHA.

In addition to entering into the agreement with Delta, OSHA will address this hazard throughout the airline industry. The agency recently sent a hazard alert letter to airlines across the nation reminding them that they are obligated to comply with applicable seat belt use requirements.

INSIDE TRADING CASE INVOLVING A HEDGE FUND MANAGER

FROM:  SEC 
April 10, 2012
SEC v. Spyridon Adondakis et al., Civil Action 12-CV-0409 (SDNY)(HB)
SEC Obtains Final Judgments on Consent against Diamondback Capital Management LLC
The SEC announced that the Honorable Harold Baer, Jr., United States District Judge, United States District Court for the Southern District of New York, entered a Final Judgment on Consent as to Diamondback Capital Management LLC (“Diamondback”) on April 6, 2012, in the SEC’s insider trading case, SEC v. Spyridon Adondakis et al., Civil Action 12-CV-0409 (SDNY) (HB).

The SEC filed its complaint on January 18, 2012, charging two multi-billion dollar hedge fund advisory firms – including Diamondback – as well as seven fund managers and analysts involved in a $78 million insider trading scheme based on nonpublic information about Dell’s quarterly earnings and other similar inside information about Nvidia Corporation.

The SEC’s complaint alleged that in 2008 and 2009, Jesse Tortora, an analyst at Diamondback, obtained inside information about quarterly earnings reports of both Dell and Nvidia and passed that information to Todd Newman, a Diamondback portfolio manager, who used the information to execute trades on behalf of hedge funds managed by Diamondback. These illegal trades in Dell and Nvidia securities resulted in millions of dollars in illicit gains for Diamondback.

The Final Judgment against Diamondback: (1) permanently enjoins the firm from violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), and Exchange Act Rule 10b-5; and (2) orders it to pay disgorgement of $5,173,000 plus pre-judgment interest of $832,751.35, for a total of $6,005,751.35, provided that the amount Diamondback owes would be credited, dollar for dollar, by amounts paid pursuant to a non-prosecution agreement between Diamondback and the U.S. Attorney’s Office for the Southern District of New York; and (c) orders it to pay a civil penalty in the amount of $3,000,000.

DEPARTMENT OF DEFENSE COMBATS HYPOTHERMIA

FROM:  DEPARTMENT OF DEFENSE ARMED WITH SCIENCE WEBSITE
Written on APRIL 13, 2012 AT 7:51 AM by JTOZER
Cool Under Pressure – Using Science to Stave Off Hypothermia
By Bob Reinert for USAG-Natick Public Affairs
Seventeen years after four soldiers died from hypothermia during the final phase of Ranger School, researchers at the U.S. Army Research Institute of Environmental Medicine at Natick Soldier Systems Center continue to study how the human body cools down, in hopes of one day developing medical techniques to help prevent such tragedies.

“You can’t design possible countermeasures — pharmacological treatments, perhaps — until you know mechanisms,” said Capt. David DeGroot, Ph.D., a research physiologist in USARIEM’s Thermal and Mountain Medicine Division, who is leading the study.
“You’ve got to understand the basic mechanism before you (say), ‘Okay, now how do I target it?’

“This is going to allow us to get further insight with the actual mechanisms so that we can follow it up with, Okay, what could we possibly do in terms of an intervention to mitigate that rate of core temperature drop?”

Dr. John Castellani, serving as an Army captain with USARIEM at the time, was a member of the team that conducted the institute’s initial study at Camp Rudder on Eglin Air Force Base, Fla., soon after the February 1995 deaths. He still works at the institute as a research physiologist.

Castellani said that the original study led to adjustments to the tables Rangers use to determine what amount of exposure to cold is safe.

“The swamp portion of training takes place at the very tail end of Ranger School, so soldiers have lost a lot of muscle, fat,” Castellani said. “They’re also, during that time frame, purposefully not being fed, so they may have very little food on board, and they’re also sleep deprived a lot as part of that part of the training.”

“So we studied Ranger students who were finishing up Ranger School. We tested them immediately as they came out of the swamp.”

Castellani followed these studies with the Rangers by trying to understand how physically fatigued soldiers are more susceptible to hypothermia.

“What John found was if you exposed people to cold air after they exercised, they cooled off faster than people who were warmed up passively,” DeGroot said. “So there was something about that prior exercise that led to a faster rate of decline in core temperature, higher skin temperature, higher rate of heat transfer through the skin.

“The follow-up question was always, ‘why? What’s controlling that skin temperature? What’s the mechanism responsible for this abnormal response?’”

DeGroot and his team are studying that mechanism with the help of eight soldiers from theHuman Research Volunteer Program at NSSC, who are fitted with microdialysis fibers, muscle temperature probes and skin temperature sensors. They are then put into the 102-degree waters of an immersion tank, followed by a trip to an environmental chamber, where the air temperature is a relatively cool 66 degrees.

“Now that doesn’t sound very cold, (but) all he’s wearing is a pair of shorts and a pair of socks, and he’s at rest,” said DeGroot of one volunteer. “A normal response in the cold is that the blood vessels in the skin are going to constrict, and that’s to limit the rate of heat loss from the core out to the environment. What varies is how we warm them up prior to the cold exposure — exercise versus passive.”

The use of microdialysis fibers, implanted under the skin to gather samples, was in its “infancy” when Castellani did his study, DeGroot said. Things have changed since then.
“(We are) using some different techniques that, frankly, we didn’t have a dozen years ago,” DeGroot said. “We didn’t have the technical capability to do this study.

“This is unique. Off the top of my head, I can think of (only) six other labs in the world that use microdialysis to study the control of skin blood flow.”

With a better understanding of the human body’s response to cold, USARIEM researchers likely will be in a better position to help future soldiers ward off hypothermia.
“Everything in science is incremental,” said DeGroot, “just building off of others.”

"WE'RE AT A PIVOTAL POINT" SAID U.S. SEC. OF DEFENSE PANETTA

FROM:  AMERICAN FORCES PRESS SERVICE 

Panetta: NATO at 'Pivotal Point' in Afghan Mission

By Karen Parrish

BRUSSELS, April 17, 2012 - Defense Secretary Leon E. Panetta arrived here today ahead of this week's NATO "jumbo" ministerial conference, where the alliance's defense and foreign ministers are scheduled to discuss Afghanistan security transition and alliance capabilities.

Panetta said during a Pentagon news conference yesterday that the gathering will take place against a backdrop of change within the 63-year-old alliance.

"We're at a pivotal point for the alliance as we build on the gains that have been made in Afghanistan and try to chart the course for the future in that area," he said.

George Little, acting assistant secretary of defense for public affairs, today told reporters traveling with the secretary that Panetta views NATO as a strong alliance. International Security Assistance Force contributing nations remain committed to the strategy, agreed upon at the alliance's 2010 summit, of a gradual handover of security responsibility to Afghan forces by the end of 2014, Little said.

Panetta judged those forces performed capably and decisively in quelling a series of coordinated attacks attributed to the Haqqani network in Afghanistan's capital of Kabul on April 15, Little noted. The secretary expects Afghan forces will sustain that level of performance, and he believes "the overall [Afghanistan] narrative is a very positive one," he added.

