U.S. DEPARTMENT OF STATE, USAID AND WORLD PRESS FREEDOM DAY

FROM:  U.S. STATE DEPARTMENT
Highlights of the U.S. Department of State and USAID's Efforts to Support Press and Media Freedom
Media Note Office of the Spokesperson Washington, DC
May 3, 2012
On World Press Freedom Day—and every day—the United States honors and supports media freedom at home and abroad. Press freedom is a key element of the freedom of expression, which is a foundation for other universal human rights. In 2011, the United States hosted the international World Press Freedom Day activities in Washington, D.C. This year, Assistant Secretary of State for International Organizations Esther Brimmer is leading the U.S. delegation to a World Press Freedom conference in Tunisia, May 2-6; Deputy Assistant Secretary of State Kathy Fitzpatrick of the Bureau of Democracy, Human Rights, and Labor will also attend.

As a part of its "Free the Press" campaign, the Department of State is documenting on www.HumanRights.govemblematic cases of journalists living and working under threat and duress because of their efforts to exercise the freedom of expression. We call on all governments to protect the universal human right to freedom of expression.

Advancing media freedom is a regular part of U.S. diplomatic work. We advocate for freedom of expression and raise media freedom issues, including specific cases, in bilateral discussions with other governments and in multilateral bodies, including but not limited to the UN Human Rights Council, the Organization for Security and Cooperation in Europe (OSCE), and the Organization of American States. At the OSCE, for example, the United States has been a leading voice for freedom of expression and the defense of journalists, and championed a Ministerial Declaration to support fundamental freedoms in the Digital Age.

The Department of State reports on the state of media freedom around the world—and threats to journalists—through the Country Reports on Human Rights Practices. USAID's Media Sustainability Index measures the media environment in countries in the Middle East, Africa, Europe, and Eurasia.
With support from Congress, the Department of State and USAID fund foreign assistance and exchange programs that support a free press and Internet freedom.

Foreign assistance supports the development of local and independent print, TV, radio, and online media; advocacy for legal and regulatory reform in support of media freedom and the free flow of information; general and issue-specific journalism training, including for women, youth, and marginalized groups; and security training and emergency assistance for journalists and bloggers. Since 2009, we have allocated approximately $300 million for such programs.

The Department of State's Bureau of Educational and Cultural Affairs Edward R. Murrow Program for Journalists has welcomed more than 900 rising international journalists to the United States since 2006. According to a recent report evaluating media exchanges from 2001-2006, the 1,600 journalists and media professionals who participated in various Department of State exchange programs engage in activities that promote greater press freedom once they return home, such as advocating for freedom of information; protecting journalists’ rights, and adopting new professional and ethical standards. For more information, please consult the full report or executive summary.

PENTAGON FORCE PROTECTION AGENCY TURNS TEN YEARS OLD

FROM:  AMERICAN FORCES PRESS SERVICE 
Photo:  U.S. Navy
Agency Marks Decade of Protecting Pentagon
By Jim Garamone
WASHINGTON, May 2, 2012 - The Pentagon is a symbol of American military might, and that makes it a target that must be protected, Defense Secretary Leon E. Panetta said here today during a 10th anniversary celebration of the Pentagon Force Protection Agency.

The organization grew from the ashes of Sept. 11, 2001, when 184 people died in the terror attack on the building.

The agency secures the Pentagon and 116 other properties that make up the Pentagon reservation. "We cannot do what we do without you," Panetta told the organization's men and women at today's observance.

"I see a lot of you every day, and I know that wherever you're stationed, I always feel a lot better knowing that you are there protecting this building," he said.

Panetta noted that the observance was taking place a year and a day after 9/11's architect was killed. "Just yesterday, the nation marked one year since the operation that successfully took down Osama bin Laden," he said. "It was a day that I hope Americans take the time to thank the very dedicated intelligence and military professionals who planned and executed that raid that delivered justice to al-Qaida's leader."

Panetta was CIA director during the operation. "I have to tell you, to this day that it was a remarkable experience and one of the greatest memories in 40 years that I've been in Washington," he said. "Having the opportunity to work with the intelligence professionals, to work with Adm. Bill McRaven (then chief of the Joint Special Operations Command), to work with the SEALs in that operation was incredible. This was because of the professionalism and great dedication involved with that mission. It was the kind of stuff that makes you proud to be an American."

The men and women of the Pentagon Force Protection Agency play a vital role in ensuring the people who work at the Pentagon can accomplish their mission, Panetta said. "Your mission of protecting those that protect America is critical," he said. "Frankly, we could not do our jobs without you. It allows the roughly 23,000 employees here at the Pentagon to focus on their jobs, because they all know that there are dedicated men and women who put their lives on the line every day to protect us."

The agency grew from the Federal Protective Service and the Defense Protective Service, said Agency Director Steven Calvery. Following 9/11, the agency took a different turn, and its ranks now include law enforcement officers, physical security personnel, investigators and technicians trained to handle terrorist attacks, explosives or weapons of mass destruction. The agency provides vital protection across the board for the Pentagon.

And the building needs that protection, "because the Pentagon is much more than just an extremely large, odd-shaped building," Panetta said. "The Pentagon is a symbol. It is an unmistakable symbol of United States military power."

In the 10 years since its founding, the agency has faced down many challenges. In 2010, two officers, Jeffrey Amos and Marvin Carraway, were wounded as they shot a lone gunman who tried to break into the building. "Who knows how many casualties would have resulted if he had gained entry?" Panetta said. "Thankfully, he was stopped by the swift reaction of our brave police officers."

Officer James Feltis was another agency officer who displayed selfless service. In January 2005, he spotted a car coming the wrong way up an exit ramp, and without considering the risks, stepped out of his booth to try to stop the car. The vehicle, which had been carjacked by an armed robber, gained speed and struck Feltis, who died a month later of his injuries. He is the lone agency officer to die in the line of duty. His widow, Mary, attended the 10th anniversary celebration.

"You and your family will always be part of our defense family," Panetta told her.
Panetta thanked all members of the agency for their support and professionalism. Jonathan H. Cofer, the agency's deputy director, joined Officer Michael Marker and K-9 Officer Duke in surprising Panetta by making the secretary's dog Bravo an honorary member of the Pentagon's K-9 corps.

SCIENTISTS TO STUDY THUNDERSTORM INFLUENCE ON AIR AT HIGH ALTITUDES

Photo:  Lightning Strike View From USS Lincoln, U.S. Navy 
FROM:  NATIONAL SCIENCE FOUNDATION
Scientists Across U.S. Launch Study of Thunderstorm Effects on Upper Atmosphere
May 1, 2012
Scientists are targeting thunderstorms in Alabama, Colorado and Oklahoma this spring to discover what happens when clouds suck air many miles into the atmosphere from Earth's surface.

The Deep Convective Clouds & Chemistry (DC3) Experiment, which begins in mid-May, will explore the influence of thunderstorms on air just beneath the stratosphere, a region that influences Earth's climate and weather patterns.
Scientists will use three research aircraft, mobile radars, lightning mapping arrays and other tools to pull together a comprehensive picture.
"We tend to associate thunderstorms with heavy rain and lightning, but they also shake things up at the top of the cloud level," says National Center for Atmospheric Research (NCAR) scientist Chris Cantrell, a DC3 principal investigator.
"Their effects high in the atmosphere in turn have effects on climate that last long after the storm dissipates."

While past field projects have focused on thunderstorm details with only some chemistry information, or on chemistry with limited data on storms, DC3 is the first to take a comprehensive look at both chemistry and thunderstorm details, including air movement, cloud physics and electrical activity.

