FROM: USA.GOV
How Does the American Taxpayer Relief Act Affect You?
On January 2, 2013, President Obama signed the American Taxpayer Relief Act (ATRA) into law. This new law addresses many of the tax issues that were debated by Congress at the end of 2012, and which were referred to by many as the "fiscal cliff."
Here is what the law addressed, and how it could affect you:
The "Bush-era tax cuts"
The new law permanently extended reduced tax rates on income and capital gains and dividends if you make less than $400,000 ($450,000 if you’re married and file jointly). If you make more than that, the marginal tax rate for income beyond the new levels rose from 35 percent to 39.6 percent.
This change also increased the top tax rate on long term capital gains and dividends from 15 percent to 20 percent and made changes to several other tax credits, the marriage penalty and education-related incentives.
The Estate Tax Rules
ATRA permanently extended the estate tax laws as they currently exist, except for the top tax rate, which was increased from 35 percent to 40 percent. Now up to $5 million of an estate’s worth is exempt from taxes.
The American Recovery and Reinvestment Act of 2009 Tax Provisions
The child tax credit, some provisions surrounding the Earned Income Tax credit and an education tax credit, the American Opportunity Tax Credit, were all temporarily extended through 2017.
The Payroll Tax Reduction
There was a two percent reduction in the amount of money you paid through the Social Security payroll tax that Congress put in place in 2010. This tax reduction was not extended as part of ATRA. As a result, the tax rate reverted back to the original amount — 6.2 percent for employees and 12.4 percent for the self-employed. You may notice a change in the amount of your take-home pay in your first paycheck of the 2013 calendar year.
The ATRA also addressed several other issues, including unemployment, Medicare and other health provisions and the farm bill.
A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Sunday, January 13, 2013
U.S. GOVERNMENT INVESTS IN HAITI
Map: Haiti. Credit: CIA World Factbook. |
U.S. Government Investments in Haiti's Rebuilding and Renewal
Fact Sheet
Office of the Haiti Special Coordinator
January 11, 2013
In early 2009, Secretary of State Hillary Rodham Clinton made Haiti a foreign policy priority and committed to working to change the way we partnered with Haiti. For more than three and a half years, the U.S. Government (USG) has worked closely to be a good partner to the government and people of Haiti. After the devastating earthquake of 2010, the U.S. worked to support the Government of Haiti (GOH) and meet the most immediate life saving and life sustaining needs on the ground. For some time the U.S. pursued two tracks of engagement and has ensured that they complement one another: the first to address immediate humanitarian and emergency aid needs; and the second to continue to pursue a strategy to promote long-term sustainable development in Haiti.
Below is a high-level overview of some of the U.S. contributions to help Haiti on a path to economic prosperity and political stability.
Government Stability and Capacity Building: The United States and other donors supported the Government of Haiti’s free and fair presidential and legislative elections in late 2010 and early 2011. These elections paved the way for the complete re-establishment of all three branches of government. The U.S. provided capacity building support, including the provision of experts to work within the Government of Haiti and the provision of temporary office space. As a result, the Government of Haiti has been able to lead more effectively in many areas of governance, including efforts to: combat crime; prepare for emergency responses to Hurricanes Tomas, Tropical Storms Isaac and Sandy; collect taxes; increase transparency; alleviate housing shortages; promote foreign direct investments; and expand basic services for Haitians, including in education and health services.
Energy: Only 12 percent of the population has regular legal access to electricity. The Martelly Administration has made access to energy one of its priorities and views it as a necessary step in Haiti’s economic development.
The USG is helping to improve the reliability of electricity in Port-au-Prince through renovation of five electricity sub-stations. The project is expected to be complete by the end of February 2013.
The USG commissioned a 10 mega-watt power plant in the north, contributing to reliable power for the tenants of the Caracol Industrial Park as well as houses around the park. The first households in the northern town of Caracol, which never had electricity before, were connected to the grid of the power plant in October 2012, designed to provide reliable power to residences and industry.
The USG also launched a competitive tender in December 2012 [available online at
Housing: The United States has worked to address immediate shelter needs, including the removal of rubble to make space for shelter, as well as the construction of permanent housing settlements.
The United States is currently constructing two new settlements, with construction underway of 750 homes in the north near Caracol and 156 homes near Port-au-Prince in the Saint Marc region. The next five settlements of approximately 1,250 houses, where all engineering designs, environmental studies and water tests have been completed and tenders are due to be launched shortly, will be developed together with a diverse set of partners such as the Qatar Haiti Fund, the Inter-American Development Bank, and the American Red Cross, enabling the United States to leverage resources for greater impact.
Business and agricultural loans: Eighty percent of the credit available in Haiti is used by only ten percent of the borrowers.
The United States has supported efforts to computerize data and processes for loan officers, in order to support approximately $21.7 million in loans disbursed to over 6,500 businesses.
Agriculture: With more than 60 percent of Haitians reliant on agriculture for income, the United States has expanded its support in the sector through its global food security initiative, Feed the Future.
2012 results include a 58 percent increase in rice yields, 341 percent increase in corn, 100 percent increase in bean yields, and 21 percent increase in plantain yields. Our goal is to increase incomes for 100,000 farmers in three geographical focus regions over five years.
Additionally, Feed the Future just launched the bean planting season at a cost of another $1 million, which will provide farmers with seeds and other inputs.
Transformation of Haiti’s North: The United States is partnering with the Government of Haiti, the Inter-American Development Bank, and the private sector to create access to jobs, housing, electrification, transportation, and agricultural development in Haiti’s north. These types of investments, when married with the entrepreneurial spirit of the Haitian people, are helping to catalyze growth in the region. As part of this partnership, by 2015, the United States will have helped create:
15,000 new formal jobs at the Caracol Industrial Park, one of the Caribbean’s largest industrial parks, which is projected to grow to 20,000 jobs by 2016;
Reliable electricity to up to 100,000 people and businesses that currently have none; and,
Rehabilitated health clinics and reference hospitals in regional towns.
The first tenant of the Caracol Industrial Park, Sae-A, one of the largest garment manufacturers in the world, already has 1,300 employees, most of them women who have never had a formal sector job before. Many are graduates of a new, nearby vocational training center that the USG built and supports. Sae-A is on track to reach the goal of creating 20,000 jobs by 2016. A second tenant, a Haitian company, has moved in September of 2012 and a third tenant is due to start operations shortly. Additionally, a new U.S.-funded power plant opened this year to serve the industrial park and surrounding communities. Nine buildings, including factories, warehouses, and offices, have been built. At least twelve new buildings are scheduled for completion in 2013, more than doubling the industrial park’s capacity.
Health Services: Prior to the earthquake, the United States was providing access to health care for approximately 50 percent of the Haitian population; after the earthquake, the United States has been able to maintain this level of care. The United States provides a basic package of health services (primarily maternal and child health) and more sophisticated HIV/AIDS prevention and treatment services.
