Wednesday, May 1, 2013
SENATE ARMED SERVICES COMMITTEE FINDS OVERSEAS CONSTRUCTION PROJECTS LACKING OVERSIGHT
FROM: SENATE ARMED SERVICES COMMITTEE CHAIRMAN CARL LEVIN'S WEBSITEWednesday, April 17, 2013
WASHINGTON – A Senate Armed Services Committee review of the Defense Department’s annual $10 billion overseas spending [PDF] has found construction projects lacking congressional or Pentagon oversight, and allied contributions failing to keep up with rapidly rising U.S. costs.
The year-long review of spending in Japan, South Korea and Germany, where nearly 70 percent of spending to support our permanent overseas facilities takes place, suggests that changes to the management of such spending are necessary and that closer scrutiny is warranted to avoid future commitments that may be inefficient or unaffordable.
"Japan, South Korea and Germany are critical allies. In order to better sustain our presence in these important locations, we need to understand and control our costs. Federal dollars should always be spent with utmost care, but at a time when the Pentagon and the entire federal government face enormous fiscal challenges, the questionable projects and lack of oversight identified in this review are simply unacceptable," said Sen. Carl Levin, D-Mich., the committee chairman. "Every dollar spent on unnecessary or unsustainable projects is a dollar unavailable to care for our troops and their families, to maintain and modernize equipment, and to pay for necessary investments in base infrastructure."
"This report reaffirms the committee's commitment to ensure that the resources we provide to the armed forces, as well as contributions provided by our allies, are directed towards the most critical core defense requirements of our U.S. Military stationed overseas," said Sen. James Inhofe, R-Okla., the committee’s ranking member. "In an unprecedented era of rapidly decreasing defense funds, we will continue to extend oversight to each and every taxpayer dollar spent for our national defense."
Among the review’s findings:
U.S. Forces Korea’s (USFK) use of hundreds of millions of dollars of in-kind contributions from South Korea is subject to little oversight by the Department of the Army, U.S. Pacific Command or the Defense Department. Congress is not even notified about projects built by USFK with in-kind contributions. The committee’s review identified plans to use in-kind contributions for a $10 million museum and a fiscally ill-conceived dining hall project rather than mission-critical facilities.
A U.S. Army proposal for a public-private partnership to build military family housing in South Korea would increase the rental portion of the overseas housing allowance paid to military families housed in the development from the current standard $1,600 per month to $3,900 per month. The Army’s justification for the proposed increase relies on an unprecedented interpretation of overseas housing allowance regulations. The committee’s analysis indicates that, if approved, the proposal would cost U.S. taxpayers hundreds of millions of dollars more than the standard overseas housing allowance for military families.
The committee’s findings raise issues associated with cost of the planned realignment of U.S. forces in the Asia Pacific. The committee has declined to authorize spending for some of these realignment initiatives until detailed plans and cost estimates are produced.
U.S. contributions to the cost of maintaining forces in South Korea grew by more than $500 million between 2008 and 2012. By comparison, South Korea’s contributions under the U.S. – Korea Special Measures Agreement grew by about $42 million during that same period.
In Japan, host-nation burden-sharing payments have failed to keep pace with U.S. costs. For example, Japan’s contributions to a voluntary cost-sharing program have fallen more than 80 percent since 1992 from more than $1 billion to about $200 million.
In response to the findings, Levin has asked Armed Services Committee staff to look into what changes in law may be required to reform how foreign government payments are negotiated and spent. Levin has previously communicated to the department his opposition to the large proposed increase in rental rates to support the construction of family housing in South Korea. Already, Congress has precluded the Department from spending funds to support Marine realignment in the Pacific until the Pentagon produces detailed plans and cost estimates and meets other requirements.
USS MONTEREY ARRIVES IN ALBANIAN PORT AND JOHN C. STENNIS CARRIER STRIKE GROUP AIRCRAFT FLY IN FORMATION
FROM: U.S. NAVY
130428-N-QL471-088 PORTO PALERMO, Albania (April 28, 2013) The guided-missile cruiser USS Monterey (CG 61) arrives in Porto Palermo, Albania, to participate in an exercise with the Albanian navy. Monterey is deployed in support of maritime security operations and theater security cooperation efforts in the U.S. 6th Fleet area of responsibility. (U.S. Navy photo by Mass Communication Specialist 3rd Class Billy Ho/Released)
130425-N-YW024-236 PACIFIC OCEAN (April 25,2013) Aircraft from the John C. Stennis Carrier Strike Group fly in formation during an air power demo above the aircraft carrier USS John C. Stennis (CVN 74). The John C. Stennis Carrier Strike Group, consisting of Stennis, CVW-9, Destroyer Squadron 21 and guided-missile cruiser USS Mobile Bay (CG-53), is returning from an eight-month deployment to the U.S. 5th and 7th Fleet areas of responsibility. (U.S. Navy Photo by Mass Communication Specialist 3rd Class Katarzyna Kobiljak/ Released)
GSA TOUTS COMPETITION'S SUCESS IN CUTTING ENERGY USE IN BUILDINGS
FROM: GENERAL SERVICES ADMINISTRATION
GSA's ENERGY STAR Buildings Save Taxpayer Dollars
15 federal buildings in national building competition make deep cuts in energy use
April 30, 2013
Washington, DC -- Today, the U.S. General Services Administration (GSA) announced that 15 of its buildings saved an estimated $961,470 taxpayer dollars and met top energy benchmarks in the 2012 ENERGY STAR National Building Competition. GSA is meeting energy performance standards in buildings across our portfolio with a variety of strategies, and our efforts are improving federal buildings and saving taxpayer dollars, while easing the government’s impact on the environment.
"These 15 buildings saved nearly a million taxpayer dollars, and across our portfolio of federal buildings we are finding ways to bring down costs and deliver better value to the American people," said Dorothy Robyn, GSA’s Public Buildings Service Commissioner. "GSA is proud to have so many of our buildings meet top rankings in such a wide competition. We are using variety of strategies to make our existing buildings more energy efficient, and they are paying off."
Two of GSA’s facilities achieved energy reductions of more than 30 percent and made it into the top 10 rankings in a competition that included more than 3,000 schools, businesses, and government buildings nationwide. The Martin Luther King Jr. Federal Courthouse in Newark, New Jersey achieved a 36.8 percent energy savings and the San Antonio Federal Building in San Antonio, Texas achieved 34.4 savings. GSA had 13 more buildings that were remarkably strong competitors in this contest and reduced energy consumption by at least 20 percent.
GSA’s participation in this contest drove down utility bills and substantially reduced greenhouse gas emissions. GSA used advanced meters and smart buildings technology to monitor improvements. Some other examples of the measures taken in these buildings included insulation projects, sealing structures, manually adjusting window shades, using smaller water heaters, and retrofitting light fixtures.
The 2012 Energy Star National Building Competition measured energy performance for the entire 2012 calendar year. GSA tracked monthly energy consumption using EPA's free online energy tracking tool, Enerby Star Portfolio Manager. The energy reductions for each of the top competitors were verified by an independently licensed professional engineer or registered architect. The program calculated cost savings using the national average costs for commercial utilities. .
In his 2009 Executive Order, President Obama directed federal agencies to lead by example in their environmental, energy, and economic performance. GSA has made our portfolio of federal buildings more energy efficient through an array of strategies including EPA’s ENERGY STAR programs, Energy Savings Performance Contracts, GSA’s Shave Energy Program, advanced metering, and Green Proving Ground Program.
Below is a complete list of GSA’s 2012 ENERGY STAR National Building Competition facilities that reduced energy consumption by at least 20 percent.