A senior defense official accompanying Panetta said the secretary will attend a meeting of defense ministers tomorrow. Participants will discuss ongoing alliance defense needs and the "smart defense" approach of combined investment in NATO military equipment, the official said.

Many NATO member nations face budget challenges, while operations in Afghanistan and Libya have exposed some shortfalls in the alliance's overall defense capabilities, the official noted.

Later, along with Secretary of State Hillary Rodham Clinton, Panetta will attend the larger session involving defense and foreign ministers, which the official said will focus on Afghanistan and funding for Afghan security forces. Foreign minister meetings will continue into April 19, but the defense segment of the week's NATO gathering will conclude tomorrow, the official added.

The official called the "jumbo" ministerial conference "a rare bit of geometry." While the two groups of ministers normally hold separate meetings, this last gathering before the alliance's Chicago summit in May will allow senior officials to "move issues along" so heads of state won't need to argue over policy questions next month, the official said.

"We don't want our bosses to have to deal with things that we can't resolve on our own," the official added.

U.S & TENNESSEE REACH CLEAN WATER ACT AGREEMENT WITH CITY OF MEMPHIS.

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY

U.S. and Tennessee Announce Clean Water Act Agreement with the City of Memphis
WASHINGTON – The U.S. Environmental Protection Agency, the U.S. Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced a comprehensive Clean Water Act (CWA) settlement with the City of Memphis, Tenn. Memphis has agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage. Memphis estimates such work will cost approximately $250 million.  

 “EPA is working with communities across country to address sewage overflows that negatively impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This collaborative agreement with the city of Memphis will reduce raw sewage overflows, protecting area waterways now and into the future.”

“The improvements required by this settlement agreement will bring lasting public health and environmental benefits to Memphis residents,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “We will continue to work in partnership with EPA to enforce the Clean Water Act and work with municipalities across the country to advance the goal of clean water for all communities.”

A consent decree, filed today in U.S. District Court for the Western District of Tennessee in Memphis, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and the Tennessee Clean Water Network, an intervening plaintiff in this action. The United States and Tennessee previously filed a complaint against Memphis on February 5, 2010, seeking injunctive relief and civil penalties for Memphis’ alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.

The major features of the consent decree will require Memphis to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems to eliminate unauthorized overflows of untreated raw sewage. In order to address the problem of grease buildup within the sewer lines, Memphis developed and will be required to implement a comprehensive fats, oil and grease (FOG) program. Furthermore, the consent decree will require Memphis to develop and implement a continuing sewer assessment and rehabilitation program to ensure that the integrity of sewer infrastructure is appropriately maintained to prevent system failures that would likely result in unauthorized overflows. The consent decree will also require Memphis to perform corrective measures in certain specifically identified priority areas.

In addition to the control requirements, the consent decree will also require Memphis to pay a civil penalty of $1.29 million. Half of this amount will be paid to the United States. At the direction of the state, the other half of the civil penalty will be paid by Memphis through the performance of certain state projects. These projects include implementation of improvements to Memphis’ Geographic Information System (GIS) and implementation of an effluent color study to better delineate limits for the color of Memphis’ permitted discharges into the Mississippi River.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements in the past with numerous municipal entities across the country including Mobile and Jefferson County, Ala. (Birmingham); Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; New Orleans; Hamilton County (Cincinnati), Ohio; Northern Kentucky Sanitation District #1; and Louisville, Ky.

The proposed consent decree with Memphis is subject to a 30-day public comment period and final court approval.

USS AIRCRAFT CARRIER GETS REFUELED AT SEA

                                                             FROM:  U.S. NAVY
The Nimitz-class aircraft carrier USS Carl Vinson (CVN 70) and the Indian navy replenishment oiler INS Shakti (A57) conduct a refueling at sea exercise. Carl Vinson and Carrier Air Wing (CVW) 17 are deployed participating in the Malabar Exercise with ships and aircraft from the Indian Navy. U.S. Navy photo by Mass Communication Specialist Apprentice Andrew K. Haller

U.S. ANNOUNCES TEN YEAR VISA VALIDITY FOR COLOMBIANS

FROM:  U.S. STATE DEPARTMENT
Announcement of Ten-Year Visa Validity for Colombians Visiting the United States
Fact Sheet Office of the Spokesperson Washington, DC
April 15, 2012
The State Department is pleased to announce an increase in the validity of visas for Colombians traveling on a temporary basis to the United States from five years to ten years. This means that most Colombian applicants who qualify for a B-category non-immigrant visa may be issued a 120-month, multiple-entry visa.

This extension of visa validity is supporting of the expanding partnership between the United States and Colombia on a broad array of issues, which has resulted in increased exchanges for tourism and business. The extension is also consistent with the passage of the U.S.-Colombia Trade Promotion Agreement, which can increase investment between our two countries. A growing Colombian economy will lead to a growth in travel for education and training, tourism, and economic activities.
Approximately 577,000 Colombians visit the United States annually, according to the Department of Homeland Security.

Changes in visa reciprocity have no effect on visa eligibility or security screening procedures. Visa applicants will be subject to the same standards of eligibility for a U.S. visa as before the change in validity.

Benefits of the Visa Validity Extension:
Colombians qualified for a temporary visa to the United States will only need to apply to renew their visa once every ten years.
U.S. and Colombian businesses and service providers, including the tourist industry, will benefit from increased travel between the two countries.

NATO SECRETARY GENERAL RASMUSSEN BELIEVES IN SUPPORTING AFGHANISTAN BEYOND 2014 PULL-OUT

FROM:  AMERICAN FORCES PRESS SERVICE

NATO Conference Focuses on Post-2014 Afghanistan

By Karen Parrish

BRUSSELS, April 18, 2012 - NATO Secretary General Anders Fogh Rasmussen today emphasized support to Afghanistan beyond 2014 in remarks opening a conference of the alliance's defense and foreign ministers here.

Rasmussen noted the NATO summit in Chicago is a month away. "We have important work to do today and tomorrow to help set the stage," he said.

The NATO-led International Security Assistance Force has been engaged in Afghanistan since 2001, and Rasmussen said the alliance will continue to support that nation beyond 2014.

Meetings of NATO defense and foreign ministers today and tomorrow will shape the decisions on Afghanistan that the alliance's heads of state and government will make in Chicago, Rasmussen said, including completing the transition to Afghan security lead by the end of 2014 and what form NATO's contributions in Afghanistan will take after that transfer.

Rasmussen noted Afghan security forces defeated coordinated enemy attacks April 15 in and around Afghanistan's capital of Kabul.

"This shows that the Afghan security forces can deal with dangers and difficulties, and they are getting stronger every day," the secretary general said.

He said his clear message to Afghanistan's enemies is that they can't just wait NATO out. "As we gradually draw down," he added, "a still stronger Afghan security force is taking charge to protect the Afghan people against brutality and inhumanity."

NATO will maintain a training mission and financial support to Afghan security forces beyond 2014, Rasmussen said. "We must make sure we maintain the gains made with so much investment in lives and resources," he added.

Even in tough financial times, the secretary general said, supporting the Afghan forces is "a good deal in financial and political terms."

NATO remains committed to its strategy and its long-term partnership with Afghanistan, Rasmussen said.