The United States supports 251 primary care and 52 secondary care sites nationwide.
The United States increased the number of eligible patients on anti-retroviral (ARV) treatment from 60 percent in March 2012 to 65 percent in June 2012. We are working with the Global Fund to Fight HIV/AIDS, tuberculosis, and malaria to reach universal coverage of ARVs for all eligible patients by June 2015.
The United States recently convened the two largest umbrella networks of disabled people organizations to coordinate a single national strategy and move forward with plans to strengthen local advocacy groups. In addition, work is underway to establish four to six disabled service centers nationwide and to build government capacity to promote inclusion of people with disabilities in policy and legislation.
Through June 2012, the United States provided expertise and more than $95 million during the emergency phase of the cholera response.
Education: President Martelly has identified free and universal education as one of the key priorities of his administration.
Over the next two years, the United States will partner with the Haitian Ministry of Education to develop and test an instructional model in over 300 schools, reaching 28,000 students, and training 900 teachers.
Improving Access to Justice and Legal Assistance: The rule of law, as supported by justice and security institutions, is a basic foundation of citizen security and economic growth. The United States is committed to supporting a responsive, just, and effective Government in Haiti. Our efforts include:
Providing legal assistance to over 2,700 individuals in Cite Soleil, Martissant, Saint-Marc, and Petit-Goave since October 2011;
Renovating corrections facilities; and
Providing equipment and technical assistance to reduce pre-trial detention and improve case management in targeted jurisdictions.
Strengthening the Security Sector: The Haitian National Police (HNP) is Haiti’s sole indigenous security force. Improving and expanding the capacity of the HNP is critical to the Government of Haiti’s ability to maintain public order and protect vulnerable populations.
The UN Stabilization Mission in Haiti (MINUSTAH) also helps promote a secure and stable environment in Haiti. U.S. support includes 100 UN police officers, 10 corrections officers, and nine military officers seconded to MINUSTAH.
Protecting Human Rights and Vulnerable Populations: Increasing protection of human rights and vulnerable populations is key to U.S. assistance in Haiti. The United States is funding a number of initiatives to provide services to victims of abuse, and empower vulnerable populations. Efforts include:
Providing job skills training, health services, and reintegration and repatriation assistance to Haitian migrants.
'BUDGET GYMNASTICS'
FROM: U.S. DEPARTMENT OF DEFENSE
Air Force Leaders Call for End to 'Budget Gymnastics'
By Jim Garamone
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - The government's "ongoing budget gymnastics" are having an effect on service members, Air Force Secretary Michael B. Donley said here today.
Donley and Gen. Mark A. Welsh III, the Air Force chief of staff, said the looming "fiscal cliff" as well as conducting government business under repeated continuing budget resolutions create an atmosphere of unease among Air Force military and civilian personnel.
"Failure to enact a settled budget leads to repeated budget iterations, which, along with the overhanging threat of large and largely arbitrary cuts, creates wasteful churn," Donley said during a Pentagon news conference.
This churn could lead to many airmen voting with their feet and leaving the service, he said. "They see and understand what's going on in Washington," he added. "They're very well-connected. They're the most educated force we have ever had. And they stay connected to what's going on in our Air Force and what's going on in our military [and] what's happening in Washington. ... They are watching this and ... making their own judgments about the process."
The secretary said it is extremely inefficient and disruptive to operate a "$100-plus billion enterprise, which is the United States Air Force, on a budget a month or two at a time."
Welsh said that although re-enlistment remains solid for the service, the burden of deploying time and again since 1990 and working to keep "antique" aircraft such as the B-52 flying is wearing on airmen.
"They're not begging to get out the door," the general said. "Our retention rates are great. They're still proud of who they are and what they do. They express it every single day. But they want to know what's coming."
He said he has been working to keep airmen informed. "They're phenomenally engaged, and so we're trying very hard to keep them informed and improve the communication with them."
"Communication for us right now is absolutely essential internally if we're going to be successful down the road'" the general added. "And so we're working this pretty hard."
Air Force Leaders Call for End to 'Budget Gymnastics'
By Jim Garamone
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - The government's "ongoing budget gymnastics" are having an effect on service members, Air Force Secretary Michael B. Donley said here today.
Donley and Gen. Mark A. Welsh III, the Air Force chief of staff, said the looming "fiscal cliff" as well as conducting government business under repeated continuing budget resolutions create an atmosphere of unease among Air Force military and civilian personnel.
"Failure to enact a settled budget leads to repeated budget iterations, which, along with the overhanging threat of large and largely arbitrary cuts, creates wasteful churn," Donley said during a Pentagon news conference.
This churn could lead to many airmen voting with their feet and leaving the service, he said. "They see and understand what's going on in Washington," he added. "They're very well-connected. They're the most educated force we have ever had. And they stay connected to what's going on in our Air Force and what's going on in our military [and] what's happening in Washington. ... They are watching this and ... making their own judgments about the process."
The secretary said it is extremely inefficient and disruptive to operate a "$100-plus billion enterprise, which is the United States Air Force, on a budget a month or two at a time."
Welsh said that although re-enlistment remains solid for the service, the burden of deploying time and again since 1990 and working to keep "antique" aircraft such as the B-52 flying is wearing on airmen.
"They're not begging to get out the door," the general said. "Our retention rates are great. They're still proud of who they are and what they do. They express it every single day. But they want to know what's coming."
He said he has been working to keep airmen informed. "They're phenomenally engaged, and so we're trying very hard to keep them informed and improve the communication with them."
"Communication for us right now is absolutely essential internally if we're going to be successful down the road'" the general added. "And so we're working this pretty hard."
U.S.-SOMALIA RELATIONS
FROM: U.S. STATE DEPARTMENT
The United States established diplomatic relations with Somalia in 1960, following its constituent parts' independence from British and Italian administrations, respectively. A 1969 coup replaced Somalia's elected government with military rule that reflected both ideological and economic dependence on the Soviet Union. Following war with Ethiopia in the 1970s, Somalia began turning toward the West, including the United States, for international support, military equipment, and economic aid. Civil war in the 1980s led to the collapse of Somalia's central government in 1991.
Following this, various groupings of Somali factions, sometimes supported by outside forces, sought to control the national territory (or portions thereof) and fought one another. From 1992-94, the United States took part in operations that aimed to provide assistance to Somalis. Numerous efforts at mediation and reconciliation were attempted over the years, and a transitional government was established in 2004. In 2012, Somalia completed its political transition with the election of a new federal parliament and speaker, the national constituent assembly's adoption of a provisional constitution, the election of a new president, President Hassan Sheikh Mahamud, and the naming of a new prime minister and cabinet.