The scientists leading the project are from NCAR, Penn State University, Colorado State University, and the National Oceanic and Atmospheric Administration (NOAA), with involvement by more than 100 researchers from 26 organizations.
Funding for DC3 is from the National Science Foundation (NSF), NOAA and NASA.
One of the key goals of DC3 is exploring the role of thunderstorms in forming upper-atmosphere ozone, a greenhouse gas that has a strong warming effect high in the atmosphere.

"The internal structure of thunderstorms and the lightning that accompanies them differs considerably across the country," says Brad Smull, director of NSF's physical and dynamic meteorology program. "That in turn affects the chemical processes inside these storms."

When thunderstorms form, air near the ground has nowhere to go but up, says NCAR scientist Mary Barth, a principal investigator on the project. "Suddenly you have an airmass at high altitude that's full of chemicals that can produce ozone."

Ozone in the upper atmosphere plays an important role in climate change by trapping significant amounts of energy from the sun.

However, ozone is difficult to track because, unlike most greenhouse gases, it is not directly emitted by either pollution sources or natural processes.
Instead, sunlight triggers interactions between pollutants such as nitrogen oxides and other gases, and those reactions create ozone.

These interactions are well understood at the Earth's surface, but have not been measured at the top of the troposphere, the lowest layer of the atmosphere just below the stratosphere.

Updrafts in thunderstorm clouds range from about 20 to 100 miles per hour, so air arrives at the top of the troposphere, about 6 to10 miles up, with its pollutants relatively intact.
The polluted airmasses don't keep rising indefinitely because of the barrier between the troposphere and stratosphere, called the tropopause.

"In the mid-latitudes, the tropopause is like a wall," says Barth. "The air bumps into it and spreads out."

The DC3 scientists will fly through these plumes to collect data as a storm is underway.
They'll fly again the next day to find the same air mass, using its distinctive chemical signature to see how it has changed over time.
Pollution isn't the only source of nitrogen oxides, the ozone precursor. Lightning strikes also produce nitrogen oxides.

"We are pretty sure lightning is the largest natural source of nitric oxide," says NOAA National Severe Storms Laboratory scientist Don MacGorman. "It is important to know the naturally occurring contribution."

The DC3 investigators are looking at three widely separated sites in northern Alabama, northeastern Colorado, and central Oklahoma to west Texas.
All three sites have existing weather instrumentation on the ground, including dual-Doppler research radars, lightning mapping arrays, and balloon launches to measure the state of the atmosphere from the ground to the stratosphere.

Scientists at each of the sites will combine data from radars with Doppler capabilities (for wind information) and polarimetric capabilities (for wind and cloud particle information) with lightning mapping arrays.

The results will improve understanding of how storms produce lightning, and of how to use lightning mapping data to improve storm forecasts and warnings.

The three research aircraft will be based at Salina Municipal Airport, Kan., a location central to all three study areas. Each day, they will fly to whichever area has the most promising forecast for thunderstorms suitable for study.

The NSF/NCAR Gulfstream V research aircraft will do the bulk of the high-altitude measurements.

Simultaneously, a NASA DC-8 will fly as low as 1,000 feet above the ground, measuring air flowing into the clouds at their bases as well as the chemistry of surrounding air.
The third research aircraft, a Dassault Falcon 20E operated by the German space agency will join DC3 for three weeks and fly especially close to storm cores at high altitudes.
The multiple sites will enable the scientists to study different types of atmospheric environments.

Alabama has more trees and thus more natural emissions; the Colorado site is sometimes downwind of Denver's pollution; the Oklahoma and west Texas site may offer clean air.
"The more different regions we can study, the more we can understand how thunderstorms affect our climate," Barth says.

Alex Pszenny, NSF program director for atmospheric chemistry, adds: "The simultaneous chemistry measurements from three of the world's most sophisticated research aircraft--combined with data from state-of-the-art radar and lightning sensor technology--will give DC3 scientists the opportunity to make major advances in understanding these chemical processes."

SAILORS PREVIEW MOVIE "BATTLESHIP"

FROM:  U.S. NAVY
Photo:  USS Missouri from U.S. Navy
JB Pearl Harbor-Hickam Sailors Preview 'Battleship'
By Mass Communication Specialist 2nd Class (SW) Mark Logico, Commander, Navy Region Hawaii Public Affairs

PEARL HARBOR (NNS) -- More than 450 Sailors, and their friends and families, attended the advance screening of Universal Studio's "Battleship" at Sharkey Theater on Joint Base Pearl Harbor-Hickam, April 28.
Filming for the movie in Hawaii began in 2010 when hundreds of Hawaii-based Sailors, veterans and Navy ships played parts in the movie. The movie featured the capabilities of U.S. Navy destroyers and WWII veterans. In January 2010, even the Battleship Missouri Memorial sailed out to sea for some initial filming.

"We don't put enough attention with our elders, in particular our veterans," said Peter Berg, the director of the movie. "By far my favorite moment on Battleship is getting to meet these veterans. Some of those guys are in their 90s, and they would come on board with the energy of a 20 year old. They had all these stories. They were having the best time. They get to be on their ship. That was, by far, my career highlight."

The cast of Battleship, including Peter Berg, Taylor Kitsch, Brooklyn Decker, Alexander Skarsgard, and Rihanna, were all at Sharkey Theater to greet the audience.

"There was a time when Hollywood didn't see eye-to-eye with the military, and I really think that time is no more," said Berg. "I think that Soldiers feel it. Soldiers are coming home from Iraq and Afghanistan to a different reception then they did when they came back from Vietnam, and I think that's great. I'm just glad to be able to do my part to pay respect."

The movie also featured Col. Gregory Gadson, the Director of the U.S. Army Wounded Warrior Program, who is a Wounded Warrior himself. Gadson, who lost both his legs because of an improvised explosive device in 2007, practically played himself as Lt. Col. Mick Canales fighting aliens in the movie.

"I like to say that fighting aliens is no different than fighting a human," said Gadson. "If you're fighting for your life, you're going to do whatever it takes to win."

Gadson said he hopes the movie would also help all warriors, wounded or otherwise, and let them know that life can go on.

"You've got to put behind you what's happened in the past," said Gadson. "When you have an opportunity to learn and to go through hard experiences, you can come out the other side and live a productive life."

To prepare for her role in the movie, Rhianna enlisted the help of Gunner's Mate 2nd Class Jacquelyn Carrizosa, assigned aboard USS Ronald Reagan (CVN 76) during the filming in 2010.

"She really helped me out," said Rihanna. "I paid attention to her, everything about the way she dressed, the way she walked, her mannerisms, how she spoke, how collected she was. That was very crucial to me playing this part. She was a pretty girl but very, very tough. Her demeanor was so quiet and sweet, and then you see her put on this uniform and she walks on the set, she's a whole different beast. She helps me as a friend but when she gets in her element she's very intimidating."

During the filming, Rihanna and the rest of the cast interacted with many of the Sailors in Hawaii so the actors could better understand their roles in the movie.

"I was exposed to a lot of things that I didn't know about the Navy, just seeing their demeanor, where you lived, where you stayed," said Rihanna. "I heard about how long you guys stayed at sea without your family. It really was an awakening for me. It made me appreciate what you guys do so much more."

The film opens officially in U.S. theaters on May 18. The movie is based on a board game of the same name. It is about how a fleet of ships is forced to fight an armada of alien ships.