• Martin Luther King Jr. Federal Courthouse, Newark, New Jersey -- 36.8 percent
• San Antonio Federal Building, San Antonio, Texas -- 34.4 percent
• IRS Building, Provo, Utah -- 30.8 percent
• Pierre Federal Courthouse, Pierre, South Dakota -- 28.9 percent
• Allen Ellender Federal Building, Houma, Louisiana -- 27.4 percent
• Howard M. Metzenbaum U.S. Courthouse, Cleveland, Ohio -- 26.7 percent
• Thomas Foley Courthouse, Spokane, Washington -- 23.4 percent
• Neal Smith Federal Building, Des Moines, Iowa -- 23.4 percent
• F. Edward Herbert Federal Building, New Orleans, Louisiana -- 22.5 percent
• Martin Luther King Jr. Federal Building, Victoria, Texas -- 22.5 percent
• U.S. Border Station, North Troy, Vermont -- 22 percent
• Elijah Barrett Prettyman U.S. Courthouse, Washington, D.C. -- 21.9 percent
• Grand Island Federal Building, Grand Island, Nebraska -- 21.5 percent
• Nathaniel R. Jones Federal Building and U.S. Courthouse, Youngstown, Ohio -- 20.4 percent
• United States Post Office and Courthouse, Batesville, Arkansas -- 20.1 percent
GSA's ENERGY STAR Buildings Save Taxpayer Dollars
15 federal buildings in national building competition make deep cuts in energy use
April 30, 2013
Washington, DC -- Today, the U.S. General Services Administration (GSA) announced that 15 of its buildings saved an estimated $961,470 taxpayer dollars and met top energy benchmarks in the 2012 ENERGY STAR National Building Competition. GSA is meeting energy performance standards in buildings across our portfolio with a variety of strategies, and our efforts are improving federal buildings and saving taxpayer dollars, while easing the government’s impact on the environment.
"These 15 buildings saved nearly a million taxpayer dollars, and across our portfolio of federal buildings we are finding ways to bring down costs and deliver better value to the American people," said Dorothy Robyn, GSA’s Public Buildings Service Commissioner. "GSA is proud to have so many of our buildings meet top rankings in such a wide competition. We are using variety of strategies to make our existing buildings more energy efficient, and they are paying off."
Two of GSA’s facilities achieved energy reductions of more than 30 percent and made it into the top 10 rankings in a competition that included more than 3,000 schools, businesses, and government buildings nationwide. The Martin Luther King Jr. Federal Courthouse in Newark, New Jersey achieved a 36.8 percent energy savings and the San Antonio Federal Building in San Antonio, Texas achieved 34.4 savings. GSA had 13 more buildings that were remarkably strong competitors in this contest and reduced energy consumption by at least 20 percent.
GSA’s participation in this contest drove down utility bills and substantially reduced greenhouse gas emissions. GSA used advanced meters and smart buildings technology to monitor improvements. Some other examples of the measures taken in these buildings included insulation projects, sealing structures, manually adjusting window shades, using smaller water heaters, and retrofitting light fixtures.
The 2012 Energy Star National Building Competition measured energy performance for the entire 2012 calendar year. GSA tracked monthly energy consumption using EPA's free online energy tracking tool, Enerby Star Portfolio Manager. The energy reductions for each of the top competitors were verified by an independently licensed professional engineer or registered architect. The program calculated cost savings using the national average costs for commercial utilities. .
In his 2009 Executive Order, President Obama directed federal agencies to lead by example in their environmental, energy, and economic performance. GSA has made our portfolio of federal buildings more energy efficient through an array of strategies including EPA’s ENERGY STAR programs, Energy Savings Performance Contracts, GSA’s Shave Energy Program, advanced metering, and Green Proving Ground Program.
Below is a complete list of GSA’s 2012 ENERGY STAR National Building Competition facilities that reduced energy consumption by at least 20 percent.
• Martin Luther King Jr. Federal Courthouse, Newark, New Jersey -- 36.8 percent
• San Antonio Federal Building, San Antonio, Texas -- 34.4 percent
• IRS Building, Provo, Utah -- 30.8 percent
• Pierre Federal Courthouse, Pierre, South Dakota -- 28.9 percent
• Allen Ellender Federal Building, Houma, Louisiana -- 27.4 percent
• Howard M. Metzenbaum U.S. Courthouse, Cleveland, Ohio -- 26.7 percent
• Thomas Foley Courthouse, Spokane, Washington -- 23.4 percent
• Neal Smith Federal Building, Des Moines, Iowa -- 23.4 percent
• F. Edward Herbert Federal Building, New Orleans, Louisiana -- 22.5 percent
• Martin Luther King Jr. Federal Building, Victoria, Texas -- 22.5 percent
• U.S. Border Station, North Troy, Vermont -- 22 percent
• Elijah Barrett Prettyman U.S. Courthouse, Washington, D.C. -- 21.9 percent
• Grand Island Federal Building, Grand Island, Nebraska -- 21.5 percent
• Nathaniel R. Jones Federal Building and U.S. Courthouse, Youngstown, Ohio -- 20.4 percent
• United States Post Office and Courthouse, Batesville, Arkansas -- 20.1 percent
WI-FI TO BE PRIMARY MEANS FOR DOD PERSONNEL TO ACCESS DATA
FROM: U.S. DEPARTMENT OF STATE
'Any Time, Anywhere' Data Access Coming Soon, Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, April 30, 2013 - In the not-too-distant future, Defense Department personnel will be able to securely access data any time and anywhere, the department's deputy chief information officer for command, control, communications and computers and information infrastructure said here today.
The current mobility strategy calls for Wi-Fi to be the primary means for DOD personnel to access routine data by 2017, Air Force Maj. Gen. Robert E. Wheeler said at the Mobile Work Exchange Spring 2013 Town Hall Meeting.
The department is conducting more than 70 pilot programs in its effort to make this vision a reality, he said.
One of these programs, the electronic flight bag, paid for itself within about a month of implementation, he said. In the past, airplane pilots had to carry with them numerous paper manuals and maps every time they flew, and each had to be regularly updated. The publications could weigh up to 80 pounds, depending on the aircraft, Wheeler said.
"You carry all that on a tablet, ... you think of the fuel savings. You think of the ability to update on a commercial site. ... It was a big money savings for us," he said.
The modernization of Defense Department mobile communications hasn't been mistake-free, the general acknowledged, citing as an example the secure mobile environment portable electronic device, or SME PED. The devices, intended to enable users to send and receive both classified and unclassified data, cost more than $8,000 per unit and are too slow for today's data-driven communications, Wheeler said. The mobility strategy calls for the device to be phased out from fiscal year 2015 to fiscal 2017.
The department will continue to look for faster, more secure and cheaper ways to use technology and transmit information, he said, adding that the ultimate goal is to speed up productivity to maintain information dominance.
"Our challenge is to bring it to the warfighter every place they need it -- whether it's in Washington, D.C., to the edge of the battlefield, [or] onto the battlefield," Wheeler said.
Location isn't the only challenge, he said. The department divides data into one of three domains, Wheeler said: commercial, unclassified and classified. Classified data requires special consideration, and mobile device access to this domain is being implemented more slowly than it is to the unclassified domain.
The Defense Information Systems Agency is rolling out mobile device access to DOD users in multiple phases, Wheeler said. By fiscal 2014, more than 100,000 mobile devices will be approved for access to unclassified Defense Department networks, he added.
"Right now, our process is 9 to 12 months to approve a phone," he said. That's too long if the department wants to keep pace with technology, Wheeler said.