U.S. foreign policy objectives in Somalia are to promote political and economic stability, prevent the use of Somalia as a haven for international terrorism, and alleviate the humanitarian crisis caused by years of conflict, drought, flooding, and poor governance. The United States is committed to helping Somalia's Government strengthen democratic institutions, improve stability and security, and deliver results for the Somali people. It has urged the Somali leadership to continue to consolidate gains by helping local governance structures emerge through community dialogue and reconciliation, rapidly providing services, and drafting legislation to facilitate implementation of the provisional constitution. The United States also has welcomed the African Union Mission in Somalia's (AMISOM) success in driving the al-Shabaab terrorist organization out of strategically important population centers, and has underscored the continued U.S. commitment to support AMISOM and the Somali national forces in their responsibility of extending security throughout Somalia.
Although the United States never formally severed diplomatic relations with Somalia, the U.S. Embassy in Somalia was closed in 1991. The United States has maintained regular dialogue with Somali authorities and other key stakeholders in Somalia through the U.S. Embassy in Kenya, which also handles consular coverage for Somalia, including to U.S. citizens in the self-declared "Republic of Somaliland."
U.S. Assistance to Somalia
The United States has provided humanitarian assistance in Somalia to address the problems of drought, famine, and refugees. U.S. development assistance in Somalia has supported the establishment of a post-transitional national government working to foster a unified Somali state in the long term. U.S. assistance also aims to focus on the more stable areas of Somaliland and the semi-autonomous state of Puntland. The United States works closely with other donor partners and international organizations to support social services and the development of an effective and representative security sector, including military, police, and justice sector, while supporting ongoing African Union peacekeeping efforts.
Bilateral Economic Relations
The United States has little trade or investment with Somalia. U.S. exports to Somalia include legumes, grain, baking-related goods, donated products, and machinery. U.S. imports from Somalia include precious stones and low-value shipments.
Somalia's Membership in International Organizations
Somalia and the United States belong to a number of the same international organizations, including the United Nations, International Monetary Fund, and World Bank.
REHEARSING THE INAUGURATION BAND AND HONOR GUARD
Air Force Col. Larry H. Lang, commander of the U.S. Air Force Band, conducts during a dress rehearsal for the Inaugural Parade, at Joint Base Andrews, Md., Jan. 11, 2013. DOD photo by Claudette Roulo |
Air Force Band, Honor Guard Prepare for Inauguration Day
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - Preparation is nothing new to the U.S. Air Force Band and Honor Guard as they get ready for Jan. 21's 57th presidential inauguration, bringing a total Air Force presence to the massive event.
After a dress rehearsal here today, Air Force Col. Larry Lang, commander and conductor of the U.S. Air Force Band, talked about some of the band's efforts as the musical airmen prepare to continue the military tradition of support to presidential inaugurations.
"We have a ceremonial mission, so we're always preparing for that," he said. "We do parades and ceremonies throughout the year, so it's not something new to us. The difference here is the size of it."
Lang said the magnitude of the event requires more members of the band to participate.
"The band is 184 members. It's divided into six different flights – six different ensembles, basically," he said. "We're using about 100 of those for this particular parade. So we've been rehearsing really hard; we rehearsed all day yesterday."
Lang said tomorrow's rehearsal will include the Air National Guard and the Air Force Reserve, before joining all the military services on the actual parade route Jan. 13.
"I think we're preparing very steadily, very focused, and by the time the inauguration gets here, we'll be ready," he said.
The band commander and conductor, an El Paso, Texas, native and 22-year Air Force band officer, said he looks forward to representing the Air Force in his first inauguration.
"This is exciting," Lang said. "Even though the band performs for the president and the vice president on a fairly regular basis, I am excited because this is on a worldwide stage. We have the privilege of representing all of our airmen all around the world, and I'm looking forward to it."
Senior Airman Anthony Wagner, a Cambridge, Ill., native and noncommissioned officer for the U.S. Air Force Honor Guard's color team, also is participating in his first inauguration.
"I feel pretty honored, pretty proud and a little nervous as well," he said. "Representing the Air Force to the whole world, you want to put on a good show. I hope I can represent them well, because everyone's seeing it as me carrying the nation's colors, representing our country to the world as well."
Wagner, who has served on the Air Force Honor Guard for three and a half years, said he'll be nervous, but still confident, because preparation is second nature to the Honor Guard.
"The nerves, they'll be there," he said. "It's not just another job, but at the same time, we're prepared. And we've done many other big jobs as well, so we feel comfortable with what we're doing."
Wagner said he'll advise his younger troops to stay cool and collected and that if they're doing their job to the best of their abilities, everything will be fine.
"We're excited and pretty honored that we get this opportunity," he said.
From a planning and operational standpoint, senior NCOs such as Master Sgt. Kimberly Muhlecke are charged with maintaining the high standards of the Air Force Honor Guard.
"I can't say there wasn't a time since I got in the Air Force Honor Guard that we weren't prepping for this day," Muhlecke said. "Every single ceremony is unique, but they do share some commonalities. I feel like our guys, as sharp as they are, are ready all the time, to be honest."
The standardizations NCO said the biggest difference is adjusting to the layout of the venue for a particular event, and "making what we do so well fit into that venue."
One challenge, Muhlecke noted, will be the "nine-by-nine" formation in which 81 airmen march together. Formations for most parades, she added, consist of 15 to 18 airmen.
"This is only the second time we've used the nine-by-nine, so we have to get all of our airmen used to marching that large," she said.
Muhlecke said she enjoys working alongside the "staunch professionals" in the Honor Guard, and that she looks forward to seeing all the military services together during the inauguration.
"I'm looking forward to seeing all the other elite members of my sister services and brother services," she said. "We always look good when we're out in full force."
HEDGE FUND MANAGER AND FIRM TO PAY ALMOST $5 MILLION FOR ENGAGING IN DECEPTIVE CONDUCT
FROM: U.S. SECRUITIES AND EXCHANGE COMMISSION
Court Orders New York-Based Hedge Fund Manager and Firm to Pay Nearly $5 Million in Disgorgement and Penalties
The Securities and Exchange Commission announced today that, on January 3, 2013, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York entered final judgments against hedge fund manager Chetan Kapur and his firm, ThinkStrategy Capital Management (ThinkStrategy), ordering them to jointly and severally pay disgorgement of $3,988,196.59 and civil penalties in the amount of $1,000,000.
The final judgments stem from a partially-settled civil injunctive action filed by the Commission on November 10, 2011. The SEC’s complaint alleged that over nearly seven years, Kapur and ThinkStrategy engaged in a pattern of deceptive conduct designed to bolster their track record, size, and credentials. In particular, Kapur and ThinkStrategy materially overstated the performance of their ThinkStrategy Capital Fund, giving investors the false impression that the fund’s returns were consistently positive and minimally volatile. The complaint also alleged that Kapur and ThinkStrategy repeatedly inflated the firm’s assets, exaggerated the firm’s longevity and performance history, and misrepresented the size and credentials of ThinkStrategy’s management team.