"The film is going to expose a lot of what the Navy does, and no one knows how these ships are fought and how the day-to-day stuff is," said Kitsch. "I love how we exposed a lot of that. You read about the sacrifice and what it means to wear the uniform, and I think that's what hit me the most. Not just meeting the Sailors and everyone, that's a part of it, but the families, the sacrifices that they make as well. That was probably the biggest one that I took away: how much sacrifice that is."

U.S. EXPORT-IMPORT BANK SIGNS DEAL TO FACILITATE TRADE BETWEEN U.S. AND MONGOLIA

                                                        Map:  Central Intelligence Agency
FROM:  U.S. EXPORT-IMPORT BANK
Ex-Im Bank, Development Bank of Mongolia Sign MOU to Facilitate Trade Partnership Between Countries
Ex-Im Chairman conducting first business development mission to Mongolia
Ulaanbaatar, Mongolia: The Export-Import Bank of the United States (Ex-Im Bank) and the Development Bank of Mongolia signed a memorandum of understanding (MOU) on May 1st to facilitate trade opportunities between the United States and Mongolia.

Ex-Im Bank Chairman and President Fred P. Hochberg and Development Bank Chaiman Bazarsuren Batjargal signed the agreement at the Government House of Mongolia.
“Mongolia has one of the fastest growing economies in the world, and there are enormous opportunities for U.S. businesses to help meet the country’s growing infrastructure needs,” said Fred P. Hochberg, chairman and president of Ex-Im Bank. “Signing this document represents a pledge of cooperation, and we look forward to working together on upcoming projects that benefit both of our countries.”

Chairman Hochberg is on a business-development mission in Mongolia to encourage sourcing of U.S. products and services for regional infrastructure projects. The Bank has historically had limited exposure in the country, however, several products are currently in the pipeline that will increase Ex-Im’s activity.
This is Hochberg’s first visit to Mongolia, and it is the first recorded visit of an Ex-Im Bank chairman to the country since the Bank was formed in 1934.

About Ex-Im Bank:
Ex-Im Bank is an independent federal agency that helps create and maintain U.S. jobs by filling gaps in private export financing at no cost to American taxpayers. In the past five years, Ex-Im Bank has earned for U.S. taxpayers $1.9 billion above the cost of operations. The Bank provides a variety of financing mechanisms, including working capital guarantees, export-credit insurance and financing to help foreign buyers purchase U.S. goods and services.

Ex-Im Bank approved $32.7 billion in total authorizations in FY 2011 -- an all-time Ex-Im record. This total includes more than $6 billion directly supporting small-business export sales -- also an Ex-Im record.

107 INDIVIDUALS CHARGED IN $452 MILLION MEDICARE FALSE BILLING SCHEMES

FROM:  U.S. DEPARTMENT OF JUSTICE
Wednesday, May 2, 2012
Medicare Fraud Strike Force Charges 107 Individuals for Approximately $452 Million in False Billing

Attorney General Eric Holder and Health and Human Services (HHS) Secretary Kathleen Sebelius announced today that a nationwide takedown by Medicare Fraud Strike Force operations in seven cities has resulted in charges against 107 individuals, including doctors, nurses and other licensed medical professionals, for their alleged participation in Medicare fraud schemes involving approximately $452 million in false billing.

Attorney General Holder and Secretary Sebelius were joined in the announcement by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, FBI Deputy Director Sean Joyce, Deputy Inspector General for Investigations Gary Cantrell of the HHS Office of Inspector General (HHS-OIG) and Dr. Peter Budetti, Deputy Administrator for Program Integrity of the Centers for Medicare and Medicaid Services (CMS).

This coordinated takedown involved the highest amount of false Medicare billings in a single takedown in strike force history.

HHS also suspended or took other administrative action against 52 providers following a data-driven analysis and credible allegations of fraud.  The new health care law, the Affordable Care Act, significantly increased HHS’s ability to suspend payments until an investigation is complete.

The joint Department of Justice and HHS Medicare Fraud Strike Force is a multi-agency team of federal, state and local investigators designed to combat Medicare fraud through the use of Medicare data analysis techniques.   More than 500 law enforcement agents from the FBI, HHS-Office of Inspector General (HHS-OIG), multiple Medicaid Fraud Control Units, and other state and local law enforcement agencies participated in the takedown.   In addition to making arrests, agents also executed 20 search warrants in connection with ongoing strike force investigations.

“The results we are announcing today are at the heart of an Administration-wide commitment to protecting American taxpayers from health care fraud, which can drive up costs and threaten the strength and integrity of our health care system,” said Attorney General Holder.   “We are determined to bring to justice those who violate our laws and defraud the Medicare program for personal gain.   As today’s takedown reflects, our ongoing fight against health care fraud has never been more coordinated and effective.”
“Today’s arrests send a strong message to criminals that the consequences of committing Medicare fraud are serious,” said HHS Secretary Sebelius.  “In addition to these arrests, we used new authority from the health care law to stop all future payments to 52 health care providers suspected of fraud before they are ever made.  Today’s actions are another example of how the Affordable Care Act is helping the Obama Administration fight fraud and strengthen the Medicare program.”

The defendants charged are accused of various health care fraud-related crimes, including conspiracy to commit health care fraud, health care fraud, violations of the anti-kickback statutes and money laundering.   The charges are based on a variety of alleged fraud schemes involving various medical treatments and services such as home health care, mental health services, psychotherapy, physical and occupational therapy, durable medical equipment (DME) and ambulance services.

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare for treatments that were medically unnecessary and oftentimes never provided.   In many cases, court documents allege that patient recruiters, Medicare beneficiaries and other co-conspirators were paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could submit fraudulent billing to Medicare for services that were medically unnecessary or never provided.  Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of conspiring to submit a total of approximately $452 million in fraudulent billing.

“As charged in the indictments, these fraud schemes were committed by people up and down the chain of healthcare providers,” said Assistant Attorney General Breuer.   “Today’s operations mark the fourth in a series of historic Medicare fraud takedowns over the past two years.   These indictments remind us that Medicare is an attractive target for criminals.   But it should also remind those criminals that they risk prosecution and prison time every time they submit a false claim.”

“Health care fraud is not a victimless crime,” said FBI Deputy Director Joyce.  “Every person who pays for health care benefits, every business that pays higher insurance costs to cover their employees, every taxpayer who funds Medicare—all are victims.  The FBI will continue to work closely with our federal, state and local law enforcement partners to address health care vulnerabilities, fraud and abuse.  We will use every tool we have to ensure our health care dollars are used to care for the sick—not to line the pockets of criminals.”

“Today over 200 OIG Special Agents, Forensic Examiners and Analysts have deployed throughout the country to ensure that those responsible for committing Medicare fraud are held accountable,” said HHS-OIG Deputy Inspector General Cantrell.  “OIG is committed to the strike force model and will continue to use advanced data analytics along with traditional investigative methods to root out those who steal from our Medicare program.”

In Miami, a total of 59 defendants, including three nurses and two therapists, were charged today and yesterday for their participation in various fraud schemes involving a total of $137 million in false billings for home health care, mental health services, occupational and physical therapy, DME and HIV infusion.   Two of these 59 defendants were originally charged in April 2012 but were indicted on additional charges today.   In one case, 10 defendants were charged for participating in a fraud scheme at Health Care Solutions Network, which led to approximately $63 million in fraudulent billing for community mental health center (CMHC) services.   Court documents allege that therapists at Health Care Solutions Network were instructed to alter notes and other medical documents to justify CMHC services for beneficiaries who did not need the services.