"This is our message to the people of Afghanistan, to the enemies of Afghanistan, and to the neighbors of Afghanistan," he said, "because it is in the interest of our own security."

Before a morning meeting of defense ministers this morning, Rasmussen said their discussion would center on alliance "smart defense" efforts to acquire capabilities jointly that the alliance will need to counter future threats. Smart defense, he said, "means setting the right priorities. We must specialize in what we do best and focus resources on what we need most. And we must work together to deliver capabilities that many nations cannot afford on [their] own."

At the Chicago summit next month, Rasmussen said, NATO will demonstrate its commitment "to continue to invest political, military and economic capital in a transatlantic alliance that is fully fit to deal with the security challenges of today and tomorrow."

In a news conference following the morning session, he announced ministers have prepared an interim missile defense plan for Europe, with details to be announced in Chicago.

NATO defense ministers also discussed a "connected forces" initiative to be finalized at the Chicago summit, he added. This agreement will strengthen member nations' coordinated education, training and technology efforts, the secretary general said.

Financial support to Afghan forces after 2014 is expected to cost $4 billion per year, Rasmussen added, though details of NATO nations' contributions to that total have not been finalized.

Defense Secretary Leon E. Panetta and Secretary of State Hillary Rodham Clinton are both here for the NATO meetings, and are scheduled to hold a joint news conference later today.

U.S.DENIES SUNDAY'S TALIBAN ATTACKS WERE LIKE 1968 TET OFFENSIVE

FROM:  AMERICAN FORCES PRESS SERVICE

Official Dismisses Comparison of Kabul Attacks, Tet Offensive

By Jim Garamone
American Forces Press Service

WASHINGTON, April 16, 2012 - A few terrorist attacks does not make yesterday's combat in Afghanistan's capital of Kabul the "Taliban Tet Offensive," the Pentagon's top public affairs official said here today.

The Tet Offensive in 1968 involved tens of thousands of North Vietnamese regulars and thousands of Viet Cong irregulars. They attacked the length and breadth of South Vietnam from Hue in the north to the Mekong Delta to the American Embassy in Saigon.

Yesterday's attacks, by contrast, involved tens of terrorists armed with suicide vests and car bombs and some rocket-propelled grenades and small arms, George Little, acting assistant secretary of defense for public affairs, told reporters.

"Initial indications are that the Haqqani network was involved in the attacks in Kabul," Little said. "This was a well-coordinated set of attacks. I'm unaware of any U.S. casualties."

The Afghan national security forces responded to the attacks and handled matters by themselves, Little said. "They had the lead role in many instances and successfully repelled the enemy," he said.

The attacks mark the beginning of the "fighting season" in Afghanistan, when enemy fighters typically have become active after the harsh Afghanistan winter.

"We thought something like this could very well happen, and it did," Little said. "These were attacks that we believe show the Haqqanis and other insurgents are concerned about the progress being made in Afghanistan. And the fact that certain institutions of governance in Afghanistan were targeted ... suggests they feel the need to attack those institutions and what those institutions stand for: a brighter Afghanistan."

Little flatly rejected any analogy between yesterday's events in Afghanistan and the Tet Offensive in Vietnam. "This was a coordinated set of attacks," he said. "We are looking at suicide bombers, RPG, mortar fire etc. This was not a large-scale offensive sweeping into Kabul or other parts of the country."

The actions were multiple terrorist attacks, he noted. "I'm not minimizing the serious

ness of this, but this was in no way akin to the Tet Offensive or other enemy offensives that I'm aware of," he said.

While Little didn't speak directly to intelligence on the attacks, he did say chatter had indicated something like this might occur. "I don't believe this was an intelligence failure," he said. "We had some sense that something like this might happen. We know from past history that this is something they might do. This is the start of the spring fighting season, and the response was very effective.

"If we're going to be held to the standard that we have to know precisely when and where each insurgent attack is going to occur," he continued, "then that's an unfair standard."
 

NAVY GETS READY FOR HURRICANE SEASON

FROM:  U.S. NAVY
A landing craft air cushion from Assault Craft Unit (ACU) 4 enters the well deck of the amphibious assault ship USS Bataan (LHD 5) as part of HURREX 08-002. HURREX is a Commander, U.S. Second Fleet directed exercise designed to test the ship's ability to respond to humanitarian assistance and disaster relief needs during the 2008 hurricane season. (U.S. Navy photo by Mass Communication Specialist Seaman Matthew Bookwalter/Released)

From U.S. Fleet Forces Public Affairs
NORFOLK, Va. (NNS) -- Commander, U.S. Fleet Forces Command (USFF) and Commander, Navy Installations Command (CNIC) are conducting a hurricane preparedness exercise, HURREX/Citadel Gale 12, April 16 through 27.

The purpose of this annual exercise is to prepare the Navy to respond to weather threats to U.S. coastal regions, and to maintain its ability to deploy naval forces even under the most adverse weather conditions.

HURREX/Citadel Gale 12 will involve two simulated storm systems developing and intensifying to hurricane strength, threatening the Caribbean Islands, East Coast and Gulf Coast regions.

All Navy commands with personnel in these regions will participate, to include reviewing and exercising heavy weather instructions and procedures and accounting for Sailors and Navy families in the affected regions through the Navy Family Accountability and Assessment System (NFAAS).

There is no U.S. Navy ship movement associated with HURREX/Citadel Gale 12.

Galaxy rising: With C-5M a 'super' culture, capability change are taking place

Galaxy rising: With C-5M a 'super' culture, capability change are taking place

ONLINE BROKER CHARGED BY SEC WITH NOT COMPLYING WITH STOCK DELIVERY REQUIREMENTS

FROM:  SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., April 16, 2012 – The Securities and Exchange Commission today charged an online brokerage and clearing agency specializing in options and futures as well as four officials at the firm and a customer involved in an abusive naked short selling scheme.

The SEC’s Division of Enforcement alleges that Chicago-based optionsXpress failed to satisfy its close-out obligations under Regulation SHO by repeatedly engaging in a series of sham “reset” transactions designed to give the illusion that the firm had purchased securities of like kind and quantity. The firm and customer Jonathan I. Feldman engaged in these sham reset transactions in a number of securities, resulting in continuous failures to deliver. Regulation SHO requires the delivery of equity securities to a registered clearing agency when delivery is due, generally three days after the trade date (T+3). If no delivery is made by that time, the firm must purchase or borrow the securities to close out the failure-to-deliver position by no later than the beginning of regular trading hours on the next day (T+4).

The former chief financial officer at optionsXpress – Thomas E. Stern of Chicago – was named in the SEC’s administrative proceeding along with optionsXpress and Feldman. Three other optionsXpress officials – head of trading and customer service Peter J. Bottini and compliance officers Phillip J. Hoeh and Kevin E. Strine – were named in a separate administrative proceeding and settled the charges against them for their roles in the scheme.

“OptionsXpress used sham reset transactions to avoid, sometimes for months, its obligation to comply with Reg. SHO’s stock delivery requirements,” said Robert Khuzami, Director of the Division of Enforcement. “Illegally extending its naked short positions put optionsXpress in plain violation of the law and undermined Reg. SHO’s intent to reduce fails to deliver.”