The department is working with the National Institute of Standards and Technology to refine requirements for these devices, he said. DOD's goal is for new hardware, new applications and new mobile operating systems to be approved or denied for use on defense networks within 30 days of submission, Wheeler said, ensuring that the right devices are in the hands of warfighters as quickly as possible.
In the future, mobile devices could, in some cases, entirely replace desktop computers or desk phones, Wheeler said. But even before that happens, he said, by cutting down on costs and ending the "fragmented methodologies" of the old mobility strategy, the mobility program pays for itself in about 15 months.
That includes all the front-end investment, all the networking and all the mobile device management, Wheeler added.
"So, from a taxpayer perspective, it's a very good approach," he said, adding that it will also allow the department to increase productivity. "We really don't even know how far we could go yet," Wheeler said, "and I think that's the exciting part of it."
'Any Time, Anywhere' Data Access Coming Soon, Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, April 30, 2013 - In the not-too-distant future, Defense Department personnel will be able to securely access data any time and anywhere, the department's deputy chief information officer for command, control, communications and computers and information infrastructure said here today.
The current mobility strategy calls for Wi-Fi to be the primary means for DOD personnel to access routine data by 2017, Air Force Maj. Gen. Robert E. Wheeler said at the Mobile Work Exchange Spring 2013 Town Hall Meeting.
The department is conducting more than 70 pilot programs in its effort to make this vision a reality, he said.
One of these programs, the electronic flight bag, paid for itself within about a month of implementation, he said. In the past, airplane pilots had to carry with them numerous paper manuals and maps every time they flew, and each had to be regularly updated. The publications could weigh up to 80 pounds, depending on the aircraft, Wheeler said.
"You carry all that on a tablet, ... you think of the fuel savings. You think of the ability to update on a commercial site. ... It was a big money savings for us," he said.
The modernization of Defense Department mobile communications hasn't been mistake-free, the general acknowledged, citing as an example the secure mobile environment portable electronic device, or SME PED. The devices, intended to enable users to send and receive both classified and unclassified data, cost more than $8,000 per unit and are too slow for today's data-driven communications, Wheeler said. The mobility strategy calls for the device to be phased out from fiscal year 2015 to fiscal 2017.
The department will continue to look for faster, more secure and cheaper ways to use technology and transmit information, he said, adding that the ultimate goal is to speed up productivity to maintain information dominance.
"Our challenge is to bring it to the warfighter every place they need it -- whether it's in Washington, D.C., to the edge of the battlefield, [or] onto the battlefield," Wheeler said.
Location isn't the only challenge, he said. The department divides data into one of three domains, Wheeler said: commercial, unclassified and classified. Classified data requires special consideration, and mobile device access to this domain is being implemented more slowly than it is to the unclassified domain.
The Defense Information Systems Agency is rolling out mobile device access to DOD users in multiple phases, Wheeler said. By fiscal 2014, more than 100,000 mobile devices will be approved for access to unclassified Defense Department networks, he added.
"Right now, our process is 9 to 12 months to approve a phone," he said. That's too long if the department wants to keep pace with technology, Wheeler said.
The department is working with the National Institute of Standards and Technology to refine requirements for these devices, he said. DOD's goal is for new hardware, new applications and new mobile operating systems to be approved or denied for use on defense networks within 30 days of submission, Wheeler said, ensuring that the right devices are in the hands of warfighters as quickly as possible.
In the future, mobile devices could, in some cases, entirely replace desktop computers or desk phones, Wheeler said. But even before that happens, he said, by cutting down on costs and ending the "fragmented methodologies" of the old mobility strategy, the mobility program pays for itself in about 15 months.
That includes all the front-end investment, all the networking and all the mobile device management, Wheeler added.
"So, from a taxpayer perspective, it's a very good approach," he said, adding that it will also allow the department to increase productivity. "We really don't even know how far we could go yet," Wheeler said, "and I think that's the exciting part of it."
LANL ARTICLE ON CONVERTING WOODY BIOMASS INTO VEHICLE FUELS
 |
| Los Alamos research better converts energy from fields into fuel tanks. Graphic Credit: LANL |
LOS ALAMOS, N.M., April 30, 2013—One of the more promising roads to energy independence leads away from crude oil and into the forests and fields. For years, scientists have been seeking efficient means to convert non-food based biomass into fuels and chemical feedstocks, reducing fossil-fuel dependence and reducing greenhouse gas emissions. To that end, Los Alamos scientists and collaborators from The University of Guelph in Canada published an article in the scientific journal Nature Chemistry this week that could offer a big step on the path to renewable energy.
The April journal article, "The hydrodeoxgenation of bioderived furans into alkanes," describes how to take building blocks that are derived from glucose or cellulose (a carbohydrate that is a constituent of woody biomass and the most common organic compound on Earth) and couple them with other bio-derived building blocks to give new molecules that have between eight and fifteen carbons in a row. The researchers’ then convert these molecules into hydrocarbons that are similar to those found in gasoline and diesel, enabling an opportunity to synthesize drop-in fuel replacements or industrial chemicals such as polymers, pharmaceuticals and pesticides from biomass.
This work describes a completely new approach, an alternative route to convert this class of molecules to hydrocarbons that uses much less energy and has a very high degree of conversion to provide pure products. This very general method allows researchers to generate a range of alkanes from a variety of biomass-derived molecules. The team is looking to improve catalyst recyclability and scale-up methods.
U.S. DEFENSE SECRETARY HAGEL MEETS WITH GERMAN DEFENSE MINISTER THOMAS de MAIZIERE
 |
| Defense Secretary Chuck Hagel, left, welcomes German Defense Minister Thomas de Maiziere at the Pentagon, April 30, 2013. The two defense leaders met to discuss issues of mutual concern. DOD photo by U.S. Marine Corps Sgt. Aaron Hostutler |
FROM: U.S DEPARTMENT OF DEFENSE
Hagel Hosts German Defense Minister at Pentagon
American Forces Press Service
WASHINGTON, April 30, 2013 - Defense Secretary Chuck Hagel hosted German Defense Minister Thomas de Maizière today at the Pentagon and commended Germany's leadership in Europe and among the NATO allies, Pentagon Press Secretary George Little said.
In a statement summarizing their meeting, Little said the two leaders discussed Germany's essential support to allied operations in Afghanistan.
"Secretary Hagel thanked Germany for its vital leadership within the International Security Assistance Force, particularly its leadership of Regional Command North," Little said. "Secretary Hagel applauded Germany's recent announcement to continue security support to Afghanistan post-2014 and discussed U.S. considerations for an enduring presence."
Hagel also appreciates Germany for its support to NATO's defensive mission in Turkey along the Syrian border, the press secretary said. Noting that Germany, the Netherlands, and the United States have contributed Patriot anti-missile batteries to augment Turkey's defenses, he added that "the mission demonstrates the solidarity of the alliance against common threats."
The two defense leaders also discussed NATO's future and the importance of the alliance, Little said.
"Secretary Hagel affirmed that NATO is not only the cornerstone of the transatlantic relationship, but the benchmark for multilateral security cooperation around the world," he said. "The leaders discussed ideas for improving NATO's capabilities and approaches for ensuring NATO remains capable of meeting future security challenges."
ISAF NEWS FROM AFGHANISTAN FOR APRIL 30, 2013
 |
| U.S. Army Pfc. Robert Tucker talks on his radio while providing rooftop security for the customs checkpoint at Torkham Gate in Afghanistan's Nangarhar province, April 24, 2013. Tucker, an infantryman, is assigned to the 101st Airborne Division's Company A, 1st Battalion, 327th Infantry Regiment, 1st Brigade Combat Team. U.S. Army photo by Spc. Margaret Taylor. |
Combined Force Arrests Taliban Facilitator in Logar Province
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, April 30, 2013 - A combined Afghan and coalition security force arrested a Taliban facilitator and another insurgent in the Pul-e Alam district of Afghanistan's Logar province today, military officials reported.