Seven individuals were charged today in Baton Rouge, La., for participating in a fraud scheme involving $225 million in false claims for CMHC services.   The case represents the largest CMHC-related scheme ever prosecuted by the Medicare Fraud Strike Force.   According to court documents, the defendants recruited beneficiaries from nursing homes and homeless shelters, some of whom were drug addicted or mentally ill, and provided them with no services or medically inappropriate services.

In Houston, nine individuals, including one doctor and one nurse, were charged today with fraud schemes involving a total of $16.4 million in false billings for home health care and ambulance services.   According to court documents, the owners and operators of four different ambulance companies billed Medicare for ambulance rides that were medically unnecessary.

Eight defendants, including two doctors, were charged in Los Angeles for their roles in schemes to defraud Medicare of approximately $14 million.  In one case, two individuals allegedly billed Medicare for more than $8 million in fraudulent billing for DME.
In Detroit, 22 defendants, including four licensed social workers, were charged for their roles in fraud schemes involving approximately $58 million in false claims for medically unnecessary services, including home health, psychotherapy and infusion therapy.
In Tampa, Fla., a pharmacist was charged with illegal diversion of controlled substances.   One defendant was charged last week in Chicago for his alleged role in a scheme to submit approximately $1 million in false billing to Medicare for psychotherapy services.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.

Since their inception in March 2007, strike force operations in nine locations have charged more than 1,330 defendants who collectively have falsely billed the Medicare program for more than $4 billion.

In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The cases announced today are being prosecuted and investigated by Medicare Fraud Strike Force teams comprised of attorneys from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorneys’ Offices for the Southern District of Florida, the Eastern District of Michigan, the Southern District of Texas, the Central District of California, the Middle District of Louisiana, the Northern District of Illinois, and the Middle District of Florida, and agents from the FBI, HHS-OIG and state Medicaid Fraud Control Units.

An indictment is merely a charge and defendants are presumed innocent until proven guilty.

USS INDEPENDENCE ARRIVES AT HOME PORT

The littoral combat ship USS Independence (LCS 2) arrives at homeport in San Diego. After two years of training off the coast of Florida, the ship's 23-day transit from Mayport, Fla., to San Diego marks the successful completion of testing of the mine countermeasures mission package to detect, localize, and destroy mines in a tactical environment. Independence also transited the Panama Canal and conducted a port visit and operations with the Mexican navy. U.S. Navy photo by Senior Chief Mass Communication Specialist Robert Winkler

EXPLOSIVE ORDINANCE DISPOSAL MOBILE UNIT 2 IN TRAINING

FROM:  U.S. NAVY
Mass Communication Specialist 1st Class Shane Tuck, assigned to the underwater photo team of Expeditionary Combat Camera, climbs a ladder into an SH60 Sea Hawk helicopter during cast and recovery training with Explosive Ordnance Disposal Mobile Unit (EODMU) 2. Both units are deployed with Commander Task Group (CTG) 56.1, which provides maritime security operations and theater security cooperation efforts in the 5th Fleet area of responsibility. U.S. Navy Photo by Mass Communication Specialist 1st Class Jayme Pastoric (Released)

BRIEFING ON ATROCITIES PREVENTION BOARD

FROM:  U.S. STATE DEPARTMENT
Remarks at a Briefing to the Diplomatic Community on the Atrocities Prevention Board
Remarks Maria Otero
Under Secretary for Civilian Security, Democracy, and Human Rights Dean Acheson Auditorium
Washington, DC
April 23, 2012
Good afternoon. I am Maria Otero, the Under Secretary of State for Civilian Security, Democracy and Human Rights. It is my pleasure to welcome all of you here to the Department of State. I am glad to see that the topic of prevention of mass atrocities is one that draws so many ambassadors and other members of the diplomatic corps.

This morning at the Holocaust Museum, President Obama commemorated the Holocaust by officially launching the U.S. government’s new Atrocities Prevention Board or APB. The establishment of this Board reflects President Obama’s commitment to finding ways to make “never again” a reality in the 21st Century.

Last August, President Obama issued Presidential Study Directive Number 10 on Mass Atrocities. The very first line of that directive reads, “Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States.”

To make sure we further that interest and fulfill that responsibility, the President directed the first-ever comprehensive study of the U.S. government’s atrocity-prevention capabilities. Today, President Obama approved nearly 50 recommendations from the Study to institutionalize the coordination of a whole-of-government approach to preventing mass atrocities. Among those recommendations are ideas that we hope will:
Allow us to see warning signs of atrocities earlier;
Help us develop a wider range of options to prevent atrocities sooner;
And allow us to act before the costs become too great.
The President also noted that it is important that we work with partners in the international community, with UN organizations, and with civil society in our effort to prevent atrocities. As one example, today at the White House, the Board met with activists and NGOs who have been responsible for campaigns to stop atrocities, such as those perpetrated by Joseph Kony and the LRA.

Following the President’s speech, the Atrocities Prevention Board met for the first time. The Board is comprised of a dozen U.S. federal government agencies and offices -- including the Departments of Homeland Security, Justice, Treasury, Defense and USAID. It is chaired by Samantha Power, the President’s Senior Director for Multilateral Affairs and Human Rights. Secretary Clinton asked me to represent the State Department on the Board, allowing me to ensure that the Board has the benefit of the strengths of all the Offices and Bureaus in my new Under Secretariat for Civilian Security, Democracy and Human Rights.

This includes not only the colleagues on the stage with me today, but also Bureaus handling population and refugee issues, democracy and human rights, narcotics and law enforcement and counter-terrorism. Leading roles in the State Department Task Force on Atrocity Prevention have also been played by our Bureau of International Organizations, the Office of our Legal Advisor, and our regional bureaus, all of whom have representatives here today. Together, we will work closely with our regional bureaus, drawing from their expertise, to ensure that the U.S. government recognizes and acts on early indicators of potential mass atrocities.

We will use new tools and improve old ones to prevent and respond to atrocities. The State Department and USAID are increasing the ability of the U.S. government to rapidly increase and deploy experts in protecting civilians to crisis areas. We will track lessons from atrocity-prevention and response, increase the capacity of the foreign service, armed services, and development professionals to engage in smart prevention.
And we will continue to encourage deep and broad support among our global partners, including international and regional organizations, to share the burdens of atrocity prevention and response.

The launch of the Atrocities Prevention Board is an important step but it is just the beginning of the hard work. Just because we have organized ourselves better to prevent and respond to atrocities does not mean that atrocities will not continue to happen. But we seek as part of this Study Directive to better understand, prevent, and respond to atrocities wherever they might happen in the world.

I will now introduce the other panelists. First, Ambassador Rick Barton is the Assistant Secretary of State for Conflict and Stabilization Operations. CSO has deployable civilian engagement teams that focus on the early stages of conflict in particular countries, including those in which risks for mass atrocities are evident. Ambassador Barton has a deep background in conflict prevention having worked in Rwanda, Bosnia, Guatemala, Nigeria, among many others.

Next we will hear from Stephen Rapp, the Ambassador-at-Large for Global Criminal Justice. The office coordinates U.S. government support for existing international and hybrid courts that are trying persons responsible for mass atrocity crimes. The office also helps support domestic tribunals to investigate, judge, and deter atrocity crimes in every region of the globe. Before joining the State Department, Ambassador Rapp served as Prosecutor of the Special Court for Sierra Leone as well as Chief of Prosecutions at the International Criminal Tribunal for Rwanda.