With respect to a second hedge fund they managed, the TS Multi-Strategy Fund, the complaint alleged that Kapur and ThinkStrategy misstated the scope and quality of due diligence checks on certain managers and funds selected for inclusion in the fund-of-funds’ portfolio. As a result, the TS Multi-Strategy Fund made investments in certain hedge funds that were later revealed to be Ponzi schemes or other serious frauds, including Bayou Superfund, Valhalla/Victory Funds, and Finvest Primer Fund.
The Commission charged Kapur and ThinkStrategy with violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder. Without admitting or denying the allegations in the Commission’s complaint, Kapur and ThinkStrategy consented to the entry of November 18, 2011 judgments permanently enjoining them from violating the above provisions. Kapur also consented to a November 30, 2011 SEC order permanently barring him from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.
Court Orders New York-Based Hedge Fund Manager and Firm to Pay Nearly $5 Million in Disgorgement and Penalties
The Securities and Exchange Commission announced today that, on January 3, 2013, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York entered final judgments against hedge fund manager Chetan Kapur and his firm, ThinkStrategy Capital Management (ThinkStrategy), ordering them to jointly and severally pay disgorgement of $3,988,196.59 and civil penalties in the amount of $1,000,000.
The final judgments stem from a partially-settled civil injunctive action filed by the Commission on November 10, 2011. The SEC’s complaint alleged that over nearly seven years, Kapur and ThinkStrategy engaged in a pattern of deceptive conduct designed to bolster their track record, size, and credentials. In particular, Kapur and ThinkStrategy materially overstated the performance of their ThinkStrategy Capital Fund, giving investors the false impression that the fund’s returns were consistently positive and minimally volatile. The complaint also alleged that Kapur and ThinkStrategy repeatedly inflated the firm’s assets, exaggerated the firm’s longevity and performance history, and misrepresented the size and credentials of ThinkStrategy’s management team.
With respect to a second hedge fund they managed, the TS Multi-Strategy Fund, the complaint alleged that Kapur and ThinkStrategy misstated the scope and quality of due diligence checks on certain managers and funds selected for inclusion in the fund-of-funds’ portfolio. As a result, the TS Multi-Strategy Fund made investments in certain hedge funds that were later revealed to be Ponzi schemes or other serious frauds, including Bayou Superfund, Valhalla/Victory Funds, and Finvest Primer Fund.
The Commission charged Kapur and ThinkStrategy with violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder. Without admitting or denying the allegations in the Commission’s complaint, Kapur and ThinkStrategy consented to the entry of November 18, 2011 judgments permanently enjoining them from violating the above provisions. Kapur also consented to a November 30, 2011 SEC order permanently barring him from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.
TRAFFICKING IN COUNTERFEIT GM DIAGNOSTIC EQUIPMENT GAINS MAN PRISON SENTENCE
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 11, 2013
Virginia Man Sentenced for Trafficking in Counterfeit Gm Diagnostic Equipment
WASHINGTON – A Virginia man was sentenced today in federal court to serve one year and one day in prison for selling counterfeit General Motors (GM) automotive diagnostic devices used by mechanics to identify problems with and assure the safety of motor vehicles, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride, FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division and Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field Office.
Justin DeMatteo, 31, of Saxe, Va., was sentenced by Senior U.S. District Judge Claude M. Hilton in the Eastern District of Virginia, following his Sept. 26, 2012, guilty plea to one count of trafficking in goods bearing counterfeit marks. In addition to his prison term, DeMatteo was sentenced to three years of supervised release and ordered to pay restitution of $328,500 (the full amount of GM’s losses). At DeMatteo’s plea proceeding, the court entered a consent order of forfeiture requiring him to forfeit $109,074 in criminal proceeds and all facilitating property and contraband seized during the execution of search warrants at his business and home on Dec. 15, 2011.
In court documents, DeMatteo admitted he sold counterfeit GM Corporation-branded "Tech 2" vehicle diagnostic systems between January and May 2011. The Tech 2 is a hand-held computer used to diagnose problems in vehicles that use electronic controls and interfaces. For newer vehicles, GM designed a new diagnostic interface – the Controller Area Network diagnostic interface (CANdi) module, which serves as an enhancement to the Tech 2 and completes the interface necessary to communicate with future on-board computer systems.
DeMatteo also admitted he offered for sale purported Tech 2 units and CANdi modules that bore counterfeit GM marks. DeMatteo sold the counterfeit Tech 2 units on eBay and accepted payment via PayPal. DeMatteo purchased the units from unauthorized manufacturers in the People’s Republic of China (PRC) and in many cases had them drop-shipped directly from the PRC to U.S. customers. On Dec. 15, 2011, federal agents executed search warrants at DeMatteo’s residence in Saxe and place of business in South Boston, Va. Among other things, agents seized numerous counterfeit GM Tech 2 units and CANdi modules, and various computer equipment and documents that contained evidence linking DeMatteo to the sale of the counterfeit Tech 2 units. According to the stipulated statement of facts and plea agreement, the number of Tech 2 and CANdi units sold by DeMatteo or seized during the searches totaled nearly 100. The retail price of 100 authentic products would have been more than $380,000.
The case was prosecuted by Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and was investigated by the FBI’s Intellectual Property Rights Unit, as part of "Operation Engine Newity," an international initiative targeting the production and distribution of counterfeit automotive products that impact the safety of the consumer, and the FBI Richmond Division.
The FBI is a full partner at the National Intellectual Property Rights Coordination Center (IPR Center). The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its 19 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property (IP) theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters.
GETTING READY FOR A SMALLER AIR FORCE
Photo: B-2. Credit: U.S. Air Force |
Smaller Air Force Will Protect Quality, Readiness
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - To roll with unprecedented strategic and fiscal challenges, the best path forward for the Air Force is to become smaller to protect a high-quality, ready force, top Air Force officials said today.
Air Force Secretary Michael B. Donley and Air Force Chief of Staff Gen. Mark A. Welsh III briefed Pentagon reporters, addressing budget constraints, progress in the year just passed, and the development of future capabilities.
"Like the other services, the Air Force will work with our defense and national leadership to fine-tune our plans and programs as we confront both a dynamic security environment and the nation's fiscal challenges," Donley said.
"We'll adjust and compromise as necessary," he added, "but we will need broad consensus with the Congress on the way forward to avoid a hollow military. This must be our priority."
The Air Force secretary said the service would continue to balance competing defense needs with the size of its force structure, readiness and modernization.
"To avoid the perils of a hollow Air Force," the secretary said, "we believe the best path forward is to become smaller in order to protect a high-quality and ready force that will improve in capability over time."