Daniel M. Hawke, Chief of the Division of Enforcement’s Market Abuse Unit, added, “Reg. SHO compliance continues to be a high enforcement priority. Broker-dealers, their employees, and their customers must ensure that they comply with the close-out requirements of the short sale rules and regulations.”

According to the SEC’s order, the misconduct occurred from at least October 2008 to March 2010. In September 2011, optionsXpress became a wholly-owned subsidiary of The Charles Schwab Corporation.

The SEC’s Enforcement Division alleges that the sham reset transactions impacted the market for the issuers. For example, from Jan. 1, 2010 to Jan. 31, 2010, optionsXpress customers including Feldman accounted for an average of 47.9 percent of the daily trading volume in one of the securities. In 2009 alone, the optionsXpress customer accounts engaging in the activity purchased approximately $5.7 billion worth of securities and sold short approximately $4 billion of options. In 2009, Feldman himself purchased at least $2.9 billion of securities and sold short at least $1.7 billion of options through his account at optionsXpress.

According to the SEC’s order, by engaging in the alleged misconduct, optionsXpress violated Rules 204 and 204T of Regulation SHO; Feldman willfully violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rules 10b-5 and 10b-21 thereunder; optionsXpress and Stern caused and willfully aided and abetted Feldman’s violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rules 10b-5 and 10b-21 thereunder; and Stern caused and willfully aided and abetted optionsXpress’s violations of Rules 204 and 204T.

In the separate settled administrative proceeding, Bottini, Hoeh, and Strine consented to a cease-and-desist order finding that they caused optionsXpress’s violations of Rules 204 and 204T of Regulation SHO and ordering them to cease-and-desist from committing or causing violations of Rule 204. They neither admitted nor denied the SEC’s findings.
The SEC’s investigation was conducted by Deborah Tarasevich, Jill Henderson, and Paul Kim. Market Surveillance Specialist Brian Shute, Market Abuse Unit Trading Specialist Ainsley Fuhr, and Financial Economist Michael P. Barnes provided assistance with the investigation. The litigation will be led by Frederick Block.

WIN MILLIONS DESIGNING A DISASTER ROBOT

                                                                                        Mars Rover Self-Portrait  Photo:  NASA    
FROM:  DEPARTMENT OF DEFENSE ARMED WITH SCIENCE
Written on APRIL 16, 2012 AT 7:40 AM by JTOZER
Wanted: Robot. Willing To Pay $2M
Written by Jessica L. Tozer
Hey you, robot enthusiast!
Do you want two million dollars?  Can you build amazing robots?  If so, have we got the most awesome contest FOR YOU!  No, seriously.  This isn’t the premise for a 1980's SciFi action flick.  This is for real, folks.

The Defense Advanced Research Projects Agency (DARPA) is offering millions to the person who creates a robot designed to handle disasters of epic proportion.  The kind humans can’t handle, no matter how noble or determined we are.  No, not the asteriod-hurling-to-Earth type (although truthfully that would currently fall into the things-we-can’t-handle-no-seriously-Bruce-Willis-isn’t-going-to-save-us category).

All epic movie montages aside, DARPA really is looking for robots that can handle things that are too dangerous for humans, like the meltdown at Japan’s Fukushima Daiichi power plant last year.

This is more than just the work of a machine.  This robot has to go above and beyond the call of autonomous duty in order to handle the kind of crisis we’re talking about.  As awesome as that sounds, it’s not quite as unprecedented as you might think.

The truth is, the use of robots in serious situations is nothing new.
Robots are used by U.S. military forces as assistants for service members in diffusing improvised explosive devices.  That’s not to say that the current robot cavalcade can’t be improved upon, and I guess that concept is what brings us to this blog post today.

True innovation in robotics technology could result in much more effective robots that could better intervene in high-risk situations.  This could save human lives, and help contain the impact of natural and man-made disasters.  So, are we headed to a new age of human-robot coexistence?  The handy helper AIs who come at the touch of a button?  Possibly even reach new technological heights with our  new autonomous friends?
I immediately think “helpful robots in space” (Robby the Robot style), but maybe I’m getting ahead of myself.

s iconic symbols of the future, robots rank high with flying cars and starships, but basic robots are already in use in emergency response, industry, defense, healthcare and education. DARPA plans to offer a $2 million prize to whomever can help push the state-of-the-art in robotics beyond today’s capabilities in support of the DoD’s disaster recovery mission.

DARPA’s Robotics Challenge will launch in October 2012.  Teams are sought to compete in challenges involving staged disaster-response scenarios in which robots will have to successfully navigate a series of physical tasks corresponding to anticipated, real-world disaster-response requirements.

The DARPA Robotics Challenge consists of both robotics hardware and software development tasks. It is DARPA’s position that achieving true innovation in robotics – and thus success in this challenge – will require contributions from communities beyond traditional robotics developers.
The DARPA Robotics Challenge supports the National Robotics Initiative launched by President Barack Obama in June 2011.

To answer questions regarding the Robotics Challenge and provide an opportunity for interested parties to connect, DARPA will hold a virtual Proposers’ Day workshop today, April 16, 2012.

This online workshop will introduce interested communities to the effort, explain the mechanics of this DARPA challenge, and encourage collaborative arrangements among potential performers from a wide range of backgrounds.  More information on the BAA and Proposers’ Day is available here.

So whether you’re just looking for a reason to build the world’s next greatest robot (and really, who isn’t?), or you just want to make the world a safer place for us humans, I’d check out this challenge.  I look forward to seeing the innovation and creativity that can come from this.\

I’d also like to be the first blogger to officially request an interview with the two million dollar robot.  The robot, not the winner (although I *suppose* the winner can come, too).  I want to get on his/her good side.  You never know when your AI connections are going to come in handy, and if he/she is going to be saving humanity someday, I’d like to be on a first name basis.

Robby The Robot was featured at 2006 San Diego Comic Con in honor of the 50th anniversary of Forbidden Planet and the remastering of the film on DVD. Photograph by Patty Mooney, Crystal Pyramid Productions, San Diego, California. 

U.S. DC CIRCUIT COURT OF APPEALS BLOCKS REQUIRED POSTING OF EMPLOYEE RIGHTS

FROM:  NATIONAL LABOR RELATIONS BOARD
In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”

AIRSTRIKE KILLS INSURGENTS IN AFGHAN OPERATIONS

FROM:  AMERICAN FORCES PRESS SERVICE

Airstrike Kills Insurgents in Afghanistan

American Forces Press Service

KABUL, Afghanistan, April 17, 2012 - A combined Afghan and coalition security force called in an airstrike that killed several insurgents in the Nerkh district of Afghanistan's Wardak province today, military officials reported.

Insurgents were observed setting up a heavy machine gun near a village while preparing to attack Afghan security forces, officials said.

In other Afghanistan operations today:

-- While searching for a Taliban leader, a combined force called in an airstrike that killed several insurgents in the Khakrez district of Kandahar province. The security force also detained a suspect and seized assault rifles and grenades.

-- A combined force captured a Taliban leader, detained two other insurgents and seized a pistol in the Zurmat district of Paktia province. The leader directed roadside bombings and other attacks against Afghan and coalition forces. He also is suspected in supplying bombs for a suicide attack against an Afghan military commander.