Finally, we will hear from Assistant Secretary Esther Brimmer, who leads the Bureau of International Organization Affairs. That bureau works on topics including human rights, peacekeeping, and humanitarian relief through the United Nations and other international organizations. Immediately prior to her appointment, Dr. Brimmer was Deputy Director and Director of Research at the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies (SAIS) at The Johns Hopkins University. Earlier in her career she served on the staff of the Carnegie Commission on Preventing Deadly Conflict.

EPA TO SPEND $20 MILLION TO MONITOR UNREGULATED CONTAMINANTS

FROM:  ENVIRONMENTAL PROTECTION AGENCY
EPA to Work with Drinking Water Systems to Monitor Unregulated Contaminants
WASHINGTON – The U.S. Environmental Protection Agency (EPA) today published a list of 28 chemicals and two viruses that approximately 6,000 public water systems will monitor from 2013 to 2015 as part of the agency’s unregulated contaminant monitoring program, which collects data for contaminants suspected to be present in drinking water, but that do not have health-based standards set under the Safe Drinking Water Act.

EPA will spend more than $20 million to support the monitoring, the majority of which will be devoted to assist small drinking water systems with conducting the monitoring. The data collected under the Unregulated Contaminant Monitoring Rule 3 (UCMR 3) will inform EPA about the frequency and levels at which these contaminants are found in drinking water systems across the United States and help determine whether additional protections are needed to ensure safe drinking water for Americans. State participation in the monitoring is voluntary. EPA will fund small drinking water system costs for laboratory analyses, shipping and quality control.

The list of contaminants to be studied includes total chromium and hexavalent chromium, also known as chromium-6. Addressing hexavalent chromium in drinking water is a priority for EPA Administrator Lisa P. Jackson. In January 2011, EPA issued guidance to all water systems on how to assess the prevalence of hexavalent chromium and in the March 2011 proposal for UCMR 3, EPA invited comments on whether the agency should include chromium in the final rule. Public comments received by EPA were strongly supportive of adding total chromium and hexavalent chromium for monitoring.

“The monitoring that will take place will provide EPA with invaluable information about what municipalities are seeing in their drinking water all across the country,” said EPA acting assistant administrator for Water Nancy Stoner. “The results of this multi-year monitoring effort will help inform EPA’s work to ensure Americans receive safe drinking water.”

EPA selected the contaminants by first reviewing the agency’s contaminant candidate list, which highlights priority contaminants that need additional research to support future drinking water protections. The contaminants on the list are known or anticipated to occur in public water systems. However, they are not addressed by existing national drinking water standards. Additional contaminants of concern were selected based on current occurrence research and health-risk factors.

EPA has standards for 91 contaminants in drinking water, and the Safe Drinking Water Act requires that EPA identify up to 30 additional unregulated contaminants for monitoring every five years.

AL QAEDA MEMBER CONVICTED OF PLOTTING ATTACK ON NEW YORK SUBWAYS AND OTHER TERRORIST ACTS

FROM:  U.S. DEPARTMENT OF JUSTICE
Tuesday, May 1, 2012
Al Qaeda Operative Convicted by Jury in One of the Most Serious Terrorist Plots Against America since 9/11Defendant and Co-Plotters Came Within Days of Suicide Bombing of New York Subways Defendant Attempted Suicide Attack on Whitestone Expressway in Queens, New York

BROOKLYN, N.Y. – Earlier today, following a four-week trial, Adis Medunjanin, 28, a Queens, N.Y., resident who joined al-Qaeda and plotted to commit a suicide terrorist attack, was found guilty of multiple federal terrorism offenses.  The defendant and his accomplices came within days of executing a plot to conduct coordinated suicide bombings in the New York City subway system in September 2009, as directed by senior al-Qaeda leaders in Pakistan.  When the plot was foiled, the defendant attempted to commit a terrorist attack by crashing his car on the Whitestone Expressway in New York in an effort to kill himself and others.

The guilty verdict was announced by Loretta E. Lynch, U.S. Attorney for the Eastern District of New York, and Lisa Monaco, Assistant Attorney General for National Security.

The government’s evidence in this and related cases established that in 2008, Medunjanin and his co-plotters, Najibullah Zazi and Zarein Ahmedzay, agreed to travel to Afghanistan to join the Taliban and kill U.S. military personnel abroad.  They arrived in Peshawar, Pakistan, in late August 2008, but Medunjanin and Ahmedzay were turned back at the Afghanistan border.  Within days, Medunjanin, Zazi and Ahmedzay met with an al-Qaeda facilitator in Peshawar and agreed to travel to Waziristan for terrorist training.  There, they met with al-Qaeda leaders Saleh al-Somali, then the head of al-Qaeda external operations, and Rashid Rauf, a high-ranking al-Qaeda operative, who explained that the three would be more useful to al-Qaeda and the jihad by returning to New York and conducting terrorist attacks.

In Waziristan, Medunjanin, Zazi and Ahmedzay received al-Qaeda training on how to use various types of high-powered weapons, including the AK-47, PK machine gun and rocket-propelled grenade launcher.  During the training, al-Qaeda leaders continued to encourage Medunjanin and his fellow plotters to return to the United States to conduct “martyrdom” operations and emphasized the need to hit well-known targets and maximize the number of casualties.  Medunjanin, Zazi and Ahmedzay agreed and discussed the timing of the attacks and possible target locations in Manhattan, including the subway system, Grand Central Station, the New York Stock Exchange, Times Square and movie theaters.

Upon their return to the United States, Medunjanin, Zazi and Ahmedzay met and agreed to carry out suicide bombings during the Muslim holiday of Ramadan, which fell in late August and September 2009.  Zazi would prepare the explosives, and all three would conduct coordinated suicide bombings.  In July and August 2009, Zazi purchased large quantities of component chemicals necessary to produce the explosive TATP (Triacetone Triperoxide) and twice checked into a hotel room near Denver to mix the chemicals.  Federal investigators later found bomb-making residue in the hotel room.

On Sept. 8, 2009, Zazi drove from Denver to New York, carrying operational detonator explosives and other materials necessary to build bombs.  However, shortly after arriving in New York, he learned that law enforcement was investigating the plotters’ activities.  The men discarded the explosives and other bomb-making materials, and Zazi traveled back to Denver, where he was arrested on Sept. 19, 2009.

On Jan. 7, 2010, law enforcement agents executed a search warrant at Medunjanin’s residence.  Shortly thereafter, Medunjanin left his apartment and attempted to turn his car into a weapon of terror by crashing it into another car at high speed on the Whitestone Expressway.  Moments before impact, Medunjanin called 9-1-1, identified himself and left his message of martyrdom, shouting an al-Qaeda slogan:  “We love death more than you love your life.”
       
Today, Medunjanin was convicted of conspiring to use weapons of mass destruction, conspiring to commit murder of U.S. military personnel abroad, providing and conspiring to provide material support to al-Qaeda, receiving military training from al-Qaeda, conspiring and attempting to commit an act of terrorism transcending national boundaries, and using firearms and destructive devices in relation to these offenses.  When sentenced by U.S. District Judge John Gleeson on Sept. 7, 2012, Medunjanin faces a mandatory sentence of life in prison.  To date, seven defendants, including Medunjanin, Zazi and Ahmedzay, have been convicted in connection with the al-Qaeda New York City bombing plot and related charges.

“Adis Medunjanin was an active and willing participant in one of the most serious terrorist plots against the homeland since 9/11.  Were it not for the combined efforts of the law enforcement and intelligence communities, the suicide bomb attacks that he and others planned would have been devastating,” said Assistant Attorney General Monaco.  “I thank the many agents, analysts and prosecutors who helped bring about today’s result.  I also thank our counterparts in the United Kingdom for their assistance in this investigation and prosecution.”

