FROM: SECURITIES AND EXCHANGE COMMISSION
SEC Concludes Its Case Against Former Siemens Executives Charged with Bribery in Argentina, Obtaining Judgments over $1.8 Million
The Securities and Exchange Commission announced today that on February 3, 2014, the U.S. District Court for the Southern District of New York entered a final judgment against Andres Truppel, a former CFO of Siemens Argentina. On February 4, 2014, the Court also entered
a final judgment against Ulrich Bock and Stephan Signer, both former Heads of Major Projects at Siemens Aktiengesellschaft (Siemens). The judgments resolve the Commission’s Civil Action against Truppel, Bock and Signer for their role in a decade long bribery scheme at Siemens and its regional company in Argentina.
On December 13, 2011, the Commission filed a Civil Action charging Bock, Signer, Truppel and four other senior executives of Siemens and its regional company in Argentina with violations of the anti-bribery, books and records, and internal controls provisions of the FCPA. The Commission alleged that between 2001 and 2007, the defendants paid bribes to senior government officials in Argentina to retain a $1 billion contract (“the DNI contract”) to produce national identity cards for Argentine citizens. The officials included two Argentine presidents and cabinet ministers in two presidential administrations.
The Commission’s complaint alleged that Bock and Signer, both senior Siemens managers based in Germany, took various actions to revive the DNI contract after it was cancelled by government officials in Argentina, and made sure that the bribery connected to the contract went undetected. Truppel, a former CFO of Siemens Argentina with close ties to government officials, assisted their efforts. The Commission’s complaint also alleged that Uriel Sharef, a member of Siemens Managing Board, or “Vorstand,” and the most senior officer charged in connection with the scheme, met with payment intermediaries in the U.S. and agreed to pay bribes to Argentine officials while enlisting subordinates to conceal payments and circumvent Siemens’ internal accounting controls.
The final judgment as to Bock and Signer enjoins them from violating Sections 30A and 13(b)(5) of the Exchange Act, and Rule 13b2-1 thereunder, and from aiding and abetting Siemens’ violations of Exchange Act Sections 31(b)(2)(A) and 13(b)(2)(B), and orders them to each pay a civil penalty of $524,000, the highest penalty assessed against individuals in an FCPA case. The judgment also orders Bock to pay disgorgement of $316,452, plus prejudgment interest thereon in the amount of $97,505. Bock and Signer failed to respond to the Commission’s complaint.
The final judgment as to Truppel enjoins him from violating Sections 30A and 13(b)(5) of the Exchange Act, and Rule 13b2-1 thereunder, and from aiding and abetting Siemens’ violations of Exchange Act Sections 13(b)(2)(A) and 13(b)(2)(B), and orders him to pay a civil penalty of $80,000. Truppel settled the Commission’s charges without admitting or denying the allegations in the complaint.
This concludes the SEC’s case. The Commission previously announced that on April 16, 2013, a final judgment was entered by the Court against Uriel Sharef, a former officer and board member of Siemens, for his role in the long standing bribery scheme. The final judgment, to which Sharef consented without admitting or denying the allegations in the Commission’s complaint, enjoined him from violating the anti-bribery and related books and records and internal controls provisions of the FCPA, and ordered him to pay a $275,000 civil penalty. Bernd Regendantz settled with the Commission when the complaint was filed, and allegations against Herbert Steffen and Carlos Sergi were dismissed. The SEC appreciates the assistance of the Department of Justice, Fraud Section, the Federal Bureau of Investigation, the Office of the Prosecutor General in Munich, Germany and authorities in Argentina.
Sunday, February 16, 2014
NLRB PROPOSES RULE CHANGES TO BETTER ADMINISTER NATIONAL LABOR RELATIONS ACT
FROM: NATIONAL LABOR RELATIONS BOARD
The National Labor Relations Board Proposes Amendments to Improve Representation Case Procedures
February 4, 2014
The National Labor Relations Board announced today that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register tomorrow. The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act. Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay. Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.
In announcing the proposals, Pearce said: “The Board is unanimous in its support for effective representation case procedures. I am pleased that all Members share a commitment to constructive dialogue, and we all agree that important issues are involved in this proposed rulemaking. With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act.”
“I believe that the NPRM first proposed in June of 2011 continues to best frame the issues and raises the appropriate concerns for public comment,” Pearce said. He stressed that the Board is reviewing the proposed changes with an open mind: “No final decisions have been made. We will review all of the comments filed in response to the original proposals, so the public will not have to duplicate its prior efforts in order to have those earlier comments considered. Re-issuing the 2011 proposals is the most efficient and effective rulemaking process at this time.”
“Unnecessary delay and inefficiencies hurt both employees and employers. These proposals are intended to improve the process for all parties, in all cases, whether non-union employees are seeking a union to represent them or unionized employees are seeking to decertify a union,” Pearce said. “We look forward to further exchanges of ideas to improve the processes in a way that will benefit workers, employers and all of the American people.”
The reforms the Board will propose would:
allow for electronic filing and transmission of election petitions and other documents;
ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
consolidate all election-related appeals to the Board into a single post-election appeals process.