In an April 16 operation, combined forces found and destroyed 12 anti-personnel mines, 90 mine detonators, 73 rocket-propelled grenades, 65 RPG fuses, 51 RPG fuel cells and about 9,500 7.62 mm rounds in the Tarin Kot district of Uruzgan province.

THE AIR FORCE MAD SCIENTIST

The Air Force Mad Scientist

Internet auf Mond, Mars und ISS

Internet auf Mond, Mars und ISS

U.S. CDC SAYS UNINTENTIONAL CHILD INJURIES DOWN 30% IN 10 YEARS

FROM: U.S. CENTERS FOR DISEASE CONTROL

Death rates from unintentional injury among children dropped by nearly 30 percent in 10 years

Injuries remain number one killer of youth

Death rates from unintentional injuries among children and adolescents from birth to age 19 declined by nearly 30 percent from 2000 to 2009, according to a new Vital Signs report from the Centers for Disease Control and Prevention. 

However, more than 9,000 children lost their lives as a result of unintentional injury in the United States in 2009. And although rates for most causes of child injuries have been dropping, suffocation rates are on the rise, with a 54 percent increase in reported suffocation among infants less than 1 year old, the report says.  Poisoning death rates also increased, with a 91 percent increase among teens aged 15-19, largely due to prescription drug overdose, it said.

This Vital Signs report is CDC’s first study to show fatal unintentional injury trends by cause and by state for children from birth to 19 years. The most common cause of death from unintentional injury for children is motor vehicle crashes; other leading causes include suffocation, drowning, poisoning, fires, and falls.

“Kids are safer from injuries today than ever before. In fact, the decrease in injury death rates in the past decade has resulted in more than 11,000 children’s lives being saved,” said CDC Director Thomas Frieden, M.D., M.P.H. “But we can do more. It’s tragic and unacceptable when we lose even one child to an avoidable injury.”

Child injury death rates varied substantially by state in 2009, ranging from less than 5 deaths per 100,000 children in Massachusetts and New Jersey to more than 23 deaths per 100,000 children in South Dakota and Mississippi.

Death rates from motor vehicle crashes dropped by 41 percent from 2000-2009. Several factors have played a role in this reduction, including improvements in child safety and booster seat use and use of graduated drivers licensing systems for teen drivers. However, crashes remain the leading cause of unintentional injury death for children.

Poisoning deaths have been steadily increasing among 15- to 19 year-olds, largely due to prescription drug overdoses. According to other CDC research, appropriate prescribing, proper storage and disposal, discouraging medication sharing, and state-based prescription drug monitoring programs could reduce these deaths. The increase in suffocation deaths among infants could be curbed by following the American Academy of Pediatrics’ recommendations for safe infant sleeping environments. These recommendations state that infants should sleep in safe cribs, alone, on their backs, with no loose bedding or soft toys.

“Every 4 seconds, a child is treated for an injury in the emergency department, and every hour, a child dies as a result of an injury,” said Linda C. Degutis, Dr.P.H., M.S.N., director of CDC′s National Center for Injury Prevention and Control. “Child injury remains a serious problem in which everyone –including parents, state health officials, health care providers, government and community groups – has a critical role to play to protect and save the lives of our young people.”

CDC and more than 60 partner organizations are releasing a National Action Plan on Child Injury Prevention in conjunction with the Vital Signs report. The National Action Plan’s overall goals are to:

• Raise awareness about the problem of child injury and the effects on our nation.
• Highlight prevention solutions by uniting stakeholders around a common set of goals and strategies.
• Mobilize action on a national, coordinated effort to reduce child injury.

For a copy of the plan and more information about child injury prevention, visitwww.cdc.gov/safechild.

CDC Vital Signs is a report that appears each month as part of the CDC journal Morbidity and Mortality Weekly Report (MMWR). The report provides the latest data and information on key health indicators such as cancer prevention, obesity, tobacco use, alcohol use, prescription drug overdose, HIV/AIDS, motor vehicle safety, health care-associated infections, cardiovascular health, teen pregnancy, child injuries, and food safety.

U.S. STATE DEPARTMENT DAILY BRIEFING

FROM:  U.S. STATE DEPARTMENT
Mark C. Toner
Deputy Spokesperson
Daily Press Briefing
Washington, DC
April 17, 2012
TRANSCRIPT:
TRANSCRIPT:

12:46 p.m. EDT
MR. TONER: Good afternoon.
QUESTION: Good afternoon.
MR. TONER: Welcome. (Laughter.) I feel sometimes a little schoolmarm-ish up here when I – I don’t know why. It’s ridiculous. (Laughter.) Anyway, welcome to the State Department. Jill, Cami, good to see you guys, too. (Laughter.) Anyway, I have nothing for the top, so I’ll take your questions.
Jill.
QUESTION: Actually, I’m interested in North Korea.
MR. TONER: Okay.
QUESTION: North Korea is saying that the February – the Leap Day Agreement is over, no longer binding. So of course, what does that mean? Is there any reaction? Does it mean they’re paving the way for a nuclear test?
MR. TONER: Well, it’s difficult to say. I mean, in terms of what we’ve seen reported, the statements about these commitments that they made on Leap Day - it’s not surprising, given their recent behavior. We’ve been very clear, especially the presidential statement that was passed by the UN Security Council yesterday, that North Korea needs to comply with the Security Council resolutions 1718 and 1874. And that includes abandoning all nuclear weapons and existing nuclear programs as well as no more nuclear tests, or abstaining from any nuclear tests. So – and it was also very clear that the Security Council was determined to take action in the event of any future launch or nuclear test.
QUESTION: Is there any indication the U.S., at this point, believes that they might be laying the groundwork for a nuclear test?
MR. TONER: I can’t, obviously, talk about any intelligence that we might have about this. And frankly, it’s very difficult to say; it’s a very opaque regime. We parse out their public comments. We also know that in the past, as we’ve said, there’s been this pattern of bad behavior, if you will. So we can’t preclude anything at this point – but again, very clearly reminding them of their obligations under existing UN Security Council resolutions and also very clearly conveying the fact that the Security Council would take appropriate actions.
QUESTION: What are the appropriate actions that could be taken, given the raft of sanctions that are already facing not just the North Korean Government but various individuals, including the new leader Kim Jong-un?
MR. TONER: Well, you are correct in saying that. I don’t think any other country, or very few countries in the world, have as strict or rigid a sanctions program against them as North Korea. They’re probably one of the most heavily sanctioned countries in the world. The presidential statement did speak yesterday about, though, going back to the UN Sanctions Committee to find out ways that those sanctions, existing sanctions, can be strengthened.
And I talked a little bit about this yesterday, that there’s sanctions that are on the books, and then the second part of making an effective sanctions regime is constantly adding to them but also seeking ways to make them stronger through the implementation. And that’s what they’ll be doing.
Yeah.
QUESTION: What’s the U.S. view on the Leap Year Agreement? Is it – obviously the U.S. part has been suspended with the nutritional assistance.
MR. TONER: Correct.
QUESTION: But does the U.S. still believe that it’s in force, that North Korea is bound to what it promised at that point?
MR. TONER: Well, indeed. I mean, we’ve – we believe that, again, it’s not just the commitments that North Korea made on Leap Day, but also existing Security Council resolutions that hold North Korea to the pledge not to conduct any nuclear tests.
Yeah, go ahead.
QUESTION: Just to make sure we understand, then, is the Leap Day Agreement null and void, or is it just that it still remains as a legal agreement which they have broken? Maybe it’s the same thing, but --
MR. TONER: Well, I don’t know if I would term it a legal agreement, but it was a pledge of commitment that North Korea took. We undertook a commitment to look at nutritional assistance at the same time. Given the fact that they’ve reneged on their commitments by launching this satellite, then we’ve suspended our side of the commitments.
QUESTION: Different issue?
MR. TONER: Different issue. Do you have another or --
QUESTION: No.
MR. TONER: Okay. Sure, Shaun.
QUESTION: Repsol – the issue in Argentina with the nationalization. I saw Secretary Clinton spoke a little bit about this, but didn’t really give much commentary on it. Does the U.S. want to stay out of this, or is there some viewpoint that you could give? The EU has --
MR. TONER: I think her comment reflected that we’re still studying the details of the case. She spoke about the need for diverse markets, and certainly that’s one of our core beliefs: diverse energy markets. But beyond that, we don’t have any comment.
Yeah. Go ahead, Said.
QUESTION: Can we go to Syria?
MR. TONER: We can go to Syria.
QUESTION: Okay. Yesterday you made a couple comments, but right after that I think there was a comment made by the Secretary of State and by the representative of the United Nations. Both were not actually very helpful as far as the ceasefire is concerned. Could you care to comment on that?
MR. TONER: You’re saying that the Secretary nor the representative --
QUESTION: Right.
MR. TONER: Well, I think I spoke to it a little bit yesterday. By our accounts, based on sources inside the country, 26 people were killed in Syria yesterday. We also understand that violence continues with tank shelling in Homs and in another town in southern Syria, Busra al-Harir. And it’s – this – as I said yesterday, this erosion of the cessation of violence that we had in place – and we called it fragile from the start – is – this erosion is unacceptable. We need to see the Assad regime live up to its pledge, and the onus is on the Assad regime. So far, the Syrian opposition has held its fire and lived up to its side of the agreement.
QUESTION: Yeah. But there is also a back and forth going on with the amir of Qatar saying that it has a chance of 3 percent of success. I don’t know how he came up with that figure. But also today with Mr. Lavrov in Moscow saying that there are people – alluding to Qatar and Saudi Arabia and some of the Gulf countries – who are trying to actually collapse the ceasefire. Do you concur with that assessment, with the Russians?
MR. TONER: I don’t think anybody wants to see the violence return to Syria. I can’t really say that because it hasn’t fully abated, but nobody wants to see the Syrian regime crank up its artillery assaults on civilians again to the degree that it had been in previous weeks. I think the GCC countries have played, obviously, a strong leadership role in trying to address this crisis. And it’s frustrating to see one small, fragile step forward, but then to see that eroding before our eyes.
So again, the onus is on Assad. The onus is on his regime. They need to live up to their side of the bargain. They need to fulfill all the points of the Annan plan – implement all the points of the Annan plan. To date, they have not. They barely fulfilled one. And so – and we do need to let these monitors get on the ground, establish themselves, and go out and actually report on what they see.
QUESTION: So you’re saying that the ceasefire, by itself, is not enough, right? There’s got to be also – the regime has to be forthcoming on all the other points.
MR. TONER: Absolutely.
QUESTION: What is your assessment of how the ongoing discussions in Paris about the economic sanctions aimed at Syria and efforts to toughen them? What’s the – this building’s read on what’s happening there?
MR. TONER: Well, the tougher the better. We’ve said all along that we want to see sanctions, political pressure, economic pressure increased on Assad, increased on his regime. We would have the message conveyed very clearly to those around Assad that the tide has turned, and they need to reconsider their options.
Yeah. Go ahead, Jill.
QUESTION: What are monitors doing exactly?
MR. TONER: They are – again, this is a very small group that arrived over the weekend. I believe just five monitors are on the ground – six monitors are on the ground. They’ve set up an office in an existing UN office, I would imagine in Damascus. They’ve also met with officials at the Syrian foreign ministry, and we expect the number of monitors to quickly increase to 25 or 30 in the next five to seven days. And as you probably saw from reporting out of UN, they’re still trying to establish – waiting for recommendations from the Secretary General on how large this mission will be.
QUESTION: How – what will you base your assessment on whether or not this initial monitoring effort is successful? I mean, what does it take? What do they have to do that they – that you all would then say that this is actually working?
MR. TONER: Well, first off, they need unlimited access to all parts of Syria, and I think that we’ve seen this come out in some of the discussions ongoing in New York. They need to be able to – as we talked about before with the Arab League, these monitors are only as good as the access that they’re provided. If they can get out, if they can see all areas of the country, then they can provide an objective and detailed assessment of the situation. So I think we’ll – as we move forward, we’ll see how – what kind of access they get, their ability to travel around, and then we’ll, obviously, wait for their report back to the UN.
QUESTION: I mean, you’re saying that that group could expand to up to 30 within seven days.
MR. TONER: That’s correct.
QUESTION: You think that within that seven-day period we’ll be able to judge whether or not this is --
MR. TONER: I honestly – I think it’s going to be a critical week as we see how this mission is implemented, and I think the Secretary alluded to that last night. I don’t know whether we’ll expect a full report, from them in that time. I just can’t say.
QUESTION: The Secretary General suggested in his comments today in Doha that perhaps even 250 monitors might not be enough, given the size of Syria and given the scope of the ongoing --
MR. TONER: Right.
QUESTION: -- violence. And he also suggested, perhaps, providing helicopters and other means of travel to these monitors. Are we seeing a slow ratcheting up of some sort of outside intervention here?
MR. TONER: Ros, I think he’s just looking at – and I just spoke to this a little bit. He’s looking at what’s required for an effective monitoring mission. Indeed, Syria’s a very large country. And so they need access to all parts of the country in order to carry out an effective mission. So I believe that as we move forward in the next couple of days, the Secretary General will go back to the Security Council with his recommendations on the size and scope of the mission, and then we’ll move from there.
QUESTION: Is there any concern that the Assad regime could push back on aerial modes of transportation, to use a bureaucratic phrase, because of some concern that perhaps people could fire weapons out of those aircraft?
MR. TONER: Again, these are unarmed observers, so I don’t preclude any action, however absurd, by the Syrian Government. But it would be indeed absurd to assume that.
QUESTION: Mark, some Syria – I’m sorry, go ahead.
QUESTION: Well, I just wanted to clarify.
MR. TONER: Yeah.
QUESTION: With the monitors, and essentially, they’re talking with the foreign ministry, trying to establish how they’re going to go about this --
MR. TONER: Correct.
QUESTION: -- as opposed to actually carrying it out, right?
MR. TONER: Correct.
QUESTION: And then is – do you have any feedback in terms of how the Assad government is reacting, what they are saying? Are they cooperating?
MR. TONER: I really don’t at this point. Other than what we’ve seen in terms of the return of violence or the slow ratcheting up of violence in several areas of the country, I really don’t have an assessment about their meetings with the foreign ministry, at least yet.
QUESTION: The fact they’re saying that Secretary Clinton’s going to be in Paris on Thursday for the sort of – some Friends of Syria meeting. Are you able to confirm that?
MR. TONER: I can’t confirm at this point. She’s obviously up in the air. I’ve seen those same press reports. We’ve talked about – certainly, the Secretary is very willing to meet – to discuss this important issue, obviously. But I just can’t confirm at this point.
QUESTION: I wonder if I can get you to comment on something. Some old Syria hands in town are suggesting that perhaps the United States Government could share intelligence with the opposition groups and so on, saying that now there is a movement of tanks or now there’s a movement of military contingent moving towards this neighborhood or that neighborhood. Is that something that is being discussed, at least, in this building?
MR. TONER: Well, if it was being discussed, I wouldn’t be able to tell you about it.
QUESTION: But is it --
MR. TONER: No. I think what we’re working at is along the lines of what was decided at the last Friends of Syria meeting, which is non-lethal assistance to the Syrian opposition, improve their communications. Again, you’ve seen some of the imagery also that’s appeared on Ambassador Ford’s Facebook site, and that, in effect, is a way to hold the Syrian regime accountable. You can actually see heavy weaponry surrounding some of these cities. So our focus right now: working with the opposition, trying to strengthen their cohesion, strengthen their unity, so as we move towards what we hope is an eventual transition, that they’re ready for that.