“Justice was served today in Brooklyn, as a jury of New Yorkers convicted an al-Qaeda operative bent on terrorism, mass murder and destruction in the New York City subways,” said U.S. Attorney Lynch.  “Adis Medunjanin’s journey of radicalization led him from Flushing, Queens, to Peshawar, Pakistan, to the brink of a terrorist attack in New York City – and soon to a lifetime in federal prison.  As this case has proved, working against sophisticated terrorist organizations and against the clock, our law enforcement and intelligence agencies can detect, disrupt and destroy terrorist cells before they strike, saving countless innocent lives.”

U.S. Attorney Lynch expressed her gratitude and appreciation to the FBI Joint Terrorism Task Force in New York and each of the federal, state and local law enforcement personnel who took part in the investigation, as well as to the law enforcement authorities in the United Kingdom and Norway who assisted with the case.

U.S.-PANAMA SIGN AGREEMENT ON ENVIRONMENTAL COOPERATION

FROM:  U.S. STATE DEPARTMENT
Signing of the U.S.-Panama Agreement on Environmental Cooperation
Media Note Office of the Spokesperson Washington, DC
May 2, 2012
On May 2, the United States and Panama signed an Environmental Cooperation Agreement (ECA). The ECA will help ensure that trade and environmental policies work together to provide greater economic opportunities for businesses and workers in the United States and Panama. The ECA recognizes the U.S. and Panama’s commitment to expanding cooperation on environmental matters. As a complement to the U.S.-Panama Trade Promotion Agreement, the ECA establishes a framework for bilateral cooperation to protect the environment and promote sustainable development in concert with the U.S.-Panama trade and investment relationship.

The ECA provides for a new Environmental Cooperation Commission, which will help oversee the implementation of the agreement. This Commission will define a work program to establish specific goals, objectives, and areas for cooperation that are reflective of each country’s national environmental priorities.
Bilateral and regional environmental cooperation under the ECA will help ensure that:
Obligations under the Environment Chapter of the U.S.-Panama Trade Promotion Agreement are fulfilled;
Progress is made toward a level playing field on environmental rules for businesses in the United States and Panama; and Trade and environmental policies are mutually supportive.
Through environmental cooperation, the United States and Panama will advance the world’s transition to a green economy and a sustainable future.

AFGHAN FORCES CONTAIN TALIBAN ATTACK

FROM:  AMERICAN FORCES PRESS SERVICE
Afghan Forces Contain Taliban Attack in Kabul
Compiled from International Security Assistance Force Joint Command News Releases
WASHINGTON, May 2, 2012 - Afghan security forces led a capable and quick response in containing a Taliban attack in Afghanistan's capital of Kabul today, military officials reported.

All of the attackers were killed, officials said. According to initial International Security Assistance Force reporting, a small group of insurgents attacked a private compound. The attack was unsuccessful in killing any ISAF personnel, but it resulted in Afghan civilian casualties, including children.

"This is another desperate attack by the Taliban, but again another noteworthy performance by Afghan security forces for taking the lead in putting down another desperate attack by insurgents," said German army Brig. Gen. Carsten Jacobson, ISAF spokesman. The insurgents' attack "resulted in the deaths of innocent Afghan civilians, with most of that being children from a nearby school," Jacobson added.
In operations around Afghanistan today:

-- An Afghan-led, coalition-supported force killed an insurgent, detained several suspects and seized assault rifles, magazines with ammunition, and multiple grenades and rocket-propelled grenades during a mission to capture a Taliban leader in the Baghlan-e Jadid district of Baghlan province.

-- A combined force detained a Taliban leader as well as multiple insurgents and confiscated bomb-making materials in the Panjwai district of Kandahar province. The insurgent leader directed roadside bombings and other attacks against Afghan and coalition forces.

-- A combined force detained several suspects while searching for a Taliban leader in the Nad-e Ali district of Helmand province. The leader plans and coordinates roadside bombings, suicide attacks and other operations against Afghan and coalition forces. He also attempts to impose Taliban law on Afghan civilians in the Musa Qalah, Now Zad and Baghran districts.

-- A combined force captured a Taliban leader and another suspect in the Gelan district of Ghazni province. The insurgent leader conducted roadside-bomb attacks against Afghan civilians, Afghan security forces and coalition troops along Highway 1.

-- A combined force detained multiple suspects and seized a manual for constructing improvised explosive devices during an operation to capture a Haqqani network facilitator in the Muhammad Aghah district of Logar province. The facilitator provides weapons, ammunition and equipment to insurgents for attacks against Afghan officials, Afghan troops, and coalition forces in Kabul City.

-- A combined force detained multiple suspects and seized several weapons and a grenade during an operation to capture a Haqqani facilitator in the Sabari district of Khost province. The facilitator provides weapons, ammunition and IEDs to insurgents for attacks against Afghan and coalition forces.
Yesterday, a combined force found and destroyed about 2,035 pounds of homemade explosive materials and multiple IED-making components in the Ab Band district of Ghazni province.

FALLEN AIR ADVISERS HONORED THROUGH RUCK MARCH

FROM:  U.S. AIR FORCE
Airmen honor fallen air advisers through ruck march
by Tech. Sgt. Benjamin Rojek
Defense Media Activity

5/1/2012 - FORT GEORGE G. MEADE, Md. (AFNS) -- Walking almost 90 miles, 36 Airmen completed the Air Advisor Memorial Ruck March from New York City to Joint Base McGuire-Dix-Lakehurst, N.J., April 26-27.

The march, which started at the One World Trade Center and ended at the Air Advisor Academy, was in remembrance of the deaths of nine U.S. air advisers in Afghanistan.

On the morning of April 27, 2011, an Afghan Air Force lieutenant colonel walked into the Afghan Air Command and Control Center at the Kabul Air Command Headquarters and, without warning or provocation, opened fire, killing eight active-duty U.S. Airmen and a retired U.S. Army lieutenant colonel. Those nine service members came from various bases and specialties, but were working together for a common mission: advising the Afghan military.

"It was a unique situation," said Lt. Col. J.D. Scott III, the march coordinator and chief of core knowledge at the Air Advisor Academy. "It didn't happen for a particular base. It didn't happen for a particular squadron or base or even for a particular (Air Force Specialty Code).

"Because of that, remembering their sacrifice may not have been captured as a whole," Scott continued. "The individual would have been honored at their base, but the mission of the entire of the team would not have been recognized."

Since all of the nine went through the Air Advisor Academy, Col. John Holm, the academy's commandant, decided that would be the place to honor their sacrifice as a team, Scott said. Holm made plans to create a physical memorial, but a plethora of obstacles made it impossible to complete the memorial by the one year anniversary of the tragic event. One of the obstacles was funding.

Holm and his team came up with idea of a ruck march to both honor the fallen air advisers and act as a fundraiser to help build the physical memorial. Scott was put in charge of organizing the march and, in just two weeks, succeeded in gathering people from Dover AFB, Del., to Eielson AFB, Alaska, for the march. Each marcher knew at least one of the nine fallen air advisers in some way.

"Master Sgt. Tara Brown and Maj. Phil Ambard both lived three and four doors down from me in the dorms," said Tech. Sgt. Brian Christiansen, a photographer with the 145th Airlift Wing in Charlotte, N.C., who was deployed to Kabul, Afghanistan at the same time as the air advisers. "Both were incredibly friendly people. And I met several of them (the morning of the shooting) as I walked into my building and opened the door and they walked out."