The previous NPRM was published on June 22, 2011. After considering the input provided in response, the Board had announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration. That final rule was invalidated by a District Court ruling that it had been adopted without a validly constituted quorum. The Board’s appeal of that ruling was dismissed, pursuant to a joint stipulation, on December 9, 2013
The National Labor Relations Board Proposes Amendments to Improve Representation Case Procedures
February 4, 2014
The National Labor Relations Board announced today that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register tomorrow. The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act. Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay. Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.
In announcing the proposals, Pearce said: “The Board is unanimous in its support for effective representation case procedures. I am pleased that all Members share a commitment to constructive dialogue, and we all agree that important issues are involved in this proposed rulemaking. With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act.”
“I believe that the NPRM first proposed in June of 2011 continues to best frame the issues and raises the appropriate concerns for public comment,” Pearce said. He stressed that the Board is reviewing the proposed changes with an open mind: “No final decisions have been made. We will review all of the comments filed in response to the original proposals, so the public will not have to duplicate its prior efforts in order to have those earlier comments considered. Re-issuing the 2011 proposals is the most efficient and effective rulemaking process at this time.”
“Unnecessary delay and inefficiencies hurt both employees and employers. These proposals are intended to improve the process for all parties, in all cases, whether non-union employees are seeking a union to represent them or unionized employees are seeking to decertify a union,” Pearce said. “We look forward to further exchanges of ideas to improve the processes in a way that will benefit workers, employers and all of the American people.”
The reforms the Board will propose would:
allow for electronic filing and transmission of election petitions and other documents;
ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
consolidate all election-related appeals to the Board into a single post-election appeals process.
The previous NPRM was published on June 22, 2011. After considering the input provided in response, the Board had announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration. That final rule was invalidated by a District Court ruling that it had been adopted without a validly constituted quorum. The Board’s appeal of that ruling was dismissed, pursuant to a joint stipulation, on December 9, 2013
FLORIDA RESIDENT CONVICTED IN "FEES TO COLLECT" LOTTERY WINNINGS FRAUD
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, February 5, 2014
South Florida Resident Convicted in Connection with International Fraudulent Lottery Scheme
A federal jury in Miami today convicted a South Florida resident for her role in an international fraudulent lottery scheme that targeted U.S. citizens, the Justice Department announced. Charmaine Anne King, 51, of Lauderdale Lakes, Fla. was convicted of one count of conspiracy, three counts of mail fraud and two counts of wire fraud. The case is part of the government’s crackdown on international fraudulent lottery schemes.
A federal grand jury returned an indictment against King and a co-conspirator on Oct. 31, 2013, charging that King’s co-conspirators contacted individuals in the U.S. and falsely informed them that they had won more than a million dollars in a lottery. The evidence at trial showed that a co-conspirator sent letters to the victims from a purported sweepstakes company in the U.S. and included false and fraudulent cashier’s checks made out to the victims for thousands of dollars. These letters instructed victims to call “claims agents” who were actually co-conspirators, and when the victims called the purported claims agents, the agents informed the victims that they had to pay several thousand dollars in fees in order to collect their purported lottery winnings. The claims agents told the victims to deposit the cashier’s checks in the victims’ bank accounts in order to purportedly cover the money they had to pay. The co-conspirators instructed the victims on how to send and wire this money to King and others.
Evidence presented at trial showed that King kept a percentage of the money she received from victims and sent the rest of the money to a co-conspirator. King continued to participate in this scheme even after the U.S. Postal Inspection Service verbally informed her that she was participating in unlawful activity, and after she later signed a Cease and Desist Order requiring that she stop receiving money from victims of fraud. The Cease and Desist Order that King signed referenced a complaint detailing the activity that the U.S. Postal Inspection Service explained was unlawful.
As the evidence presented at trial showed, the cashier’s checks victims received from the fraudulent lottery had no value. The evidence demonstrated that after the victims sent money to King, the fraudulent cashier’s checks bounced. Victims never received any lottery winnings.
King faces a maximum sentence of 25 years in prison on each count of conviction, a fine and mandatory restitution. King’s sentencing has been scheduled for April 17, 2014.
Also, on Feb. 4, 2014, U.S. District Court Judge K. Michael Moore adopted a report and recommendation accepting the guilty plea of King’s co-defendant, Althea Peart. Peart had entered a change of plea to guilty on Jan. 9, 2014, to one count of conspiracy to commit mail and wire fraud. She is scheduled to be sentenced on March 20, 2014.
Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division, commended the investigative efforts of the U.S. Postal Inspection Service, Homeland Security Investigations and the U.S. Marshals Service. The case is being prosecuted by Assistant Director Jeffrey Steger and Trial Attorney Kathryn Drenning with the Department of Justice’s Civil Division, Consumer Protection Branch.
Wednesday, February 5, 2014
South Florida Resident Convicted in Connection with International Fraudulent Lottery Scheme
A federal jury in Miami today convicted a South Florida resident for her role in an international fraudulent lottery scheme that targeted U.S. citizens, the Justice Department announced. Charmaine Anne King, 51, of Lauderdale Lakes, Fla. was convicted of one count of conspiracy, three counts of mail fraud and two counts of wire fraud. The case is part of the government’s crackdown on international fraudulent lottery schemes.