The facilitator is responsible for acquiring weapons and distributing them to insurgents throughout the district. He also is involved in attacks against Afghan and coalition forces and conducts reconnaissance operations against coalition military forces.
In Ghazni province's Muqor district yesterday, an Afghan quick-reaction force killed three insurgents and wounded four others after responding to an attack on a local police checkpoint.
In other news from Afghanistan, Afghan and coalition security forces today confirmed the arrest of a high-profile attack facilitator for the Taj Mir Jawad insurgent network during an April 28 operation in Paktia province's Gardez district. The facilitator is responsible for providing weapons and funding for insurgent fighters. At the time of his arrest, he was gathering supplies and fighters for a future high-profile attack against Afghan and coalition forces, officials said.
Tuesday, April 30, 2013
U.S. WORKS WITH JAPAN TO EASE SECURITY CONCERNS
 |
| U.S. Defense Secretary Chuck Hagel, left, listens as Japanese Defense Minister Itsunori Onodera makes a comment as they brief the press at the Pentagon, April 29, 2013. DOD photo by U.S. Marine Corps Sgt. Aaron Hostutler |
Hagel, Onodera Discuss U.S.-Japanese Security Concerns
By Jim Garamone
American Forces Press Service
WASHINGTON, April 29, 2013 - North Korea, the East China Sea and creating a new working group for joint intelligence, surveillance and reconnaissance capabilities were on the table as Defense Secretary Chuck Hagel and Japanese Defense Minister Itsunori Onodera met here today.
The U.S.-Japan alliance remains the cornerstone of security and prosperity in Northeast Asia, Hagel reaffirmed following Pentagon meetings.
The most obvious threat to stability in Northeast Asia is North Korea. The two men agreed to close cooperation and coordination to monitor and respond if needed to North Korean provocations. This will most definitely include increased cooperation on missile defense.
"Today we made progress on plans to deploy a second TPY-2 radar to Japan, which will help protect both of our nations from the threat of North Korean ballistic missiles," Hagel said during a news conference following the meeting. "The United States remains steadfast in our defense commitments to Japan, including extended deterrence and a further nuclear umbrella."
Onodera and Hagel discussed continuing friction in the East China Sea. Hagel stressed the American position that the regional security challenge must be resolved peacefully and cooperatively between the parties involved.
"In our discussion today, I reiterated the principles that govern longstanding U.S. policy on the Senkaku Islands," the secretary said. "The United States does not take a position on the ultimate sovereignty of the islands, but we do recognize they are under the administration of Japan and fall under our security treaty obligations."
China and Japan both claim the islands, and confrontations have resulted from the conflicting claims.
"Any actions that could raise tensions or lead to miscalculations affect the stability of the entire region," Hagel said. "Therefore, the United States opposes any unilateral or coercive action that seeks to undermine Japan's administrative control."
Hagel and Onodera agreed that Article 5 of the U.S.-Japan security treaty applies to the Senkaku Islands and "that we are opposed to any unilateral action that aims to change the status quo by force," the Japanese defense minister said through a translator.
Hagel said Army Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, delivered that message to Chinese officials during his visit to Beijing last week.
U.S. and Japanese defense planners also looked beyond the short-range threats in the region. The United States is working to rebalance forces to the Asia-Pacific area, and within the theater is rebalancing forces in Japan.
"Our staffs have been working for some time on a review of roles, missions and capabilities to inform any revisions to the defense guidelines that underpin our alliance cooperation," Hagel said.
The staffs identified intelligence, surveillance and reconnaissance capabilities as a critical priority.
"Today we announce the formation of a defense ISR working group to deepen cooperation in this area," the secretary said.
The two leaders discussed moving U.S. forces in Japan, and specifically on Okinawa. Onodera said he and Hagel confirmed U.S. plans to send 12 MV-22 Ospreys through Marine Corps Air Station Iwakuni this summer and then move them to Marine Corps Air Station Futenma.
Onodera also invited Hagel to Japan for "Two-Plus-Two" meetings that bring together U.S. and Japanese ministers of defense and foreign affairs.
CITY OF VICTORVILLE AND OTHERS CHARGED WITH DEFRAUDING MUNICIPAL BOND INVESTORS
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
SEC Charges City of Victorvile, Underwriter, and Others with Defrauding Municipal Bond Investors
Washington, D.C., April 29, 2013 — The Securities and Exchange Commission today charged that the City of Victorville, Calif., a city official, the Southern California Logistics Airport Authority, and Kinsell, Newcomb & DeDios (KND), the underwriter of the Airport Authority’s bonds, defrauded investors by inflating valuations of property securing an April 2008 municipal bond offering.
Victorville Assistant City Manager and former Director of Economic Development Keith C. Metzler, KND owner J. Jeffrey Kinsell, and KND Vice President Janees L. Williams were responsible for false and misleading statements made in the Airport Authority’s 2008 bond offering, the SEC alleged. It also charged that KND, working through a related party, misused more than $2.7 million of bond proceeds to keep itself afloat.
"Financing redevelopment projects by selling municipal bonds based on inflated valuations violates the public trust as well as the antifraud provisions of the federal securities laws," said George S. Canellos, Co-Director of the SEC’s Division of Enforcement. "Public officials have the same obligation as corporate officials to tell the truth to their investors."
Elaine C. Greenberg, Chief of the SEC’s Municipal Securities and Public Pensions Unit, said, "Investors are entitled to full disclosure of material financial arrangements entered into by related parties. Underwriters who secretly line their own pockets by taking unauthorized fees will be held accountable."
The SEC alleges the Airport Authority, which is controlled by the City of Victorville, undertook a variety of redevelopment projects, including the construction of four airplane hangars on a former Air Force base. It financed the projects by issuing tax increment bonds, which are solely secured by and repaid from property-tax increases attributable to increases in the assessed value of property in the redevelopment project area.
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, by April 2008, the Airport Authority was forced to refinance part of the debt incurred to construct the hangars, and other projects, by issuing additional bonds. The principal amount of the new bond issue was partly based on Metzler, Williams, and Kinsell using a $65 million valuation for the airplane hangars even though they knew the county assessor valued the hangars at less than half that amount. The inflated figure allowed the Airport Authority to issue substantially more bonds and raise more money than it otherwise would have. It also meant that investors were given false information about the value of the security available to repay them.
In addition, the SEC’s investigation found that Kinsell, KND, and another of his companies misappropriated more than $2.7 million in bond proceeds that were supposed to be used to build airplane hangars for the Airport Authority. According to the SEC’s complaint, the scheme began when Kinsell learned of allegations that the contractor building the hangars had likely diverted bond proceeds for his own personal use. When the contractor was removed, Kinsell stepped in to oversee the hangar project through another company he owned, KND Affiliates, LLC, even though Kinsell had no construction experience.
The SEC alleges that the Airport Authority loaned KND Affiliates more than $60 million in bond proceeds for the hangar project and agreed that as compensation for the project, KND Affiliates would receive a construction management fee of two percent of the remaining cost of construction. However, Kinsell and KND Affiliates took an additional $450,000 in unauthorized fees to oversee the construction and took $2.3 million in fees that the Airport Authority was unaware of and never agreed to, purportedly as compensation to "manage" the hangars. The SEC alleges that Kinsell and KND Affiliates hid these fees from the Airport Authority representatives and from the auditors who reviewed KND Affiliates’ books and records.