QUESTION: Just a quick follow-up to rephrase my question. So as part of that assistance in communications, would that be communicating to the opposition that they’re about to be attacked? Is that part of communication?
MR. TONER: My understanding is that this is communication that’s supposed to strengthen their own intra-communication, their ability to – and again, the Secretary spoke about when she met with members of the opposition during the last meeting in – Istanbul? Sorry, was it Istanbul or – okay, thank you – talked about meeting with a woman who talked about, during these bombardments in places like Homs, their inability to even know what’s going on in another part of the city. So we’re trying to look at ways that we can strengthen that kind of communication.
Yeah, in the back, Scott.
QUESTION: Sudan, please. Could you – what can you tell us about Ambassador Lyman’s efforts in Juba?
MR. TONER: Sure. I don’t have a lengthy readout for you, Scott. I can say that he is in Juba, as I mentioned yesterday, for meetings with the Government of South Sudan. He did meet with President Kiir yesterday. I think I said they’re looking at ways to deescalate the tension and end the current crisis. He is going to travel to Khartoum, I believe, later today or tomorrow for meetings with Sudanese officials to essentially stress the same message, which is that we need an immediate and unconditional cessation of violence, and we need both sides to get back to the AU process.
QUESTION: Does it continue to be your position that the SPLA troops need to withdraw from Heglig?
MR. TONER: It does.
QUESTION: Was that raised with President Kiir?
MR. TONER: I’m sure it was.
Yeah, in the back.
QUESTION: Yesterday, Secretary Panetta and Chairman Dempsey blamed Pakistan-based Haqqani Network for the attacks in Kabul, and Secretary Clinton also talked to Foreign Minister Khar. So what – does the initial evidence lead to Pakistan at the moment? Was this coordinated by the Haqqani Network elements in Pakistan or in Afghanistan? What is your initial information?
MR. TONER: Right. I mean, the quick answer is we don’t know yet. It appeared to bear the hallmarks of the – an Haqqani Network-style attack. We’ve seen them obviously carry out one last fall that was coordinated in this kind of fashion, but beyond that, we’re still in the information-gathering stage. It’s still an investigation carried out by Afghan authorities. So we should know more.
QUESTION: And last year, we heard a lot about Haqqani Network that was – all sorts of – that went from communication with Pakistan. But that seemed to go in the background during the last few months when everything between Pakistan and U.S. seemed to be at a standstill. So was there any kind of communication on Haqqani Network, or are your concerns about the same? You thought Pakistan actually did take some action or they did nothing? What is your impression?
MR. TONER: Well, I think the Secretary spoke to this in her press availability yesterday in Brasilia, and she simply said that when she was in Pakistan in the fall, that she raised our concerns about the Haqqani Network, and frankly, our concerns that this is a shared threat. We all need to take action against this network. It’s a threat to Pakistanis, it’s a threat to Afghans, and it’s a threat to, obviously, Americans living in Afghanistan and elsewhere.
QUESTION: No, my question is that --
MR. TONER: Sorry.
QUESTION: -- you have been raising this concern with Pakistan over the last year or so. You have done that a number of times.
MR. TONER: Right.
QUESTION: Have you seen any improvement or you think the situation is actually deteriorating?
MR. TONER: Well, again, it’s – we’ve been going through a fairly difficult period with Pakistan that we’re now hopefully emerging from. And throughout that, our counterterrorism cooperation has continued, but we want to try to strengthen it. We recognize that we do face these shared threats, and we need to keep up the fight. We continue to make that case to the Pakistani Government, that this is a group that is killing Pakistanis as well as Americans as well as Afghans, so we need to put the pressure on them. I think I’ll just leave it there.
Yeah, Scott.
QUESTION: (Off mike.)
MR. TONER: Yeah. Sure, go ahead.
QUESTION: Do you think that this attack, and if Pakistan doesn’t take any action against Haqqani Network, as U.S. has been demanding, it could sabotage whatever efforts there are at the moment to bring this relationship back on track?
MR. TONER: We’re going forward. We have the parliamentary review process complete, but going forward, we’re going to have a strong and serious discussion on all the issues, including counterterrorism, including the Haqqani Network. The Secretary stated that yesterday. We take it very seriously.
QUESTION: There are Azerbaijani officials in town this week. Can you tell us about any talks they might be having in this building, and if any of those talks have included Afghanistan?
MR. TONER: Scott, I’ll take the question. I don’t have any details with me.
Yeah. Sure.
QUESTION: Treasury today said it was easing some sanctions on Myanmar, certain sanctions that would allow nongovernmental organizations --
MR. TONER: Right.
QUESTION: -- particularly to do their jobs. I’m wondering, is this the extent of the action for action that we can expect at this stage or are you contemplating further moves?
MR. TONER: No, I think the other – we talked about a number of actions on April 4th, I guess it was, which included naming an ambassador, opening a USAID office, establishing a normal country program for UNDP, facilitating travel for select government officials, and also easing restrictions on the export of U.S. financial services. And then also, one of these elements was, as you just mentioned, easing restrictions on nonprofit activities. So today, as you correctly noted, the Office of Foreign Assets Control did issue a general license easing financial restrictions for certain not-for-profit activities in Burma. These include health, education, good governance, and certain noncommercial development initiatives. And as I said, this is – I think you’ll see more steps as we implement what we laid out on April 4th. You’ll see additional measures.
QUESTION: Okay. So I mean, it isn’t that the Burmese have to do more now to get more, that --
MR. TONER: No.
QUESTION: Okay.
MR. TONER: I mean, these were our action for action, if you will, in response to what we viewed as very positive parliamentary elections.
Yeah, Jill.
QUESTION: Mark – Egypt. Some of the NGO people are now worried that they will be on an Interpol list and will not be able to travel internationally. Do you have any update on where their status is, what their status is?
MR. TONER: I don’t, and I’m somewhat limited to what we can say about Interpol matters. I’ll take the question, though, and see if we can get anything back for you.
QUESTION: All right. And you may have addressed this --
MR. TONER: But I mean, obviously, what we said previously, Jill, just to – we’ve been very clear that we think these are politically motivated charges and without merit, and so let me just reiterate that, that we don’t – there’s no reason for these individuals to be on any kind of list, international legal list.
QUESTION: All right. And just one quick one on – you may have addressed this this week, I could’ve missed it, but the level of concern here in this building about the Egyptian elections, in which a number of people have been –
MR. TONER: Yeah. I spoke a little bit about this yesterday. This is – obviously, Egyptians are following this process very closely, and rightly so. Our concern is that we want to see a fair and transparent process moving forward and a successful handover election and handover of power to a civilian government along the timeframe that the SCAF has already laid out. So they’ve already had successful parliamentary elections. We want to see that trend continue, and leading to a transfer of power.
Yeah. Go ahead.
QUESTION: Change topic? Palestinian-Israeli issue?
MR. TONER: Sure.
QUESTION: Okay. Last year, the Quartet, as part of its effort, requested that both the Palestinians and the Israelis submit their proposals for the borders and so on. The Palestinians did; the Israelis did not. Today there is a letter that is being submitted from Abbas to Netanyahu. Do you expect, as a result of this letter, that the Israelis will come forth with their own proposal of the borders, and will you support that?
MR. TONER: Well, what I can say is that, as you noted, the parties are set to meet today. I didn’t have confirmation coming down here that the actual – the meeting – actually the meeting was underway. But I can --
QUESTION: (Off-mike.)
MR. TONER: They did already meet?
QUESTION: (Off-mike.)
MR. TONER: Yeah. No, and I – again, I was trying to get confirmation about that as well. But I do – I can say that the Palestinians did intend to deliver a letter addressed to Prime Minister Netanyahu and that we understand there’s a – there are plans for an Israeli reply. But I obviously can’t get into the substance of those.
Yes. Back here.
QUESTION: On Guinea-Bissau.
MR. TONER: Mm-hmm.
QUESTION: Following the coup in Mali, you supported the ECOWAS deal, which had the vice president come to power and the soldiers step back. The military, who’s now in control of Guinea-Bissau, says that they will have a similar transitional authority, but the soldiers will decide what civilians will take part in that. Is that acceptable?
MR. TONER: No – I did see that. Let’s be very clear that we support the ECOWAS-led efforts in the country as – and I believe it’s not just ECOWAS; it’s the community of Portuguese-language countries that are also involved in this. We certainly want to see a return to civilian power, but I can’t speculate on what’s being proposed by these mutineers except to say that we strongly support ECOWAS and CLP efforts to return the country to civilian rule.
QUESTION: Would it be acceptable to you that soldiers determine which civilians could take part in this transitional authority?
MR. TONER: Again, I mean, it’s somewhat speculative. I’ve heard those comments. I haven’t seen anything to back them up. I don’t know what – but I don’t know if they’re credible. I just have seen press reports at this point. ECOWAS is there on the ground. They’re working hard to – are there to mediate. We just want to see a return to civilian rule. But certainly, we would want to see something that is in keeping with democratic standards.
QUESTION: On Vietnam?
MR. TONER: Yeah, sure.
QUESTION: I don’t know if you have anything to say about charges that have been filed against a number of journalists and bloggers, one Nguyen Van Hai. They’re accused of anti-state propaganda.
MR. TONER: Right. I mean, obviously, we’re watching these cases very closely. We’re very concerned and monitoring the charges. But I’ll take the question and see if we can get more details for you.
Yeah.
QUESTION: On South Korea?
MR. TONER: Yeah.
QUESTION: Lim Sung-nam is in town and is at the State Department today for meetings. And I’m wondering if you have any information about who he’ll be meeting with?
MR. TONER: He is. And I’m trying to – I hope I have this – I did have a readout – or not a readout but a preview. You’re talking about Special Representative Lim?
QUESTION: Yes.
MR. TONER: He is going to be meeting with Glyn Davies, our Special Representative for North Korea, as well as Assistant Secretary Thomas Countryman. And, obviously, they’ll talk about the range of issues, probably first and foremost, North Korea, and next steps following yesterday’s presidential statement.
Yeah, in the back.
QUESTION: Yes. I have a question about Argentina and the oil company. The Spanish foreign minister has said he’s disappointed with Secretary Clinton reaction to the nationalization of the YPF company. I would like to know what should Spain expect from the U.S. Government? What position should Spain expect in this issue from the U.S.?
MR. TONER: Well, I think Secretary Clinton was simply – said that she was still looking at the case. She commented, as I mentioned to Shaun earlier, the importance that we subscribe to – or ascribe to diversity of energy resources. We believe that’s the best route to go. But beyond that, we’re still studying the implications.
QUESTION: A follow-up?
MR. TONER: Yeah, go ahead.
QUESTION: Does the United States, to be clear, condone or condemn this nationalization?
MR. TONER: I think we’re still trying to get the details of what’s happened and making an assessment. But speaking more generally, when it comes to energy markets, as I just said, we want to see more diversity, not less.
QUESTION: Yesterday, governor of Tokyo made a speech in D.C., saying that city of Tokyo will be purchasing Senkaku Islands. Do you have any reaction to this news?
MR. TONER: Nothing beyond our standard policy or position on the Senkaku Islands, which I can give to you chapter and verse, if you like. But I don’t have any specific comment on his speech, no. Yeah.
Anything else, guys? Great. Thank you.