A federal grand jury returned an indictment against King and a co-conspirator on Oct. 31, 2013, charging that King’s co-conspirators contacted individuals in the U.S. and falsely informed them that they had won more than a million dollars in a lottery. The evidence at trial showed that a co-conspirator sent letters to the victims from a purported sweepstakes company in the U.S. and included false and fraudulent cashier’s checks made out to the victims for thousands of dollars. These letters instructed victims to call “claims agents” who were actually co-conspirators, and when the victims called the purported claims agents, the agents informed the victims that they had to pay several thousand dollars in fees in order to collect their purported lottery winnings. The claims agents told the victims to deposit the cashier’s checks in the victims’ bank accounts in order to purportedly cover the money they had to pay. The co-conspirators instructed the victims on how to send and wire this money to King and others.
Evidence presented at trial showed that King kept a percentage of the money she received from victims and sent the rest of the money to a co-conspirator. King continued to participate in this scheme even after the U.S. Postal Inspection Service verbally informed her that she was participating in unlawful activity, and after she later signed a Cease and Desist Order requiring that she stop receiving money from victims of fraud. The Cease and Desist Order that King signed referenced a complaint detailing the activity that the U.S. Postal Inspection Service explained was unlawful.
As the evidence presented at trial showed, the cashier’s checks victims received from the fraudulent lottery had no value. The evidence demonstrated that after the victims sent money to King, the fraudulent cashier’s checks bounced. Victims never received any lottery winnings.
King faces a maximum sentence of 25 years in prison on each count of conviction, a fine and mandatory restitution. King’s sentencing has been scheduled for April 17, 2014.
Also, on Feb. 4, 2014, U.S. District Court Judge K. Michael Moore adopted a report and recommendation accepting the guilty plea of King’s co-defendant, Althea Peart. Peart had entered a change of plea to guilty on Jan. 9, 2014, to one count of conspiracy to commit mail and wire fraud. She is scheduled to be sentenced on March 20, 2014.
Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division, commended the investigative efforts of the U.S. Postal Inspection Service, Homeland Security Investigations and the U.S. Marshals Service. The case is being prosecuted by Assistant Director Jeffrey Steger and Trial Attorney Kathryn Drenning with the Department of Justice’s Civil Division, Consumer Protection Branch.
SECRETARY OF STATE KERRY AT ISTIQLAL MOSQUE IN JAKARTA, INDONESIA
Remarks At the Istiqlal Mosque
John Kerry
Secretary of State
Secretary of State
Istiqlal Mosque
Jakarta, Indonesia
February 16, 2014
SECRETARY KERRY: The Istiqlal mosque is a famous mosque – very, very beautiful. It’s an extraordinary place – the third-largest mosque in the world, the largest mosque in Asia, and a very remarkable place of worship, and I’m very privileged to be here. And I’m grateful to the Grand Imam for allowing me to come.
As-salam alaikum.
As-salam alaikum.
PARARESCUE TRAINING AT STANFORD TRAINING AREA, ENGLAND
FROM: U.S. DEPARTMENT OF DEFENSE
U.S. Air Force pararescue specialists take medical equipment and mock victims to a location for pick up on Stanford Training Area, England, Feb. 6, 2014. U.S. Air Force photo by Airman 1st Class Nigel Sandridge.
An HH-60G Pave Hawk helicopter drops a pararescue specialist during an exercise on Stanford Training Area, England, Feb. 6, 2014. U.S. Air Force photo by Airman 1st Class Nigel Sandridge.
YOUNG STAR CLUSTER NGC 346
This Chandra X-Ray Observatory image of the young star cluster NGC 346 highlights a heart-shaped cloud of 8 million-degree Celsius gas in the central region. Evidence from radio, optical and ultraviolet telescopes suggests that the hot cloud, which is about 100 light years across, is the remnant of a supernova explosion that occurred thousands of years ago. The progenitor could have been a companion of the massive young star that is responsible for the bright X-ray source at the top center of the image. This young star, HD 5980, one of the most massive known, has been observed to undergo dramatic eruptions during the last decade. An alternative model for the origin of the hot cloud is that eruptions of HD 5980 long ago produced the cloud of hot gas, in a manner similar to the gas cloud observed around the massive star Eta Carinae. Future observations will be needed to decide between the alternatives. Until then, the nature of the heart in the darkness will remain mysterious. > View original image > More about Chandra Image Credit-NASA-CXC-U.Liege-Y.Nazé et al.
SECRETARY OF STATE KERRY EXPRESSES CONCERN OVER VIOLENCE IN VENEZUELA
FROM: U.S. STATE DEPARTMENT
Recent Violence in Venezuela
Press Statement
John Kerry
Secretary of State
Washington, DC
February 15, 2014
The United States is deeply concerned by rising tensions and violence surrounding this week's protests in Venezuela. Our condolences go to the families of those killed as a result of this tragic violence.
We are particularly alarmed by reports that the Venezuelan government has arrested or detained scores of anti-government protestors and issued an arrest warrant for opposition leader Leopoldo Lopez. These actions have a chilling effect on citizens' rights to express their grievances peacefully.
We join the UN High Commissioner for Human Rights, Secretary General of the Organization of American States, EU High Representative for Foreign Affairs, and others in condemning this senseless violence. We call on the Venezuelan government to provide the political space necessary for meaningful dialogue with the Venezuelan people and to release detained protestors. We urge all parties to work to restore calm and refrain from violence.