The SEC’s complaint alleges that the Airport Authority, Kinsell, KND, and KND Affiliates violated the antifraud provisions of U.S. securities laws and that KND violated 15B(c)(1) of the Exchange Act and Municipal Securities Rulemaking Board Rules G-17, G-27 and G-32(a)(iii)(A)(2). The complaint also alleges that Victorville, Metzler, KND, Kinsell, and Williams aided and abetted various violations. The SEC is seeking the return of ill-gotten gains with prejudgment interest, financial penalties, and permanent injunctions against all of the defendants, as well as the return of ill-gotten gains from relief defendant KND Holdings, the parent company of KND.
The SEC’s investigation was conducted by Robert H. Conrrad and Theresa M. Melson in the Municipal Securities and Public Pensions Unit, and Lorraine B. Echavarria, Todd S. Brilliant, and Dora M. Zaldivar of the Los Angeles Regional Office. Sam S. Puathasnanon will lead the SEC’s litigation.
ASSISTANT SECRETARY BLAKE GIVES INTERVIEW TO AL JAZEERA
FROM: U.S. STATE DEPARTMENT
Interview With Al Jazeera
Interview
Robert O. Blake, Jr.
Assistant Secretary, Bureau of South and Central Asian Affairs
Almaty, Kazakhstan
April 26, 2013
Al Jazeera: Ambassador Blake, thank you for talking to Al Jazeera.
When we last met, it was 12 months ago in Dushanbe, in Tajikistan. You were talking to me then about the New Silk Road and those kinds of initiatives that would help Afghanistan reintegrate into the region.
What positives have actually come about since those 12 months and what are you hoping to get out specifically from these talks?
Assistant Secretary Blake: Thank you first of all for the opportunity to join you today.
As you say, I think what was important last year in Dushanbe was the fact that there was a regional consensus in favor of integration. But now we really need to see actual concrete progress. So I think what you’ve seen today in this Heart of Asia Conference is agreement by all the countries of the region, not just the direct region, but Turkey, Russia, China, India, on six very practical confidence-building measures on things like infrastructure, on trade, on things like counter-narcotics, counter-terrorism, all of which will have action plans devoted to them so there can really be concrete action going forward.
Al Jazeera: But the main thing, of course, is security. You talk about this opportunity for long term security, through stabilization programs, through that reintegration process. But it’s a bit of a catch-22 situation. You can’t have investment come in until they’ve got security. Let’s give an example. The TAPI Pipeline. There are issues about demand and whether it’s really necessary, but at the same time the countries that have signed up to it -- Turkmenistan, Afghanistan, Pakistan and India -- in principle they signed up but the project has been going on for 20 years. Nothing yet has actually started happening on the ground.
Assistant Secretary Blake: I guess I’d flip your question and say that yes, it has been going on for 20 years, but it’s really notable that the progress that’s been achieved has been in the last year. That’s because, first of all, there’s a very important market now in India; and secondly, there’s a real will on the part of all these countries to make this happen. So you’re seeing very practical agreements on things like gas sales purchase agreements. Now there are efforts underway to actually identify who is going to lead this consortium and build the pipeline.
That’s one example.
Another one is something called the CASA 1000 Project. The Central Asia South Asia electricity transmission project. Again, there’s a lot of forward progress on that and multilateral development banks are lining up all the financing for that. It’s a $900 million project.
So I think there really is concrete progress being made.
Another example are the rail lines. Kazakhstan today announced that they are, with Turkmenistan, going to build a rail line south to Afghanistan. Likewise, there’s a rail line going from Turkmenistan through Afghanistan to Tajikistan.
There are many many concrete facts on the ground that are now being created that show there really is regional ownership of this.
Al Jazeera: Thank you very much, Ambassador Blake.
Just a final thought really, key to all of this is that security issue and respecting Afghanistan’s sovereignty. There are still problems, of course, or consideration that a lot of the countries have their own interests when it comes to Afghanistan. That’s something as well that the organizers here want to emphasize needs to be resolved so that there’s a unified approach to Afghanistan. There will be a declaration after these talks end and then expected more talks as the clock ticks down towards that 2014 drawdown date.
Interview With Al Jazeera
Interview
Robert O. Blake, Jr.
Assistant Secretary, Bureau of South and Central Asian Affairs
Almaty, Kazakhstan
April 26, 2013
Al Jazeera: Ambassador Blake, thank you for talking to Al Jazeera.
When we last met, it was 12 months ago in Dushanbe, in Tajikistan. You were talking to me then about the New Silk Road and those kinds of initiatives that would help Afghanistan reintegrate into the region.
What positives have actually come about since those 12 months and what are you hoping to get out specifically from these talks?
Assistant Secretary Blake: Thank you first of all for the opportunity to join you today.
As you say, I think what was important last year in Dushanbe was the fact that there was a regional consensus in favor of integration. But now we really need to see actual concrete progress. So I think what you’ve seen today in this Heart of Asia Conference is agreement by all the countries of the region, not just the direct region, but Turkey, Russia, China, India, on six very practical confidence-building measures on things like infrastructure, on trade, on things like counter-narcotics, counter-terrorism, all of which will have action plans devoted to them so there can really be concrete action going forward.
Al Jazeera: But the main thing, of course, is security. You talk about this opportunity for long term security, through stabilization programs, through that reintegration process. But it’s a bit of a catch-22 situation. You can’t have investment come in until they’ve got security. Let’s give an example. The TAPI Pipeline. There are issues about demand and whether it’s really necessary, but at the same time the countries that have signed up to it -- Turkmenistan, Afghanistan, Pakistan and India -- in principle they signed up but the project has been going on for 20 years. Nothing yet has actually started happening on the ground.
Assistant Secretary Blake: I guess I’d flip your question and say that yes, it has been going on for 20 years, but it’s really notable that the progress that’s been achieved has been in the last year. That’s because, first of all, there’s a very important market now in India; and secondly, there’s a real will on the part of all these countries to make this happen. So you’re seeing very practical agreements on things like gas sales purchase agreements. Now there are efforts underway to actually identify who is going to lead this consortium and build the pipeline.
That’s one example.
Another one is something called the CASA 1000 Project. The Central Asia South Asia electricity transmission project. Again, there’s a lot of forward progress on that and multilateral development banks are lining up all the financing for that. It’s a $900 million project.
So I think there really is concrete progress being made.
Another example are the rail lines. Kazakhstan today announced that they are, with Turkmenistan, going to build a rail line south to Afghanistan. Likewise, there’s a rail line going from Turkmenistan through Afghanistan to Tajikistan.
There are many many concrete facts on the ground that are now being created that show there really is regional ownership of this.
Al Jazeera: Thank you very much, Ambassador Blake.
Just a final thought really, key to all of this is that security issue and respecting Afghanistan’s sovereignty. There are still problems, of course, or consideration that a lot of the countries have their own interests when it comes to Afghanistan. That’s something as well that the organizers here want to emphasize needs to be resolved so that there’s a unified approach to Afghanistan. There will be a declaration after these talks end and then expected more talks as the clock ticks down towards that 2014 drawdown date.
FIRE AND FOREST AND WATER
 |
| New Mexico's 2011 Las Conchas Fire as it races down the flanks of the Jemez Mountains. Credit: Wikimedia Commons |
Trail of Fire Leads to Less Snow, Threatened Water Resources
If a tree falls in a forest and no one is around to hear it, does it make a sound?
The answer is yes, if it happened in New Mexico's Jemez River Basin on June 26, 2011, at 1 p.m. local time.
The tipping of one tree as it creaked and fell hinted at a crackle soon to come, a fast-burning wildfire. Ultimately, the fire blazed through a large part of a 1.5 million-acre national forest.