Donley also described progress and accomplishments for the Air Force in 2012, including confronting the problem of sexual assaults and unprofessional relationships at basic military training and convicting offenders.
"We're strengthening our sexual assault prevention efforts," Donley said, citing recent initiatives that implement health and welfare inspections and establish a special victims' counsel program throughout the Air Force. The inspections are designed to reinforce expectations for the work environment, correct deficiencies and deter disruptive conditions, Air Force officials said.
Last year in space launch operations, the Air Force completed nine national security space launch campaigns in the Evolved Expendable Launch Vehicle program, bringing the total number of consecutive EELV program launches to 55, and total consecutive national security space missions to 90, Donley said.
The Air Force implemented a new EELV acquisition strategy to efficiently purchase up to 36 existing rocket stages, called "cores," and is making it easier for commercial space companies, starting as early as fiscal 2015, to compete to produce up to 14 new core stages and in the process become new entrants in contributing to rigorous national security space operations.
"This, for the first time, gives new entrants a clear path to compete for national security space missions," Donley said.
The Air Force's procurement strategy is driving down satellite costs, he said, resulting in savings of more than $1 billion on the advanced extremely high frequency satellites. This system is a joint service satellite communications system that will provide survivable global, secure, protected and jam-resistant communications for high-priority military ground, sea and air assets.
The Air Force also is projecting savings of more than $500 million for the Space Based Infrared Systems program, which the officials say will provide critical missile defense and warning capability well into the 21st century.
Donley also reported on a vexing issue with the F-22 Raptor fighter jet. "We've resolved as best we know how the previously unexplained hypoxia incidents in the F-22 and put this critical aircraft on the path from return to flight to full operational capability," he said.
Also in 2012, Donley told reporters, the next-generation F-35 Lightning II joint strike fighter "continues to mature, and with the completion of our operational utility evaluation, the OUE, training at Eglin Air Force Base [in Florida] will begin this month." The OUE is a critical step in beginning joint strike fighter pilot and maintenance training for the service.
Welsh, who became Air Force chief of staff in 2012, said Donley's tough budget decisions, reflected in the fiscal 2013 National Defense Authorization Act, translate into an active duty Air Force of about 329,000 airmen, about the same size it was when the Air Force became a separate service in 1947. In the past 10 years, the Air Force has retired about 1,900 airplanes and dropped about 30,000 active-duty billets, he said.
"None of those things is inherently bad, by the way," the general added. "They are simply reflective of today's fiscal and strategic environment."
For the Air Force, Welsh said, the future depends on "figuring out how to integrate data, how to better integrate information, how to move it quicker, how to connect platforms and sensors together."
"That's not as expensive as new weapons systems, ... and it benefits us in the way we do the job today," he added. "So we have people all around the Air Force focused on that problem right now."
Donley said the Air Force has been through many ups and downs over the years and the way through the challenges is to support the service's active, Air National Guard, Reserve and civilian members and their families in their work.
"I am confident that by making prudent choices -- difficult decisions among force structure, readiness and modernization -- we can and will stay the world's finest air force," he said.
Saturday, January 12, 2013
NASA VIDEO: ROBOTIC REFUELING MISSION DEMO
FROM: NASA
Robotic Refueling Mission Demo
Robots present certain advantages when working in the harsh environment of space. They're not susceptible to hunger, to sleepiness, or catastrophic injury for starters. They're also capable of highly precise, yet highly tedious tasks-- tasks that might otherwise consume huge resources and attention from already busy astronauts and ground controllers. In an important demonstration of new technical methodologies, NASA engineers will try to simulate the transfer of fuel from one vehicle to another, in space, with nothing but robots doing the physical work. Called the Robotic Refueling Mission, it's a major step on the road to developing a robust suite of essential robotic capabilities in space.
Credit-NASA's Goddard Space Flight Center
Robotic Refueling Mission Demo
Robots present certain advantages when working in the harsh environment of space. They're not susceptible to hunger, to sleepiness, or catastrophic injury for starters. They're also capable of highly precise, yet highly tedious tasks-- tasks that might otherwise consume huge resources and attention from already busy astronauts and ground controllers. In an important demonstration of new technical methodologies, NASA engineers will try to simulate the transfer of fuel from one vehicle to another, in space, with nothing but robots doing the physical work. Called the Robotic Refueling Mission, it's a major step on the road to developing a robust suite of essential robotic capabilities in space.
Credit-NASA's Goddard Space Flight Center
THE NATIONAL DEFENSE LANGUAGE CORPS SEEKS VOLUNTEERS
FROM: U.S. DEPARTMENT OF DEFENSE
Language Corps Members Employ Skills for Nation
By Terri Moon Cronk
American Forces Press Service
WASHINGTON, Jan. 9, 2013 – A man translates the deposition of a Somali pirate for the FBI.
A woman who speaks Mandarin Chinese works with the Coast Guard aboard a cutter off the African coast to monitor Mandarin fishing vessels.
A federal agency requests humanitarian help following the outbreak of a disease in a small, foreign village, which quickly garners a group of volunteers who speak the language of the community.
These translators are among the 4,000-member National Defense Language Corps. They volunteer their second-language skills and cultural knowledge when the need arises across the Defense Department and the federal government, said Dr. Michael Nugent, director of the Defense Language National Security Office and National Security Education Office.
Nugent said the corps’ language assistance is one of the largest innovations in the federal sector. Agencies foreign and domestic that have sought the corps’ capabilities include the Centers for Disease Control and Prevention, the Peace Corps, the Department of Labor, and Interpol.
The volunteer members of the corps, a DOD organization, fill needs for any one of 260 languages and cultural knowledge, he said.
"If you are a combatant commander, you cannot have on hand 260 linguists who speak all those languages. It’s just too cost prohibitive [and] it’s very difficult to find those resources," Nugent said.
"We at the Department of Defense, plus the rest of the federal government, have an incredible need for language skills and these skills are enduring," he said. "The language corps provides a way to augment our federal service in times of need through [the use of] volunteers."
The volunteers in the program must be at least 18 years old. None are full-time employees but are on call to report for work, which could last anywhere from a few hours to a couple of months, Nugent said, adding that most volunteers work a week at a time. He added the corps is seeking nonfederal workers, to augment the federal sector.
Volunteers receive training and are compensated for their services by becoming temporary federal employees during the time they travel and work.
Once partially a pilot program, the corps has become permanent, following President Barack Obama’s Jan. 2 signing of the 2013 National Defense Authorization Act.
Many volunteers have grown up in other countries or have heritage language skills spoken at home, Nugent said, noting some are retired military linguists.
And with 4,000 volunteers, Nugent expects the corps to boast 15,000 members as the program is ramped up to further complement the federal sector.