Freedoms of expression and peaceful assembly are universal human rights. They are essential to a functioning democracy, and the Venezuelan government has an obligation to protect these fundamental freedoms and the safety of its citizens.
Recent Violence in Venezuela
Press Statement
John Kerry
Secretary of State
Washington, DC
February 15, 2014
The United States is deeply concerned by rising tensions and violence surrounding this week's protests in Venezuela. Our condolences go to the families of those killed as a result of this tragic violence.
We are particularly alarmed by reports that the Venezuelan government has arrested or detained scores of anti-government protestors and issued an arrest warrant for opposition leader Leopoldo Lopez. These actions have a chilling effect on citizens' rights to express their grievances peacefully.
We join the UN High Commissioner for Human Rights, Secretary General of the Organization of American States, EU High Representative for Foreign Affairs, and others in condemning this senseless violence. We call on the Venezuelan government to provide the political space necessary for meaningful dialogue with the Venezuelan people and to release detained protestors. We urge all parties to work to restore calm and refrain from violence.
Freedoms of expression and peaceful assembly are universal human rights. They are essential to a functioning democracy, and the Venezuelan government has an obligation to protect these fundamental freedoms and the safety of its citizens.
SECRETARY KERRY'S REMARKS ON POLLUTION IN BEIJING, CHINA
FROM: U.S. STATE DEPARTMENT
Remarks at Cummins-Foton Joint Venture Plant
Remarks
John Kerry
Secretary of State
Cummins-Foton Joint Venture Plant
Beijing, China
February 15, 2014
SECRETARY KERRY: Good morning, everybody. Thank you very much, Steve Chapman, Vice President of Cummins-Foton. And I’m very, very grateful to Foton and Cummins for inviting us here today, and thank you all for taking a few minutes to be with us.
I’m delighted to be joined up here by the American Ambassador to China, who is leaving in a few days, and we’re very grateful for his work – Gary Locke, thank you very much. (Applause.)
I’m also here with a very important individual who helps to make many of the decisions that help to advance the issue of climate change response, and he is the Vice Chairman of the National Development and Reform Commission. I’m delighted to see Vice Chairman Xie here. Thank you very much for being with us. (Applause.)
And I want you to know – excuse me – I want you to know that just now, as we were here, we’d been completing our meetings and Vice Chairman Xie made some very important phone calls and succeeded in completing our agreement with respect to some steps we are going to take to move the climate change process forward. And I’m very grateful to him and the leaders of China for their rapid and important response on this issue.
Jim, you may want to twist that up a little towards you. There you go.
And we’re also pleased be here and I thank him for his help in making this possible – the Foton Chairman Xiu. Thank you very much, sir. (Applause.) Thank you.
And finally, we have our special – the American special representative on climate change, who represents me in all of our – and the President in all of our negotiations, and that’s special representative Todd Stern, and I thank him for his important work here. (Applause.)
One of the most important challenges that we all face here in China, in America, in Europe and other countries, particularly where there’s a lot of industry and development, is how do we improve the quality of the air that we breathe and at the same time reduce the greenhouse gas emissions which contribute to climate change? To be successful, it is going to take the cooperation of China and the United States – not just our governments, but also our industries. I just toured this amazing facility, and let me tell you, what you have built here is really a blueprint for the businesses of the future. Not only is the facility modern and clean and state-of-the-art, but the workers are well paid and the benefits are good, and there is collaboration between what happens here and what happens in the United States.
I learned that this past year, the Foton-Cummins plant received a huge shipment of equipment from Michigan. And for that to happen, before any of that equipment gets here, there are people back in Indiana, in the United States, who are doing research and development. In fact, hundreds of people in the United States and right here in Beijing – all of you – have jobs because of what is going on here at this facility.
So we’re not just improving lives by building cleaner engines, which you see right here, and making it easier for people to breathe; we’re not just transforming the way we use and produce energy – we are also creating jobs and strengthening our economies by moving towards clean energy, clean technology, alternative and renewable fuels.
But here’s the truth that we all need to think about: In order to meet the global and the economic challenge of climate change, undeniably all of us are going to have to do more. China and the United States together are the world’s largest emitters of greenhouse gas. Together we account for almost 40 percent of all of the world’s greenhouse gas emissions. President Xi and President Obama have joined in agreeing that we both have a special role to play in reducing those emissions. And we all know that air quality is really a fundamental part of a decent quality of life for people.
We know where the problem starts. Approximately 22 percent of the air pollution here in Beijing, and more than 25 percent of climate pollution in the United States, comes from cars, trucks and buses that are on the road. Now, a lot more comes from power plants and the fuel that’s used, depending on what the fuel is, for those power plants. But we have to come at this issue step by step. And one of the big steps that we can take is to build cleaner engines, like you are building here at Foton-Cummins.
So we have to build cleaner engines that run on cleaner fuels. And how does that happen? It happens through innovation – innovation that the Foton-Cummins plant makes happen every single day. Innovation like making a cleaner engine. Innovation like making a car or a truck that can go farther, a longer distance on fuel with fewer pollutants coming out of it. Innovation like finding ways to take an old truck or an old car and change the way that it provides its power and can run on clean fuels.