On the day the fire started, strong, unpredictable winds blew through the trees, rustling leaves and creaking dead wood. Perhaps in a gust, a lone tree fell. On the way down, it took out a power line and sparked a fire that--by high noon the next day--had burned 43,000 acres, an acre every two seconds.
At sundown that next day, the Las Conchas Fire, as it came to be called, still ran wild. The toll had climbed to more than 61,000 acres of forest. Egged on by north winds, it jumped the trails of Pajarito Mountain Ski Area. Then it turned and raged south, threatening the town of Cochiti, N.M.
Within four days, it had singed more than 103,000 acres, making it the largest fire in New Mexico history at the time.
The forest and the watershed--the critical zone--left behind
What happened to the forests, rivers and streams the Las Conchas Fire left behind?
To find out, scientists at the National Science Foundation (NSF) Jemez River Basin and Santa Catalina Mountains Critical Zone Observatory (CZO), one of six such NSF CZOs in watersheds across the country, lit out for the hills.
The Jemez River Basin and Santa Catalina Mountains CZO is formed by twin sites: one in the Jemez River Basin in the Valles Caldera National Preserve north of Albuquerque, N.M., in the greater Rio Grande Basin; the other in the Santa Catalina Mountains northeast of Tucson, Ariz., in the Colorado River Basin.
In addition to the Jemez River Basin and Santa Catalina Mountains site in New Mexico and Arizona, NSF CZOs are located in the Southern Sierra Nevada, Christina River Basin on the border of Delaware and Pennsylvania, Susquehanna Shale Hills in Pennsylvania, Boulder Creek in the Colorado Rockies, and Luquillo National Forest in Puerto Rico.
CZO scientists provide a new understanding of the critical zone--the thin veneer of Earth that extends from the top of the forest canopy to the base of weathered bedrock.
At the Jemez River and Santa Catalina Mountains CZO, researchers are asking questions such as: How does climate variation affect arid and semi-arid ecosystems? And, how do feedbacks between critical zone structure and the cycling of water and carbon alter short-term hydrology and long-term landscape evolution?
The water cycle, the breakdown of rocks and the eventual formation of soil, the evolution of rivers and valleys, the patterns of plant growth and landforms, all result from processes that take place in the critical zone.
"The critical zone is our living environment," says Enriqueta Barrera, program director in NSF's Division of Earth Sciences, which funds the CZO network. "The CZOs offer us new knowledge about this important zone and its response to climate and land-use change."
The CZOs are the first systems-based observatories dedicated to understanding how Earth's surface processes are coupled, she says. "They will help us predict how the critical zone affects the ecosystem services on which society depends."
Fire burns long after it's out
Water is at the top of that list of ecosystem services.
The freshwater supplies of the American West rely, for the most part, on snow.
As snow melts into water, it begins a journey that starts in the mountains and ends in faucets. When people turn on the shower or the sprinkler, they're watering themselves, lawns and food crops with melted snow.
The Colorado River, the Rio Grande and other rivers in the intermountain west are the main sources of water for some of the driest parts of the country, say Jemez River Basin and Santa Catalina Mountains CZO scientists Jon Chorover and Paul Brooks of the University of Arizona and Adrian Harpold of the University of Colorado.
"Their flows are predominantly fed by snowmelt from high-elevation forests and meadows," says Brooks.
Snow-covered forests are "a critical source of water in the western U.S.," agrees Chorover. "Forests' ability to 'hold snow' can be affected by fires, tree diseases, insect-caused die-offs and other factors."
The Las Conchas Fire provided a unique opportunity to "evaluate how forest fires interact with a changing climate," says Harpold, first author of a recent paper on the fire's effects on winter snow and spring snowmelt published in the journal Ecohydrology. Brooks and other scientists are co-authors.
"Forest fires have been increasing in size and severity for the last several decades," Harpold says. "Drier and warmer than average conditions in New Mexico in 2011 contributed to fires like Las Conchas.
"When the fire removed the forest canopy, more water vapor was lost from the snow surface to the dry atmosphere, reducing the amount of water stored in the snowpack and released the following spring."
In essence, the scientists found, areas not burned in the fire retained more snow--and snowmelt water.
Into the Valles Caldera
The Valles Caldera National Preserve, it's called, a parkland that surrounds the Valles Caldera, a 13.7 mile wide volcanic caldera in the Jemez Mountains of northern New Mexico. The preserve overlaps the Jemez River Basin CZO.
Valles Caldera National Preserve was the site of the scientists' study; their research was conducted on Rabbit Mountain near the park's southern boundary.
In November 2011, the researchers placed instruments in several catchments, or river basins, on Rabbit Mountain. The resulting information is being used to better understand the effects of fire on the water, carbon and energy cycles of the entire Jemez River Basin.
"The Jemez River Basin CZO is perfectly situated to learning how fire affects water resources," says Brooks.
In the winter and spring of 2012, Brooks and Harpold, along with other researchers and students, collected and analyzed thousands of data points on snow depth and density in burned and unburned forests on Rabbit Mountain.
"We obtained one of the most complete data sets to date on snow hydrology and fire," says Brooks.
Spruce-fir forests dominate Rabbit Mountain's heights; ponderosa pines and oak scrublands cover the lower mountain.
Whether in spruce-fir or pine-oak, the Las Conchas Fire left much of Rabbit Mountain with severe burns. Dead, limbless trees, ghosts of the forest, line the horizon.
In unburned forests, about one-third of the fresh snow that fell in the winter of 2012 was caught in trees before it reached the ground. There shade and wind protection allowed it to accumulate over the winter.
Where trees were lost to the fire, more fresh snowfall made it to the ground. In the end, however, that was a double-edged sword: lack of shelter from the forest canopy resulted in more of the snowpack disappearing over the winter.
"Such changes in snowpack depth have important ramifications," says Chorover, "for ecological health and for downstream water resources."
After the Las Conchas Fire, if a tree falls in the forest and no one is around to hear it, does it make a sound?
If you're listening for burbling spring brooks or streaming kitchen faucets, you may hear nothing but drip, drip, drip. Or silence.
Cheryl Dybas, NSF
ATTORNEY GENERAL HOLDER SPEAKS ON "INCREASING ACCESS TO JUSTICE"
FROM: U.S. DEPARTMENT OF JUSTICE
Attorney General Eric Holder Speaks at the White House Forum on Increasing Access to Justice
Washington, D.C. ~ Tuesday, April 16, 2013
Thank you, Dean [Martha] Minow, for those kind words; for your leadership as Vice Chair of the Legal Services Corporation’s Board of Directors; and for all that you and your colleagues do every day to promote equal access to justice for those who cannot afford it. It’s a privilege to stand with my good friends Jim Sandman and John Levi – and to take part in today’s important Forum. And it’s a pleasure to help welcome so many national leaders, passionate advocates, and dedicated jurists to the White House.
Even as we gather in a spirit of partnership this afternoon, I know we are all bound by shock and sorrow at yesterday’s tragic events in Boston. On behalf of my Justice Department colleagues, I’d like to express my deepest sympathies to the families of those who lost their lives in this brutal attack. They – and all of the innocent people who were injured yesterday – will be in my thoughts and prayers.
As we strive to make sense of this heinous and cowardly terrorist act, I also want to thank the brave law enforcement officials, firefighters, National Guardsmen, and other first responders who – upon hearing the explosions – put the safety of others above their own and raced toward the dangers from which others were fleeing. Their heroic actions undoubtedly saved lives.
Finally, I want to assure you that the full resources of the Justice Department and all of its components will be mobilized to investigate and respond to this incident. My colleagues and I are working around the clock to identify the individual or group responsible for this unspeakable act, to hold them accountable, and to ensure that they are punished to the fullest extent of the law and by any means available to us. We will not rest until justice has been done.