The volunteers’ cultural knowledge of the languages they speak is crucial, Nugent said.
"[By] growing up in another country or speaking another language, there are different ways of doing things in different countries, and what these folks bring with them is an understanding of how things are done in other … cultures," Nugent explained.
Having people with those cultural and language skills makes a big difference, he said.
"In these times when we are drawing down a lot of capabilities, the corps offers an opportunity to retain a lot of language capability," Nugent noted. "It’s hard to create that capability in-house; it’s costly. The corps gives us an opportunity to retain that capability and draw upon it in times of need. That’s one of the most important aspects of the corps."
Nugent said members of the corps sign up for one particular reason.
"They want to volunteer and serve the nation," he said. "They’re not trying to make money out of this. They’re trying to give back to the country."
Language Corps Members Employ Skills for Nation
By Terri Moon Cronk
American Forces Press Service
WASHINGTON, Jan. 9, 2013 – A man translates the deposition of a Somali pirate for the FBI.
A woman who speaks Mandarin Chinese works with the Coast Guard aboard a cutter off the African coast to monitor Mandarin fishing vessels.
A federal agency requests humanitarian help following the outbreak of a disease in a small, foreign village, which quickly garners a group of volunteers who speak the language of the community.
These translators are among the 4,000-member National Defense Language Corps. They volunteer their second-language skills and cultural knowledge when the need arises across the Defense Department and the federal government, said Dr. Michael Nugent, director of the Defense Language National Security Office and National Security Education Office.
Nugent said the corps’ language assistance is one of the largest innovations in the federal sector. Agencies foreign and domestic that have sought the corps’ capabilities include the Centers for Disease Control and Prevention, the Peace Corps, the Department of Labor, and Interpol.
The volunteer members of the corps, a DOD organization, fill needs for any one of 260 languages and cultural knowledge, he said.
"If you are a combatant commander, you cannot have on hand 260 linguists who speak all those languages. It’s just too cost prohibitive [and] it’s very difficult to find those resources," Nugent said.
"We at the Department of Defense, plus the rest of the federal government, have an incredible need for language skills and these skills are enduring," he said. "The language corps provides a way to augment our federal service in times of need through [the use of] volunteers."
The volunteers in the program must be at least 18 years old. None are full-time employees but are on call to report for work, which could last anywhere from a few hours to a couple of months, Nugent said, adding that most volunteers work a week at a time. He added the corps is seeking nonfederal workers, to augment the federal sector.
Volunteers receive training and are compensated for their services by becoming temporary federal employees during the time they travel and work.
Once partially a pilot program, the corps has become permanent, following President Barack Obama’s Jan. 2 signing of the 2013 National Defense Authorization Act.
Many volunteers have grown up in other countries or have heritage language skills spoken at home, Nugent said, noting some are retired military linguists.
And with 4,000 volunteers, Nugent expects the corps to boast 15,000 members as the program is ramped up to further complement the federal sector.
The volunteers’ cultural knowledge of the languages they speak is crucial, Nugent said.
"[By] growing up in another country or speaking another language, there are different ways of doing things in different countries, and what these folks bring with them is an understanding of how things are done in other … cultures," Nugent explained.
Having people with those cultural and language skills makes a big difference, he said.
"In these times when we are drawing down a lot of capabilities, the corps offers an opportunity to retain a lot of language capability," Nugent noted. "It’s hard to create that capability in-house; it’s costly. The corps gives us an opportunity to retain that capability and draw upon it in times of need. That’s one of the most important aspects of the corps."
Nugent said members of the corps sign up for one particular reason.
"They want to volunteer and serve the nation," he said. "They’re not trying to make money out of this. They’re trying to give back to the country."
GEORGIA MEN PLEAD GUILTY TO BRIBING OFFICIAL
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 10, 2013 Georgia Men Plead Guilty to Bribing Official to Secure Government Contracts
Defendants Admit to Overcharging Defense Department More Than $900,000
WASHINGTON – Two men employed by a machine products vendor in Albany, Ga., have pleaded guilty to bribing a public official working for a military organization at the Marine Corps Logistics Base Albany (MCLB-Albany) to secure contracts for machine products, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
Thomas J. Cole Jr., 43, and Fredrick W. Simon, 55, both of Albany, each pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During their guilty pleas, Cole, the general manager of an Albany-based machine products vendor, and Simon, an employee responsible for processing sales orders, admitted to participating in a scheme to secure sales order contracts from the Maintenance Center Albany (MCA) at MCLB-Albany by subverting a competitive bid process. The MCA is responsible for rebuilding and repairing ground combat and combat support equipment, much of which has been utilized in military missions in Afghanistan and Iraq, as well as other parts of the world. To accomplish the scheme, Cole and Simon bribed a MCA purchase tech responsible for placing machine product orders. Cole and Simon admitted to participating in the scheme at the purchase tech’s suggestion, after Simon had spoken with the purchase tech about how his company could obtain business from the MCA. Cole and Simon admitted that, at the purchase tech’s request, they paid the purchase tech a bribe of at least $75 for each of the more than 1,000 sales orders MCA placed with their company. According to court documents, the purchase tech would transmit sales bids to Simon and then communicate privately to him exactly how much money the company should bid for each particular order. Cole and Simon admitted that these orders were extremely profitable, often times exceeding the fair market value of the machine products, sometimes by as much as 1,000 percent.
Cole and Simon further admitted that, at the purchase tech’s urging, in 2011 they began routing some orders through a second company, owned by Cole, because the volume of orders MCA placed with the first company was so high. They also admitted that the purchase tech increased the bribe required for orders as the scheme progressed. Cole and Simon admitted to paying the purchase tech approximately $161,000 in bribes during the nearly two-year scheme. Cole admitted to personally receiving approximately $209,000 in proceeds from the scheme; Simon admitted to personally receiving approximately $74,500. Both admitted that the total loss to the Department of Defense from overcharges associated with the machine product orders placed during the scheme was approximately $907,000.
At sentencing, Cole and Simon each face a maximum penalty of 15 years in prison and a fine of not more than twice the pecuniary loss to the government. As part of their plea agreements with the United States, Cole and Simon both agreed to forfeit the proceeds they received from the scheme, as well as to pay full restitution to the Department of Defense. Sentencing has not yet been scheduled.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Defense Criminal Investigative Service.