Above all, innovation depends on governments sending the right signals. China has already committed itself to ambitious fuel-quality standards so that the engines run on cleaner fuel. During Vice President Biden’s most recent visit, we agreed to move even more aggressively in reducing emissions and cleaning up air pollution that comes from heavy-duty vehicles. And when these cleaner fuel standards are fully implemented, everyone in China will benefit.
People everywhere, in every country, whether it’s in Beijing or in the streets of Washington, D.C., people want healthy air for themselves and for their children. Last year, when I was here, we joined together with our – with China’s leaders in what we call the Strategic & Economic Dialogue. Within this dialogue, we have launched five initiatives as part of our Climate Change Working Group. I’m very pleased to report today that we have completed implementation plans for those five initiatives on heavy-duty vehicles, on smart grid for the delivery of energy, on carbon capture, utilization and storage, on energy efficiency, and finally on collection and management of data.
I’m very pleased to also announce today that the leaders of China have agreed to join us in a mutual effort – China and the United States will put an extra effort into exchanging information and discussing policies that will help both of us to be able to develop and lead on the standards that need to be announced next year for the global climate change agreement. This is a unique cooperative effort between China and the United States, and we have hopes that it will help to set an example for global leadership and global seriousness on the issue of next year’s climate change negotiation.
And finally, I’ll end by saying this, and you’ve all been very patient. Thank you. There is a great Chinese proverb that speaks to the question of adapting to change. We would be wise to take it to heart today. The proverb says that, when the wind changes directions, there are those who build walls and there are those who build windmills. Today, not only are we on the side of building windmills, we’re actually building something better. We’re building cleaner engines and making cleaner fuels. We’re building wind turbines and solar panels. We’re building new technologies to help us respond to the challenge of climate change.
Two world powers, the two largest economies in the world – China and the United States – are joining together in order to help power the world in a new way and help to make better quality of life for all citizens.
So we want to thank you, all of you, for being part of this larger challenge, this larger mission. We’re grateful to you for the work you do here, and we thank you for building engines that are moving us forward in more ways than one. Thank you very much. Thank you. (Applause.)
Remarks at Cummins-Foton Joint Venture Plant
Remarks
John Kerry
Secretary of State
Cummins-Foton Joint Venture Plant
Beijing, China
February 15, 2014
SECRETARY KERRY: Good morning, everybody. Thank you very much, Steve Chapman, Vice President of Cummins-Foton. And I’m very, very grateful to Foton and Cummins for inviting us here today, and thank you all for taking a few minutes to be with us.
I’m delighted to be joined up here by the American Ambassador to China, who is leaving in a few days, and we’re very grateful for his work – Gary Locke, thank you very much. (Applause.)
I’m also here with a very important individual who helps to make many of the decisions that help to advance the issue of climate change response, and he is the Vice Chairman of the National Development and Reform Commission. I’m delighted to see Vice Chairman Xie here. Thank you very much for being with us. (Applause.)
And I want you to know – excuse me – I want you to know that just now, as we were here, we’d been completing our meetings and Vice Chairman Xie made some very important phone calls and succeeded in completing our agreement with respect to some steps we are going to take to move the climate change process forward. And I’m very grateful to him and the leaders of China for their rapid and important response on this issue.
Jim, you may want to twist that up a little towards you. There you go.
And we’re also pleased be here and I thank him for his help in making this possible – the Foton Chairman Xiu. Thank you very much, sir. (Applause.) Thank you.
And finally, we have our special – the American special representative on climate change, who represents me in all of our – and the President in all of our negotiations, and that’s special representative Todd Stern, and I thank him for his important work here. (Applause.)
One of the most important challenges that we all face here in China, in America, in Europe and other countries, particularly where there’s a lot of industry and development, is how do we improve the quality of the air that we breathe and at the same time reduce the greenhouse gas emissions which contribute to climate change? To be successful, it is going to take the cooperation of China and the United States – not just our governments, but also our industries. I just toured this amazing facility, and let me tell you, what you have built here is really a blueprint for the businesses of the future. Not only is the facility modern and clean and state-of-the-art, but the workers are well paid and the benefits are good, and there is collaboration between what happens here and what happens in the United States.
I learned that this past year, the Foton-Cummins plant received a huge shipment of equipment from Michigan. And for that to happen, before any of that equipment gets here, there are people back in Indiana, in the United States, who are doing research and development. In fact, hundreds of people in the United States and right here in Beijing – all of you – have jobs because of what is going on here at this facility.
So we’re not just improving lives by building cleaner engines, which you see right here, and making it easier for people to breathe; we’re not just transforming the way we use and produce energy – we are also creating jobs and strengthening our economies by moving towards clean energy, clean technology, alternative and renewable fuels.
But here’s the truth that we all need to think about: In order to meet the global and the economic challenge of climate change, undeniably all of us are going to have to do more. China and the United States together are the world’s largest emitters of greenhouse gas. Together we account for almost 40 percent of all of the world’s greenhouse gas emissions. President Xi and President Obama have joined in agreeing that we both have a special role to play in reducing those emissions. And we all know that air quality is really a fundamental part of a decent quality of life for people.