In the meantime – as these efforts continue to unfold – it’s an honor to join all of you in discussing the challenges we face in expanding civil legal assistance; building on the progress that’s underway in communities across the country; and seeking new ways to improve America’s legal system and move this nation closer to its founding principles: of equality, opportunity, and justice under the law.
Half a century ago, these principles drove Supreme Court Justice Hugo Black to write – in the Court’s unanimous opinion in Gideon v. Wainwright – that "any person haled into court, who is too poor to hire a lawyer, cannot be assured of a fair trial unless counsel is provided to him." In the years since this landmark case, Justice Black’s words have helped to shift the foundations of our criminal justice system. But they have also become a rallying cry – and a call to action – for advocates and legal aid providers in the civil arena.
This call was echoed just weeks after Gideon – when, in Birmingham, Alabama, a prominent civil rights leader was arrested for taking part in a non-violent protest to end segregation. As he sat in the Birmingham City Jail – exactly 50 years ago today – Dr. Martin Luther King, Jr. reflected on the same principles – and some of the same disparities – that guided Justice Black’s opinion. On scraps of newsprint, he drafted what some consider the most important document of the Civil Rights era.
In that "Letter from Birmingham Jail," Dr. King wrote that "all communities and states" are interrelated. He famously declared that "[i]njustice anywhere is a threat to justice everywhere." And he implored his fellow citizens to move with "a sense of great urgency" to help build the brighter future that everyone in this country deserves.
Five decades have passed since Dr. King laid down those immortal words. Yet, as we come together today, his work remains our common pursuit. And the struggle that animated his contemporaries – to fight against injustice, to secure the constitutional rights of all citizens, and to realize the promise articulated in Gideon – is as urgent as ever before.
As we speak, tens of millions of Americans cannot afford the assistance they need to avail themselves of their rights before our court system. Studies have shown that, for every eligible person seeking help from a legal aid program, another eligible person is turned away. And, for all the progress we’ve witnessed since Dr. King’s time – and the significant steps forward that organizations like the Legal Services Corporation have brought about – there’s no denying that a persistent "justice gap" remains.
Estimates suggest that more than 80 percent of civil legal needs faced by low-income individuals currently go unmet. More than 61 million Americans are eligible for civil legal aid – yet only a fraction of them can access it. And the human impact – and moral cost – of these systemic failures is compounded by every individual need that cannot be addressed – from matters involving the care and custody of minor children and dependent adults, to questions of personal finance, housing, employment, and even public safety.
Let me be clear: this is both unacceptable and unsustainable. It is unworthy of a legal system that stands as a model for all the world. And it is incumbent on everyone here to help address these problems – and improve our ability to see that justice is done.
As jurists, government leaders, educators, and members of the private bar – each of the people in this room has an essential role to play in advancing this work. And all of us have a responsibility to serve as sound stewards of our justice system – and servants of those it protects and empowers. For nearly four decades, the Legal Services Corporation has led the way in meeting this responsibility – and assisting those who cannot afford or access quality representation. As this country’s single largest funder of civil legal aid for low-income individuals, LSC has made an important difference for millions who are in need. Every day, in more than 800 offices nationwide, LSC-supported providers offer assistance in matters ranging from foreclosure proceedings, to child custody battles, domestic violence disputes, and immigration and refugee cases. You’re calling for – and deploying – cutting-edge technologies that can help deliver new services. You’re fighting to reinvigorate pro bono cooperation. And you’re showing us all how to think more creatively – and act more collaboratively – than ever before.
Even more importantly, you’re proving that civil legal aid doesn’t just open doors to our justice system. It also improves judicial efficiency. And it provides critical reinvestments in underserved communities by saving precious taxpayer dollars, protecting patients’ health, expanding access to public benefits, keeping families together, and offering indigent citizens a pathway out of poverty.
Of course, especially in this time of budgetary uncertainty – when sequestration has imposed untenable cuts across the federal government, and funding for legal aid programs is increasingly hard to come by – I recognize that building support for these initiatives has, in many ways, never been more difficult. But I also know it’s never been more important.
That’s why – as Attorney General – I’ve made expanding access to legal services a major focus for today’s Department of Justice. I’ve been honored to work with Valerie Jarrett, Vice President [Joe] Biden, and others to ensure that this constitutes a priority for leaders across the Administration. And I am proud to report that – together, thanks to government and judicial leaders, members of the private bar, and organizations like LSC – we’re responding to this crisis not with despair, but with action.
Nowhere is this clearer than in the work of the Justice Department’s Access to Justice Initiative – an office I launched three years ago to help spearhead national efforts to ensure that basic legal services are available, affordable, and accessible to everyone in this country – regardless of status or income. Since then, the Access to Justice team has been working closely with state, local, tribal, and federal officials – as well as a variety of nonprofit and private sector partners – to expand access to quality representation and extend our outreach efforts.
While I’m extremely proud of what we’ve accomplished through this groundbreaking initiative, I’m pleased to report that this work is not relegated to a single office. And many others have stepped forward to answer this important call.
In 2010, our first Senior Counselor for Access to Justice – the incomparable Professor Larry Tribe – urged State Supreme Court officials to establish Access to Justice Commissions in every state. The Conference of Chief Justices responded to this challenge, and – since then – new Commissions have begun to spring up across the country. In addition, just last year – in cooperation with the White House Domestic Policy Council – the Justice Department helped launch an Interagency Roundtable, bringing together 17 agencies to raise awareness about the profound impact civil legal aid services can have in promoting access to health and housing, education and employment, family stability and community well-being. I’d like to thank the Roundtable’s co-chair, Tonya Robinson, for her leadership – along with the many Roundtable representatives from participating agencies who are here today.
Beyond this work, the Department’s Office of Justice Programs is providing critical support for partnerships that educate, train, and equip lawyers to provide civil legal assistance. Many of our United States Attorneys’ Offices are collaborating with the private bar to address the needs of the most vulnerable members of society. And, through the federal government’s own Pro Bono Program, we’re encouraging our agency partners to adopt policies – and help navigate internal restrictions – to make it easier for government lawyers to give back to their communities.
As we heard from our first panel, the importance of pro bono service in helping to close the "justice gap" can hardly be overstated. Every legal professional must use his or her skills and training not simply to make a living – but to make a difference. And it is essential for each of the leaders in this room to keep standing up – and speaking out – about the cause that unites us, and the principles of inclusion and equal justice that Dr. King wrote about 50 years ago today.
Although there can be no question that serious challenges remain before us – as I look around this crowd of committed partners, I can’t help but feel confident in our ability to keep moving forward, to rally additional allies to this cause, and to overcome longstanding deficiencies and disparities. As we recommit ourselves to these efforts this afternoon, know that I am proud to count you as colleagues. I am grateful for your continued leadership. And I look forward to all that we must – and surely will – achieve together in the years to come.
Thank you.
Attorney General Eric Holder Speaks at the White House Forum on Increasing Access to Justice
Washington, D.C. ~ Tuesday, April 16, 2013
Thank you, Dean [Martha] Minow, for those kind words; for your leadership as Vice Chair of the Legal Services Corporation’s Board of Directors; and for all that you and your colleagues do every day to promote equal access to justice for those who cannot afford it. It’s a privilege to stand with my good friends Jim Sandman and John Levi – and to take part in today’s important Forum. And it’s a pleasure to help welcome so many national leaders, passionate advocates, and dedicated jurists to the White House.
Even as we gather in a spirit of partnership this afternoon, I know we are all bound by shock and sorrow at yesterday’s tragic events in Boston. On behalf of my Justice Department colleagues, I’d like to express my deepest sympathies to the families of those who lost their lives in this brutal attack. They – and all of the innocent people who were injured yesterday – will be in my thoughts and prayers.