Thursday, January 10, 2013 Georgia Men Plead Guilty to Bribing Official to Secure Government Contracts
Defendants Admit to Overcharging Defense Department More Than $900,000
WASHINGTON – Two men employed by a machine products vendor in Albany, Ga., have pleaded guilty to bribing a public official working for a military organization at the Marine Corps Logistics Base Albany (MCLB-Albany) to secure contracts for machine products, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
Thomas J. Cole Jr., 43, and Fredrick W. Simon, 55, both of Albany, each pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During their guilty pleas, Cole, the general manager of an Albany-based machine products vendor, and Simon, an employee responsible for processing sales orders, admitted to participating in a scheme to secure sales order contracts from the Maintenance Center Albany (MCA) at MCLB-Albany by subverting a competitive bid process. The MCA is responsible for rebuilding and repairing ground combat and combat support equipment, much of which has been utilized in military missions in Afghanistan and Iraq, as well as other parts of the world. To accomplish the scheme, Cole and Simon bribed a MCA purchase tech responsible for placing machine product orders. Cole and Simon admitted to participating in the scheme at the purchase tech’s suggestion, after Simon had spoken with the purchase tech about how his company could obtain business from the MCA. Cole and Simon admitted that, at the purchase tech’s request, they paid the purchase tech a bribe of at least $75 for each of the more than 1,000 sales orders MCA placed with their company. According to court documents, the purchase tech would transmit sales bids to Simon and then communicate privately to him exactly how much money the company should bid for each particular order. Cole and Simon admitted that these orders were extremely profitable, often times exceeding the fair market value of the machine products, sometimes by as much as 1,000 percent.
Cole and Simon further admitted that, at the purchase tech’s urging, in 2011 they began routing some orders through a second company, owned by Cole, because the volume of orders MCA placed with the first company was so high. They also admitted that the purchase tech increased the bribe required for orders as the scheme progressed. Cole and Simon admitted to paying the purchase tech approximately $161,000 in bribes during the nearly two-year scheme. Cole admitted to personally receiving approximately $209,000 in proceeds from the scheme; Simon admitted to personally receiving approximately $74,500. Both admitted that the total loss to the Department of Defense from overcharges associated with the machine product orders placed during the scheme was approximately $907,000.
At sentencing, Cole and Simon each face a maximum penalty of 15 years in prison and a fine of not more than twice the pecuniary loss to the government. As part of their plea agreements with the United States, Cole and Simon both agreed to forfeit the proceeds they received from the scheme, as well as to pay full restitution to the Department of Defense. Sentencing has not yet been scheduled.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Defense Criminal Investigative Service.
PRESIDENT OBAMA SAYS WE ARE NEAR MISSION OBJECTIVE
Obama: Mission Objective in Afghanistan 'Within Reach'
By Terri Moon Cronk
American Forces Press Service
WASHINGTON, Jan. 12, 2013 - The mission objective to prevent al-Qaida from using Afghanistan to launch attacks against the United States is within reach, President Barack Obama said in his weekly address to the nation today.
"This week, I welcomed [Afghanistan] President Hamid Karzai to the White House to discuss the way ahead in Afghanistan," Obama said in his address. "And today, I want to update you on how we will end this war, bring our troops home, and continue the work of rebuilding America."
The president thanked U.S. service members, noting the United States has "dealt devastating blows" to al-Qaida and ejected the Taliban from their strongholds in the past four years.
Obama said the 33,000 additional forces he ordered to Afghanistan served with honor, completed their mission, and returned home last fall as promised.
"This week, [President Karzai and I] agreed that this spring, Afghan forces will take the lead for security across the entire country and our troops will shift to a support role," Obama said. "In the coming months, I'll announce the next phase of our drawdown. By the end of next year, America's war in Afghanistan will be over."
Obama gave credit for the progress made in Afghanistan to the "heroic sacrifices of our troops and diplomats, alongside forces from many other nations."
More than a half-million Americans -- military and civilian -- have served in Afghanistan, the president said, noting thousands of have been wounded and more than 2,000 have given their lives.
And, the drawdown in Afghanistan remains a challenge, he said.
"This remains a very difficult mission," Obama said. "The work ahead will not be easy. Our forces are still in harm's way. But make no mistake -- our path is clear, and we are moving forward."
Now, the United States must "care for our troops and veterans who fought in our name," the president said.
By Terri Moon Cronk
American Forces Press Service
WASHINGTON, Jan. 12, 2013 - The mission objective to prevent al-Qaida from using Afghanistan to launch attacks against the United States is within reach, President Barack Obama said in his weekly address to the nation today.
"This week, I welcomed [Afghanistan] President Hamid Karzai to the White House to discuss the way ahead in Afghanistan," Obama said in his address. "And today, I want to update you on how we will end this war, bring our troops home, and continue the work of rebuilding America."
The president thanked U.S. service members, noting the United States has "dealt devastating blows" to al-Qaida and ejected the Taliban from their strongholds in the past four years.
Obama said the 33,000 additional forces he ordered to Afghanistan served with honor, completed their mission, and returned home last fall as promised.
"This week, [President Karzai and I] agreed that this spring, Afghan forces will take the lead for security across the entire country and our troops will shift to a support role," Obama said. "In the coming months, I'll announce the next phase of our drawdown. By the end of next year, America's war in Afghanistan will be over."
Obama gave credit for the progress made in Afghanistan to the "heroic sacrifices of our troops and diplomats, alongside forces from many other nations."
More than a half-million Americans -- military and civilian -- have served in Afghanistan, the president said, noting thousands of have been wounded and more than 2,000 have given their lives.
And, the drawdown in Afghanistan remains a challenge, he said.
"This remains a very difficult mission," Obama said. "The work ahead will not be easy. Our forces are still in harm's way. But make no mistake -- our path is clear, and we are moving forward."
Now, the United States must "care for our troops and veterans who fought in our name," the president said.
MARS ROVER TAKES PHOTO OF COPPER CLIFF
FROM: NASA, COPPER CLIFF
Opportunity at 'Copper Cliff,' Sol 3153, Stereo View
This 180-degree, stereo mosaic of images from the navigation camera on the NASA Mars Exploration Rover Opportunity shows terrain near the rover during the 3,153rd Martian day, or sol, of the rover's work on Mars (Dec. 6, 2012). West is at the center, south at the left edge, north at the right edge. The view appears in three dimensions when viewed through red-blue glasses with the red lens on the left.
Opportunity had driven about 7 feet (2.2 meters) westward earlier on Sol 3153 to get close to the outcrop called "Copper Cliff," which is in the center of this scene. The location is on the east-central portion of "Matijevic Hill" on the "Cape York" segment of the western rim of Endeavour Crater.
The view is presented as a cylindrical-perspective projection.
Credit-NASA-JPL-Caltech
DOD MEMO INDICATES A PLAN FOR BUDGET UNCERTAINTIES
Ashton B. Carter |
Memo Tells DOD Components to Plan for Budget Uncertainties
By Jim Garamone
American Forces Press Service
WASHINGTON, Jan. 10, 2013 - Deputy Defense Secretary Ashton B. Carter has released a memo directing the services and defense agencies to begin planning for possible upcoming budget challenges.