We know where the problem starts. Approximately 22 percent of the air pollution here in Beijing, and more than 25 percent of climate pollution in the United States, comes from cars, trucks and buses that are on the road. Now, a lot more comes from power plants and the fuel that’s used, depending on what the fuel is, for those power plants. But we have to come at this issue step by step. And one of the big steps that we can take is to build cleaner engines, like you are building here at Foton-Cummins.
So we have to build cleaner engines that run on cleaner fuels. And how does that happen? It happens through innovation – innovation that the Foton-Cummins plant makes happen every single day. Innovation like making a cleaner engine. Innovation like making a car or a truck that can go farther, a longer distance on fuel with fewer pollutants coming out of it. Innovation like finding ways to take an old truck or an old car and change the way that it provides its power and can run on clean fuels.
Above all, innovation depends on governments sending the right signals. China has already committed itself to ambitious fuel-quality standards so that the engines run on cleaner fuel. During Vice President Biden’s most recent visit, we agreed to move even more aggressively in reducing emissions and cleaning up air pollution that comes from heavy-duty vehicles. And when these cleaner fuel standards are fully implemented, everyone in China will benefit.
People everywhere, in every country, whether it’s in Beijing or in the streets of Washington, D.C., people want healthy air for themselves and for their children. Last year, when I was here, we joined together with our – with China’s leaders in what we call the Strategic & Economic Dialogue. Within this dialogue, we have launched five initiatives as part of our Climate Change Working Group. I’m very pleased to report today that we have completed implementation plans for those five initiatives on heavy-duty vehicles, on smart grid for the delivery of energy, on carbon capture, utilization and storage, on energy efficiency, and finally on collection and management of data.
I’m very pleased to also announce today that the leaders of China have agreed to join us in a mutual effort – China and the United States will put an extra effort into exchanging information and discussing policies that will help both of us to be able to develop and lead on the standards that need to be announced next year for the global climate change agreement. This is a unique cooperative effort between China and the United States, and we have hopes that it will help to set an example for global leadership and global seriousness on the issue of next year’s climate change negotiation.
And finally, I’ll end by saying this, and you’ve all been very patient. Thank you. There is a great Chinese proverb that speaks to the question of adapting to change. We would be wise to take it to heart today. The proverb says that, when the wind changes directions, there are those who build walls and there are those who build windmills. Today, not only are we on the side of building windmills, we’re actually building something better. We’re building cleaner engines and making cleaner fuels. We’re building wind turbines and solar panels. We’re building new technologies to help us respond to the challenge of climate change.
Two world powers, the two largest economies in the world – China and the United States – are joining together in order to help power the world in a new way and help to make better quality of life for all citizens.
So we want to thank you, all of you, for being part of this larger challenge, this larger mission. We’re grateful to you for the work you do here, and we thank you for building engines that are moving us forward in more ways than one. Thank you very much. Thank you. (Applause.)
Saturday, February 15, 2014
MANUFACTURER CITED FOR VIOLATIONS AFTER FATALITY
FROM: U.S. LABOR DEPARTMENT
Florida manufacturer cited for willful violations following fatality
JACKSONVILLE, Fla. – In August 2013, a 32-year-old machine helper entered a large wire mesh manufacturing machine to retrieve a fallen metal bar, and he was struck and killed by a part that feeds the wire into the machine’s welding area. The light curtain that would have automatically turned the machine off before he entered the danger zone had been disabled. Proper operation of the machine’s guards, a basic Occupational Safety and Health Administration requirement, would have saved his life.
Today, following its investigation of the incident and inspection of the worksite, OSHA cited Wire Mesh Sales LLC for eight per-instance willful violations as well as a number of other repeat, serious and other-than-serious citations. Proposed penalties total $697,700. The company has been put into OSHA’s Severe Violator Enforcement Program, which focuses resources on inspecting employers who have demonstrated indifference to their legal obligations by committing willful, repeated or failure-to-abate violations.
“This was a preventable and senseless tragedy,” said U.S. Secretary of Labor Thomas E. Perez. “When employers are serious about safety, everyone benefits. Wire Mesh Sales LLC failed to properly implement OSHA safety regulations, and a worker paid the ultimate price.”
The per-instance willful citations include the employer’s failure to guard the wire mesh manufacturing machine as well as three other large machines that make wire mesh or straighten and test the wire. Additionally, the company failed to assure that four machines, including the one involved in the incident, were shut down and hazardous sources of energy were locked or tagged out prior to employees’ entering and servicing the equipment where no guards protected them from harm. The 56 employees, most of who were not native English speakers and who worked 12-hour shifts seven days per week, were exposed to serious injury or death because of these failures. OSHA proposes $560,000 in fines for the eight per-instance willful violations.
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
A total of 22 serious violations allege a variety of conditions, including: a factory floor cluttered with broken pallets creating a hazard that could lead to workers tripping and falling into moving machine parts; an electrical outlet left on the ground wrapped in tape that posed a shock hazard; and a bathroom with a sink that had been clogged for months with maggots swimming in standing water. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Fines for the serious violations total $126,700.
Wire Mesh was also cited for a repeat violation for failing to administer an effective hearing conservation program. The company violated this standard at its Oglesby, Ill., facility in 2012. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. There are $11,000 in proposed fines for the repeat violation.
Finally, the company was cited for four other-than-serious safety and health violations for failing to: mark exits, assure crane operation safety and develop an effective respirator program for employees required to wear respirators. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.