Those personal connections to the fallen service members and their families drew the 36 marchers together, Scott said.

"They were coming in from all over," he said. "That's kind of representative of the nine that we lost. They came from all over the Air Force to serve a single mission as an air advisor. So the marchers that were honoring them came from all over the Air Force to remember them."

Each paid their own way to New York City to honor their fallen friends and show their families that they haven't forgotten their loved one's sacrifice. The event also drew in another 14 volunteers to help with everything from transportation to food to health and care coverage.

The marchers were broken up into four teams, each set to march three legs of 7.3 miles. During their leg, each marcher carried a ruck sack with a paver stone inside, each stone engraved with the name of a fallen air advisor and to be laid at the memorial on JB McGuire.

Holm and his nine-person team kicked off the march at 9:11 a.m. April 26. However, rather than just start off near ground zero, the colonel wanted to do something more for his fallen comrades.

"We wanted to honor them by doing something significant, and to me starting at the top of the World Trade Center was it," Holm said. "We had those ruck sacks on the entire tour. It was all symbolic and important to us in our own personal, different ways. For me, it was probably the biggest single gesture we could do short of opening up (the academy's) memorial ourselves."

The significance of the march touched a lot of people along the way, starting with the One World Trade Center steel workers, who gave the Airmen a standing ovation as they marched through the structure. Other people along their route also showed their appreciation by stopping to give hugs, encouragement, thanks and even money toward the memorial.

As they traveled by foot from New York to New Jersey, state and local police departments provided escort, each district calling the next to inform them of what the Airmen were doing, Holm said. The marchers were even given a chance to rest and eat at the fire departments in both Elizabeth, N.J., and Jersey City, N.J. It was a sign of support of both the Airmen marching and the fallen air advisers, he said.

When the fourth team finished their last leg, the marchers were 1.1 miles from the construction site of the Air Advisor Memorial on JB McGuire. All 36 marchers gathered together in formation and made their way through the base gate. What met them there was surprise to all.

"Security forces closed down the road and gave us police escort in," Scott said. "There were numerous amounts of people from the front gate to the memorial lining the street on both sides, just cheering us on in.

"The fact that the base community just embraces us and cheered us in on those final steps, it's very inspiring," he added.

It was an emotional moment for Christiansen as well. He was present at the base when the air advisers were killed and attended their dignified transfer ceremony. However, each person was laid to rest in different locations around the U.S., so he never got to have closure.

"You see a road sign right there, 'McGuire Air Force Base next left,'" Christiansen said. "That's when it really started to hit in not that we're all going to do this, but this is for real. We've done this for the families, we've done this for our fallen brothers and sister. It was pretty easy to get caught up in the emotion there.

"The ceremony of laying the bricks down was really powerful," he added. "It brought some serious closure."

While the ruck march and stone-laying ceremony brought some closure for Christiansen and others, the construction of the memorial itself is still ongoing. However, between the pledges for the marchers, donations received during the march as well as T-shirt and brick sales, Holm estimated that the team has raised almost $10,000 toward the memorial just through this one event.

"We have that feeling that we did the right thing just by honoring our comrades, regardless of what money we raised," Holm said. "That was a tremendous feeling."

The Air Advisor Memorial is scheduled to be unveiled July 27.

IMPLEMENTATION OF 2008 OZONE STANDARDS

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Takes Next Step to Implement 2008 Ozone Standards
Most areas that need to take steps to reduce ozone pollution are close to meeting the standards; only three new areas have been added
 WASHINGTON – Working closely with states and tribes, the U.S. Environmental Protection Agency (EPA) is identifying areas that meet or do not meet the 2008 air quality standards for ground-level ozone, known as smog. The agency’s approach to implementing these standards will improve air quality, protect public health, increase certainty for states and tribes, maximize flexibilities and minimize the burden on state, tribal and local governments. Breathing air containing high levels of smog can reduce lung function and increase respiratory symptoms, aggravating asthma or other respiratory conditions. Ozone exposure may also contribute to premature death, especially in people with heart and lung disease.

In 2008, EPA set new smog standards at 75 parts per billion. Working with states and tribes and following an open public process that included a 45-day public comment period, EPA has determined that 45 areas across the country, including two separate areas of Indian country, are not meeting the 2008 standards based on the most recent certified air quality data. Almost all of these areas already have programs in place to improve air quality because they did not meet the 1997 smog standards. Only three areas will be identified for the first time as not meeting smog standards. Reflecting ongoing improvements in air quality, EPA is identifying fewer areas that do not meet the 2008 standards than the agency identified as not meeting the 1997 standards.

Reducing smog and improving air quality is a shared responsibility of federal, state, local and tribal governments. National clean air programs such as EPA’s standards to reduce power plant emissions that cross state lines, clean vehicle and fuel standards, and more locally focused state, tribal air quality programs are already contributing to air quality improvements. These actions will help areas meet the standards and protect public health. In addition, EPA expects that most areas would be able to meet the 2008 standards as a result of recent and pending rules.

The Clean Air Act requires EPA to review and, if necessary, revise air quality standards every five years to ensure that they protect public health with an adequate margin of safety. Following a change in standards, EPA works with states and tribes as appropriate to identify areas that do not meet the standards and establish plans to improve air quality. EPA continues to work to review the science needed to inform the next five-year review of the smog standards and currently expects to propose action in 2013.

COMMEMORATING THE 70TH ANNIVERSARY OF THE BATTLE OF THE CORAL SEA

FROM:  U.S. NAVY
WASHINGTON (May 1, 2012) Rear Adm. Patrick Lorge, commandant of Naval District Washington, left, and Australian Ambassador to the United States Kim Beazley lay a wreath during a ceremony at the U.S. Navy Memorial commemorating the 70th anniversary of the Battle of the Coral Sea. (U.S. Navy photo by Mass Communication Specialists 2nd Class Kiona Miller/Release

STATE DEPARTMENT OFFICIAL'S REMARKS ON BUSINESS AND HUMAN RIGHTS

FROM:  U.S. STATE DEPARTMENT
Implementation Workshop on the Guiding Principles on Business and Human Rights
Remarks Maria Otero
Under Secretary for Civilian Security, Democracy, and Human Rights George C. Marshall Auditorium
Washington, DC
April 30, 2012
hank you, Mike. I want to take a moment to recognize your leadership particularly in the area of Business and Human Rights. Not only have you created a team that focuses exclusively on the intersection between business and human rights, but your leadership has helped create the space to develop and maintain tools which encourage corporations to respect human rights while ensuring economic prosperity.
We are grateful to have Professor John Ruggie with us today. As you all know, John was the Secretary General’s Special Representative on Business and Human Rights. There is no better person to discuss implementation of the Guiding Principles than the author himself.

Our strategy for promoting respect for human rights through our foreign policy must reflect the world as it is, not as it used to be. Private companies are some of the world’s largest economic actors. Clearly, building bridges between government and business is not only smart, it’s necessary.

At the heart of this collaboration is the unique role business plays in bolstering innovation. Indeed, innovation is the core of what businesses do. From technology, to energy, to manufacturing, to health, business investments -- both domestic and international -- impact peoples’ lives. We must leverage this innovation and investment to help solve global challenges and improve the welfare of people. But in order to achieve our shared goals we must be sure such innovation is rooted in a respect for human rights. That is of course why we are all here today.

We must establish clear guidelines and reliable processes so that business can do their part in respecting human rights. The U.S. government uses our foreign policy to help strengthen the rule of law and human rights, which in turn improves the environment for prosperous business. It also ensures investment and innovation don’t violate standards of stable and democratic society.