The memo allows defense components to freeze civilian hiring, terminate temporary hires and reduce base operating funds. It also allows components to curtail travel, training and conferences and to curtail administrative expenses.
The memo -- dated today -- points to the threat of sequestration and the continued use of a continuing resolution as a way to fund the department. Sequestration was to have become effective Jan. 2, but Congress delayed its activation until March 1 to give lawmakers more time to come up with an alternative. It would impose major across-the-board spending cuts.
Since Congress did not approve an appropriations act for fiscal 2013, the Defense Department has been operating under a continuing resolution and will continue to do so at least through March 27. Because most operating funding was planned to increase from fiscal 2012 to fiscal 2013, but instead is being held at fiscal 2012 levels under the continuing resolution, funds will run short at current rates of expenditure if the continuing resolution continues through the end of the fiscal year in its current form, Carter wrote in the memo.
Given this budgetary uncertainty, the department must take steps now, the deputy secretary said.
"I therefore authorize all Defense components to begin implementing measures that will help mitigate execution risks," the memo reads. "For now, and to the extent possible, any actions taken must be reversible at a later date in the event that Congress acts to remove the risks. ... The actions should be structured to minimize harmful effects on our people and on operations and unit readiness."
The memo allows components to review contracts and studies for possible cost savings, to cancel third- and fourth-quarter ship maintenance, and to examine ground and aviation depot-level maintenance. This last must be finished by Feb. 15.
It also calls on all research and development and production and contract modifications that obligate more than $500 million to be cleared with the undersecretary of defense for acquisition, technology and logistics before being awarded.
For science and technology accounts, the components must provide the undersecretary and the assistant secretary of defense for research and engineering with an assessment of the budgetary impacts that the budgetary uncertainty will cause to research priorities.
JUSTICE SETTLES DEVELOPMENTAL DISABILITEIS LITIGATION WITH STATE OF TENNESSEE
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 10, 2013
Justice Department Obtains Comprehensive Agreement to Resolve Long Standing Litigation Regarding the Rights of People with Developmental Disabilities
Today, the Justice Department announced that it filed in federal court yesterday afternoon a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC). On Jan. 15, 2013, the U.S. District Court in Memphis, Tenn., will conduct a hearing to determine whether to approve the agreement. Individuals affected by the agreement are invited to attend the hearing and provide comment to the Court.
Over the 20-year course of the litigation, the state has made significant changes in the delivery of services for a class comprised of former ADC residents and many other individuals who were deemed at-risk of placement at ADC. Tennessee closed ADC in October 2010. The new agreement reaches many of those in the group deemed at risk of placement in ADC prior to its closure.
The agreement resolves remaining issues in the litigation by expanding community-based services so that the state can serve people with developmental disabilities, including intellectual disabilities, in their own homes, their families’ homes or other integrated community settings. The agreement also will provide class members in nursing homes to choice to receive services in integrated, community-based settings. Over the next year, Tennessee will expand community services by providing home and community-based Medicaid waivers to Medicaid-eligible individuals; seeking new and cost-efficient models of care for class members with behavioral needs; and providing supported employment for class members seeking work. This expansion will provide people the opportunity to transition successfully from nursing and other facilities to community settings that can meet their needs and prevent new people from being unnecessarily institutionalized.
"This agreement will provide remaining class members with developmental disabilities in western Tennessee the opportunity to live successfully in their homes and communities and bring this long-standing litigation to an appropriate end," said Assistant Attorney General Thomas E. Perez. "I commend Governor Haslam for his leadership on this issue, and we will continue to work with states around the country, as we have with Virginia, Georgia, Delaware, North Carolina, and – today – Tennessee, to ensure that people with disabilities are given the choice to live in community-based settings."
"This is an example of the state of Tennessee making the choice to do what is not only legally right, but right in the grander sense," said U.S. Attorney Edward L. Stanton III. "Protecting the civil rights of every citizen is a fundamental duty of our office and this agreement does so while preserving the dignity and improving the quality of life for some of our most vulnerable citizens."
Upon the state’s successful completion of the agreement, the litigation is expected to come to an end. In 1991, the department released a findings letter pursuant to the Civil Rights for Institutionalized Persons Act (CRIPA) detailing conditions at ADC that violated residents’ constitutional rights. The following year the department brought suit to remedy those conditions. The court joined that suit with a separate suit brought by People First of Tennessee concerning ADC and the rights of people at risk of institutionalization at ADC. People First remains active in the case and also is a party to the agreement.
Civil Rights Division staff Jonathan Smith, chief; Shelley Jackson, deputy chief; and senior trial attorneys Jonas Geissler and Michelle Jones, worked on the case and the agreement .
AFGHAN FORCES WILL SOON TAKE LEAD IN NATION'S SECURITY
Afghan Forces Accelerate Taking Security Lead in Country
By Jim Garamone
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - Afghan forces will take the lead for security throughout Afghanistan this spring rather than at mid-year, President Barack Obama announced at a White House news conference today.
Obama and Afghan President Hamid Karzai spoke following White House meetings.
The Afghan president emphasized that the number of American forces that will remain in Afghanistan after the NATO mission concludes at the end of 2014 is not crucial.
"Numbers are not going to make a difference to the situation in Afghanistan," Karzai said. "It's the broader relationship that will make a difference to Afghanistan and beyond in the region. The specifics of numbers are issues that the military will decide and Afghanistan will have no particular concern when we are talking of numbers and how they are deployed."
Afghan forces will be in the lead sooner than planned, Obama said. U.S. and NATO forces have been training Afghan police and soldiers, who have progressed to the point where they are able to take the lead, Obama said. "We are able to meet those goals and accelerate them somewhat," he said. "What's going to happen this spring is that Afghans will be in the lead throughout the country."
U.S. forces will still be in the fight, the president said. "It does mean, though, that Afghans will have taken the lead and our presence, the nature of our work, will be different," he said. "We will be in a training, assisting, advising role."
This will lead to a responsible end to the war in Afghanistan by the end of 2014, the president said. "This progress is only possible because of the incredible sacrifices of our troops and our diplomats, the forces of our many coalition partners, and the Afghan people, who've endured extraordinary hardship," he added.
Obama noted that more than 2,000 Americans have been killed in Afghanistan since the war began in 2001, and tens of thousands have been wounded. "These are patriots that we honor today, tomorrow, and forever," he said.
The president promised that the number of U.S. service members in Afghanistan will continue to drop over the next year. Some 66,000 Americans are deployed to the nation now. "I've pledged we'll continue to bring our forces home at a steady pace," he said. "And in the coming months, I'll announce the next phase of our drawdown, a responsible drawdown that protects the gains our troops have made."
Karzai and Obama discussed the still to be worked out bilateral security agreement between the two nations. Part of this is a status of forces agreement, which will protect American service members. Both said they think an agreement is possible this year.
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