View all of the citations in this case. Wire Mesh has more than 200 employees nationwide, and recorded $60 million in revenue in 2012.
The employer has 15 business days from receipt of the citation and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the Occupational Safety & Health Review Commission.
Florida manufacturer cited for willful violations following fatality
JACKSONVILLE, Fla. – In August 2013, a 32-year-old machine helper entered a large wire mesh manufacturing machine to retrieve a fallen metal bar, and he was struck and killed by a part that feeds the wire into the machine’s welding area. The light curtain that would have automatically turned the machine off before he entered the danger zone had been disabled. Proper operation of the machine’s guards, a basic Occupational Safety and Health Administration requirement, would have saved his life.
Today, following its investigation of the incident and inspection of the worksite, OSHA cited Wire Mesh Sales LLC for eight per-instance willful violations as well as a number of other repeat, serious and other-than-serious citations. Proposed penalties total $697,700. The company has been put into OSHA’s Severe Violator Enforcement Program, which focuses resources on inspecting employers who have demonstrated indifference to their legal obligations by committing willful, repeated or failure-to-abate violations.
“This was a preventable and senseless tragedy,” said U.S. Secretary of Labor Thomas E. Perez. “When employers are serious about safety, everyone benefits. Wire Mesh Sales LLC failed to properly implement OSHA safety regulations, and a worker paid the ultimate price.”
The per-instance willful citations include the employer’s failure to guard the wire mesh manufacturing machine as well as three other large machines that make wire mesh or straighten and test the wire. Additionally, the company failed to assure that four machines, including the one involved in the incident, were shut down and hazardous sources of energy were locked or tagged out prior to employees’ entering and servicing the equipment where no guards protected them from harm. The 56 employees, most of who were not native English speakers and who worked 12-hour shifts seven days per week, were exposed to serious injury or death because of these failures. OSHA proposes $560,000 in fines for the eight per-instance willful violations.
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
A total of 22 serious violations allege a variety of conditions, including: a factory floor cluttered with broken pallets creating a hazard that could lead to workers tripping and falling into moving machine parts; an electrical outlet left on the ground wrapped in tape that posed a shock hazard; and a bathroom with a sink that had been clogged for months with maggots swimming in standing water. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Fines for the serious violations total $126,700.
Wire Mesh was also cited for a repeat violation for failing to administer an effective hearing conservation program. The company violated this standard at its Oglesby, Ill., facility in 2012. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. There are $11,000 in proposed fines for the repeat violation.
Finally, the company was cited for four other-than-serious safety and health violations for failing to: mark exits, assure crane operation safety and develop an effective respirator program for employees required to wear respirators. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.
View all of the citations in this case. Wire Mesh has more than 200 employees nationwide, and recorded $60 million in revenue in 2012.
The employer has 15 business days from receipt of the citation and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the Occupational Safety & Health Review Commission.
G-20 TASK FORCE SETS AGENDA ON EMPLOYMENT
FROM: U.S. LABOR DEPARTMENT
Agenda for G20 Task Force on Employment Set in Sydney
As the U.S. representative to the G20's Task Force on Employment, Mark Mittelhauser, associate deputy undersecretary of labor for international affairs, visited Sydney, Australia, to chart out the G20 labor and employment agenda for 2014. Two of the major proposals set forth by Mittelhauser were adopted by the group in Sydney: a suggestion that member countries author strategic plans that detail their national employment strategies and a suggestion that the G20 create a special task force to address global workplace safety and health issues. The employment strategies are an effort to focus far greater attention on the difficulties workers have faced since the 2008 financial crisis. The U.S. safety and health proposal, endorsed by the task force, will help raise awareness about safety and health while also providing countries with a mechanism for exchanging best practices and learning how to address major issues. The G20, a group of the world's 20 key economic powers, was created to coordinate international economic and financial policies. The labor and employment ministers of the G20 are scheduled to meet in Melbourne, Australia, in September 2014.
Agenda for G20 Task Force on Employment Set in Sydney
As the U.S. representative to the G20's Task Force on Employment, Mark Mittelhauser, associate deputy undersecretary of labor for international affairs, visited Sydney, Australia, to chart out the G20 labor and employment agenda for 2014. Two of the major proposals set forth by Mittelhauser were adopted by the group in Sydney: a suggestion that member countries author strategic plans that detail their national employment strategies and a suggestion that the G20 create a special task force to address global workplace safety and health issues. The employment strategies are an effort to focus far greater attention on the difficulties workers have faced since the 2008 financial crisis. The U.S. safety and health proposal, endorsed by the task force, will help raise awareness about safety and health while also providing countries with a mechanism for exchanging best practices and learning how to address major issues. The G20, a group of the world's 20 key economic powers, was created to coordinate international economic and financial policies. The labor and employment ministers of the G20 are scheduled to meet in Melbourne, Australia, in September 2014.
PRESS STATEMENT: NEW GOVERNMENT FORMATION IN LEBANON
FROM: U.S. STATE DEPARTMENT
Formation of New Government in Lebanon
John Kerry
Secretary of State
Secretary of State
Washington, DC
February 15, 2014
The United States welcomes Lebanon’s formation of a new government, subject to the confidence of parliament. We have long said that the people of Lebanon deserve a government that responds to their needs and protects their interests.