As we strive to make sense of this heinous and cowardly terrorist act, I also want to thank the brave law enforcement officials, firefighters, National Guardsmen, and other first responders who – upon hearing the explosions – put the safety of others above their own and raced toward the dangers from which others were fleeing. Their heroic actions undoubtedly saved lives.
Finally, I want to assure you that the full resources of the Justice Department and all of its components will be mobilized to investigate and respond to this incident. My colleagues and I are working around the clock to identify the individual or group responsible for this unspeakable act, to hold them accountable, and to ensure that they are punished to the fullest extent of the law and by any means available to us. We will not rest until justice has been done.
In the meantime – as these efforts continue to unfold – it’s an honor to join all of you in discussing the challenges we face in expanding civil legal assistance; building on the progress that’s underway in communities across the country; and seeking new ways to improve America’s legal system and move this nation closer to its founding principles: of equality, opportunity, and justice under the law.
Half a century ago, these principles drove Supreme Court Justice Hugo Black to write – in the Court’s unanimous opinion in Gideon v. Wainwright – that "any person haled into court, who is too poor to hire a lawyer, cannot be assured of a fair trial unless counsel is provided to him." In the years since this landmark case, Justice Black’s words have helped to shift the foundations of our criminal justice system. But they have also become a rallying cry – and a call to action – for advocates and legal aid providers in the civil arena.
This call was echoed just weeks after Gideon – when, in Birmingham, Alabama, a prominent civil rights leader was arrested for taking part in a non-violent protest to end segregation. As he sat in the Birmingham City Jail – exactly 50 years ago today – Dr. Martin Luther King, Jr. reflected on the same principles – and some of the same disparities – that guided Justice Black’s opinion. On scraps of newsprint, he drafted what some consider the most important document of the Civil Rights era.
In that "Letter from Birmingham Jail," Dr. King wrote that "all communities and states" are interrelated. He famously declared that "[i]njustice anywhere is a threat to justice everywhere." And he implored his fellow citizens to move with "a sense of great urgency" to help build the brighter future that everyone in this country deserves.
Five decades have passed since Dr. King laid down those immortal words. Yet, as we come together today, his work remains our common pursuit. And the struggle that animated his contemporaries – to fight against injustice, to secure the constitutional rights of all citizens, and to realize the promise articulated in Gideon – is as urgent as ever before.
As we speak, tens of millions of Americans cannot afford the assistance they need to avail themselves of their rights before our court system. Studies have shown that, for every eligible person seeking help from a legal aid program, another eligible person is turned away. And, for all the progress we’ve witnessed since Dr. King’s time – and the significant steps forward that organizations like the Legal Services Corporation have brought about – there’s no denying that a persistent "justice gap" remains.
Estimates suggest that more than 80 percent of civil legal needs faced by low-income individuals currently go unmet. More than 61 million Americans are eligible for civil legal aid – yet only a fraction of them can access it. And the human impact – and moral cost – of these systemic failures is compounded by every individual need that cannot be addressed – from matters involving the care and custody of minor children and dependent adults, to questions of personal finance, housing, employment, and even public safety.
Let me be clear: this is both unacceptable and unsustainable. It is unworthy of a legal system that stands as a model for all the world. And it is incumbent on everyone here to help address these problems – and improve our ability to see that justice is done.
As jurists, government leaders, educators, and members of the private bar – each of the people in this room has an essential role to play in advancing this work. And all of us have a responsibility to serve as sound stewards of our justice system – and servants of those it protects and empowers. For nearly four decades, the Legal Services Corporation has led the way in meeting this responsibility – and assisting those who cannot afford or access quality representation. As this country’s single largest funder of civil legal aid for low-income individuals, LSC has made an important difference for millions who are in need. Every day, in more than 800 offices nationwide, LSC-supported providers offer assistance in matters ranging from foreclosure proceedings, to child custody battles, domestic violence disputes, and immigration and refugee cases. You’re calling for – and deploying – cutting-edge technologies that can help deliver new services. You’re fighting to reinvigorate pro bono cooperation. And you’re showing us all how to think more creatively – and act more collaboratively – than ever before.
Even more importantly, you’re proving that civil legal aid doesn’t just open doors to our justice system. It also improves judicial efficiency. And it provides critical reinvestments in underserved communities by saving precious taxpayer dollars, protecting patients’ health, expanding access to public benefits, keeping families together, and offering indigent citizens a pathway out of poverty.
Of course, especially in this time of budgetary uncertainty – when sequestration has imposed untenable cuts across the federal government, and funding for legal aid programs is increasingly hard to come by – I recognize that building support for these initiatives has, in many ways, never been more difficult. But I also know it’s never been more important.
That’s why – as Attorney General – I’ve made expanding access to legal services a major focus for today’s Department of Justice. I’ve been honored to work with Valerie Jarrett, Vice President [Joe] Biden, and others to ensure that this constitutes a priority for leaders across the Administration. And I am proud to report that – together, thanks to government and judicial leaders, members of the private bar, and organizations like LSC – we’re responding to this crisis not with despair, but with action.
Nowhere is this clearer than in the work of the Justice Department’s Access to Justice Initiative – an office I launched three years ago to help spearhead national efforts to ensure that basic legal services are available, affordable, and accessible to everyone in this country – regardless of status or income. Since then, the Access to Justice team has been working closely with state, local, tribal, and federal officials – as well as a variety of nonprofit and private sector partners – to expand access to quality representation and extend our outreach efforts.
While I’m extremely proud of what we’ve accomplished through this groundbreaking initiative, I’m pleased to report that this work is not relegated to a single office. And many others have stepped forward to answer this important call.
In 2010, our first Senior Counselor for Access to Justice – the incomparable Professor Larry Tribe – urged State Supreme Court officials to establish Access to Justice Commissions in every state. The Conference of Chief Justices responded to this challenge, and – since then – new Commissions have begun to spring up across the country. In addition, just last year – in cooperation with the White House Domestic Policy Council – the Justice Department helped launch an Interagency Roundtable, bringing together 17 agencies to raise awareness about the profound impact civil legal aid services can have in promoting access to health and housing, education and employment, family stability and community well-being. I’d like to thank the Roundtable’s co-chair, Tonya Robinson, for her leadership – along with the many Roundtable representatives from participating agencies who are here today.
Beyond this work, the Department’s Office of Justice Programs is providing critical support for partnerships that educate, train, and equip lawyers to provide civil legal assistance. Many of our United States Attorneys’ Offices are collaborating with the private bar to address the needs of the most vulnerable members of society. And, through the federal government’s own Pro Bono Program, we’re encouraging our agency partners to adopt policies – and help navigate internal restrictions – to make it easier for government lawyers to give back to their communities.
As we heard from our first panel, the importance of pro bono service in helping to close the "justice gap" can hardly be overstated. Every legal professional must use his or her skills and training not simply to make a living – but to make a difference. And it is essential for each of the leaders in this room to keep standing up – and speaking out – about the cause that unites us, and the principles of inclusion and equal justice that Dr. King wrote about 50 years ago today.
Although there can be no question that serious challenges remain before us – as I look around this crowd of committed partners, I can’t help but feel confident in our ability to keep moving forward, to rally additional allies to this cause, and to overcome longstanding deficiencies and disparities. As we recommit ourselves to these efforts this afternoon, know that I am proud to count you as colleagues. I am grateful for your continued leadership. And I look forward to all that we must – and surely will – achieve together in the years to come.
Thank you.
Subscribe to:
Posts (Atom)