HHS SECRETARY SEBELIUS ON THE ADMINISTRATION FOR COMMUNITY LIVING

FROM: DEPARTMENT OF HEALTH AND HUMAN SERVICES
April 16, 2012
A Statement from Secretary Sebelius on the Administration for Community Living

All Americans – including people with disabilities and seniors – should be able to live at home with the supports they need, participating in communities that value their contributions – rather than in nursing homes or other institutions.

The Obama administration and my department have long been committed to promoting community living and finding new mechanisms to help ensure that the supports people with disabilities and seniors need to live in the community are accessible. 

Today, with the creation of the new Administration for Community Living (ACL), we are reinforcing this commitment by bringing together key HHS organizations and offices dedicated to improving the lives of those with functional needs into one coordinated, focused and stronger entity.

The Administration for Community Living will bring together the Administration on Aging, the Office on Disability and the Administration on Developmental Disabilities into a single agency that supports both cross-cutting initiatives and efforts focused on the unique needs of individual groups, such as children with developmental disabilities or seniors with dementia. This new agency will work on increasing access to community supports and achieving full community participation for people with disabilities and seniors. 

The Administration on Community Living will seek to enhance and improve the broad range of supports that individuals may need to live with respect and dignity as full members of their communities. These support needs go well beyond health care and include the availability of appropriate housing, employment, education, meaningful relationships and social participation.

Building on President Obama’s Year of Community Living, the ACL will pursue improved opportunities for older Americans and people with disabilities to enjoy the fullest inclusion in the life of our nation.