But this is something neither government nor the private sector can accomplish alone. By working together across sectors, in partnership, with mutual respect, we can leverage our collective strengths to support business respect for human rights. We will be far more successful in achieving our shared goals if draw our solutions from all realms -- governments, private companies, multilaterals, universities, and nonprofits. What I know from my career -- and I suspect many of you know the same -- is that innovation occurs at the intersection of worlds that are newly connected. When you bring people together, tapping new expertise and resources from every corner, and think outside of your respective box, perspectives shift and challenges break down.

For example, Barrick Goldand BP, as well as Marathon, Newmont, Shell and Rio Tinto; are working to develop a set of key performance indicators for the Voluntary Principles (or VPs) on Security and Human Rights. The VPs provide guidance to extractive companies on maintaining the safety and security of their operations while also respecting human rights.

Another partnership with great potential is the International Code of Conduct for Private Security Service Providers. Work is now underway to translate the code’s principles into clear standards, and to establish a governance and oversight mechanism. Over 300 members of industry have already signed, and we encourage your participation. Why? Because again and again, we see that when we work together, our capacity for innovation is nearly limitless.

The UN Guiding Principles provides an important framework through which we engage in these areas.

The United States is seeking to institutionalize and broaden support for the Guiding Principles in multilateral fora. For example, we have encouraged the Organization for Economic Cooperation and Development to incorporate language from the GPS into their human rights chapter of the newly revised (OECD) Guidelines for Multinational Enterprises. We are looking at other regional and global multilateral organizations to incorporate the principles in similar ways, furthering the GPs as the authoritative standard framework on business and human rights.

We also working with the UN Working Group on Business and Human Rights as it disseminates the Guiding Principles. We are exploring ways to support the work of the UN Working Group through targeted high impact projects, and intend to launch a $500,000 program to promote awareness and implementation of the UN Guiding Principles.

I know you have a robust agenda today, and I look forward to hearing about your exchanges. Your contribution will help inform our policies, and how we move forward the GPs. In so doing, we not only positively influence the respect for human rights but also enhance the success of businesses.

Thank you, and it’s my pleasure to introduce to you our next speaker, Assistant Secretary for Economic and Business Affairs, my friend Jose Fernandez.

DEPARTMENT OF LABOR RECOVERS $4.83 MILLION IN BACK WAGES AND DAMAGES

FROM:  U.S. DEPARTMENT OF LABOR
US Department of Labor recovers $4.83 million in back wages, damages for more than 4,500 Wal-Mart workers
Misapplied exemption resulted in pay violations; nearly $464,000 assessed in penalties
WASHINGTON — Wal-Mart Stores Inc., headquartered in Bentonville, Ark., has agreed to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide following an investigation by the U.S. Department of Labor's Wage and Hour Division that found violations of the federal Fair Labor Standards Act's overtime provisions. Additionally, Wal-Mart will pay $463,815 in civil money penalties.

The violations affected current and former vision center managers and asset protection coordinators at Wal-Mart Discount Stores, Wal-Mart Supercenters, Neighborhood Markets and Sam's Club warehouses. Wal-Mart failed to compensate these employees with overtime pay, considering them to be exempt from the FLSA's overtime requirements. The Labor Department's investigation found that the employees are nonexempt and consequently due overtime pay for any hours worked beyond 40 in a week.

"Misclassification of employees as exempt from FLSA coverage is a costly problem with adverse consequences for employees and corporations," said Secretary of Labor Hilda L. Solis. "Let this be a signal to other companies that when violations are found, the Labor Department will take appropriate action to ensure that workers receive the wages they have earned."

Under the terms of the settlement, Wal-Mart has agreed to pay all back wages the department determined are owed for the violations plus an equal amount in liquidated damages to the employees. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. The civil money penalties assessed stem from the repeat nature of the violations. Wal-Mart, which operates more than 3,900 establishments in the United States, corrected its classification practices for these workers in 2007, and negotiation over the back pay issues has been ongoing since that time. A third-party administrator will disburse the payments to the affected employees.

"Our department has been working with Wal-Mart for a long time to reach this agreement," said Nancy J. Leppink, deputy administrator of the Wage and Hour Division. "I am very pleased that staff in our Southwest region persevered, ensured these employees will be paid the back wages they are owed and brought this case to conclusion. Thanks to this resolution, thousands of employees will see money put back into their pockets that should have been there all along. The damages and penalties assessed in this case should put other employers on notice that they cannot avoid their obligations to their employees by inappropriately classifying their workers as exempt."

The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the department's regulations.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records.

PRESS STATEMENT FROM SECRETARY OF STATE CLINTON ON CHEN GUANGCHENG

FROM:  U.S. STATE DEPARTMENT
Chen Guangcheng
Press Statement Hillary Rodham Clinton
Secretary of State Washington, DC
May 2, 2012
I am pleased that we were able to facilitate Chen Guangcheng’s stay and departure from the U.S. embassy in a way that reflected his choices and our values. I was glad to have the chance to speak with him today and to congratulate him on being reunited with his wife and children.

Mr. Chen has a number of understandings with the Chinese government about his future, including the opportunity to pursue higher education in a safe environment. Making these commitments a reality is the next crucial task. The United States government and the American people are committed to remaining engaged with Mr. Chen and his family in the days, weeks, and years ahead.

JUSTICE DEPARTMENT FINDS RELIEF FOR SERVICEMEMBERS WHO HAD CARS TOWED AND SOLD

FROM:  U.S. DEPARTMENT OF JUSTICE
Tuesday, May 1, 2012
Justice Department Settles Towing Company Case Under the Servicemembers Civil Relief Act
The Justice Department announced that it had reached a settlement of alleged violations of the Servicemembers Civil Relief Act (SCRA) providing damages and credit repair to 26 servicemembers whose cars were towed and sold while they were on active duty without obtaining court orders as SCRA requires.   The settlement resolves allegations that B.C. Enterprises Inc., d/b/a Aristocrat Towing and Aristocrat Towing Inc. (collectively “Aristocrat Towing”), violated the SCRA when it towed and sold these servicemembers’ vehicles without obtaining court orders.   The case began with a referral from the U.S. Navy to the Justice Department after Navy Lieutenant Yahya Jaboori returned from deployment in Iraq to find that Aristocrat Towing had towed and sold his vehicle without a court order while he was deployed.

The SCRA protects the rights of servicemembers while on active duty in the military by suspending or modifying certain civil obligations.  Under the terms of the settlement, which must be approved by a federal court in Virginia, Aristocrat Towing must pay a total of $75,000 in damages and repair the credit of the identified aggrieved servicemembers.

“Servicemembers make great personal sacrifices.   We will ensure that the rights of the brave men and women who serve and protect us are protected at home,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez.   “This settlement sends a strong message to businesses nationwide that the Justice Department will enforce the SCRA to protect against the taking of servicemembers’ property without first seeking court orders as is required by law.”

“No member of the military should come home from deployment to find their car has been towed and sold,” said U.S. Attorney for the Eastern District of Virginia Neil MacBride. “Businesses should be aware of the many rights that SCRA gives to servicemembers and their families, and businesses should also be certain that we’ll work tirelessly to ensure that those rights are protected.”

This lawsuit, filed in 2008, was the first filed by the Civil Rights Division under the SCRA.   The Civil Rights Division received enforcement authority under the SCRA in 2006, and has since filed suit and entered into a number of settlements with defendants ranging from local landlords to the nation’s five largest mortgage servicers.

Servicemembers and their dependents who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office.