We look to today’s announcement to be an important first step in addressing the political uncertainty that has hampered Lebanon in recent years. Amidst growing terrorism and sectarian violence, we look to the new cabinet, if approved by parliament, to address Lebanon’s urgent security, political and economic needs. The challenges ahead for Lebanon include addressing the needs of Lebanese communities hosting refugees from Syria; strengthening national institutions; countering extremist ideologies and redoubling counterterrorism efforts; encouraging economic growth, including offshore energy development; and holding presidential and parliamentary elections in a timely, transparent, democratic, and fair manner, in accordance with Lebanon’s constitution.
The United States reiterates its strong commitment to Lebanon’s sovereignty, security, and stability. We will continue to support the Lebanese Armed Forces and the Internal Security Forces – the sole legitimate security forces in Lebanon. We look to the Government of Lebanon to continue to support these institutions and to do all it can to ensure that all parties comply with Lebanon’s obligations and commitments, including UN Security Council Resolutions 1559 and 1701. All those in Lebanon must uphold the Taif Agreement and the Baabda Declaration, including Lebanon’s policy of disassociation from the Syrian and other foreign conflicts. This policy is the best way to ensure Lebanon’s stability and security.
The United States looks forward to working effectively with the new Lebanese government to bolster peace, stability and prosperity in Lebanon, for the sake of the Lebanese people.
We look to today’s announcement to be an important first step in addressing the political uncertainty that has hampered Lebanon in recent years. Amidst growing terrorism and sectarian violence, we look to the new cabinet, if approved by parliament, to address Lebanon’s urgent security, political and economic needs. The challenges ahead for Lebanon include addressing the needs of Lebanese communities hosting refugees from Syria; strengthening national institutions; countering extremist ideologies and redoubling counterterrorism efforts; encouraging economic growth, including offshore energy development; and holding presidential and parliamentary elections in a timely, transparent, democratic, and fair manner, in accordance with Lebanon’s constitution.
The United States reiterates its strong commitment to Lebanon’s sovereignty, security, and stability. We will continue to support the Lebanese Armed Forces and the Internal Security Forces – the sole legitimate security forces in Lebanon. We look to the Government of Lebanon to continue to support these institutions and to do all it can to ensure that all parties comply with Lebanon’s obligations and commitments, including UN Security Council Resolutions 1559 and 1701. All those in Lebanon must uphold the Taif Agreement and the Baabda Declaration, including Lebanon’s policy of disassociation from the Syrian and other foreign conflicts. This policy is the best way to ensure Lebanon’s stability and security.
The United States looks forward to working effectively with the new Lebanese government to bolster peace, stability and prosperity in Lebanon, for the sake of the Lebanese people.
PRESS BRIEFING BEFORE PRESIDENTS TRIP TO CALIFORNIA
FROM: THE WHITE HOUSE
Press Briefing by Secretary Vilsack and Dr. Holdren on the President's Trip to CA
Via Conference Call
February 14, 2014
6:31 P.M. EST
MR. LEHRICH: Hey, everybody, thanks for joining us today. I hope those of you who are on the East Coast are staying warm and dry. As a reminder, this call is embargoed until 6:00 a.m. tomorrow morning, which means it’s not in tomorrow’s newspapers but can be online at 6:00 a.m. Eastern tomorrow morning. The call will be on the record with that embargo.
As you know, the President will be in the Fresno, California area tomorrow, where he’ll be talking about the severe droughts that are affecting much of California. To talk about some of the new announcements the President will have tomorrow and related issues we’ve got Secretary of Agriculture Tom Vilsack and Dr. John Holdren, who is the Director of the White House Office of Science and Technology Policy, and is going to talk to you about some of the science behind the weather we’re seeing here.
So, with that, I will turn it over to Secretary Vilsack.
SECRETARY VILSACK: Matt, thank you very much. And thanks to everybody on the call. And certainly thanks to John Holdren for doing this as well. Let me just preview for you the President’s focus on this California drought situation, which is really impacting California with its worst drought in over a hundred years, and it’s also impacting obviously other states as well.
Tomorrow the President will meet with producers and those who have been impacted and affected by the drought. He’ll have an opportunity to observe the impacts on the ground, and he’ll I think offer a message of hope and a message that the federal government will do all that it can to try to alleviate some of the stress connected with this drought.
The President, last week in Michigan, signed the 2014 Agricultural Act, which is the farm bill, and in the farm bill it restored disaster assistance for livestock producers which had been dormant since October of 2011. The President will direct the Department of Agriculture to accelerate in an historic effort to get the disaster programs now authorized under the farm bill to a point where farmers and producers in California and across the country will be able to apply for disaster assistance.
Normally, this process takes anywhere from six to eight months. The President is going to direct us to get it done within 60 days so that within 60 days, by April 15th or there abouts, farmers and producers will be able to make applications for livestock assistance and should receive checks shortly thereafter.
This will not only impact folks in California but it will also have the opportunity to provide help and assistance to producers in the Dakotas who suffered from historic snowstorms last fall, and for those who suffered through the 2012 droughts across the country and other isolated situations.
We anticipate and expect that with this announcement that once applications are filed and money distributed, it will mean somewhere in the neighborhood of $100 million of assistance to
California producers and probably likely nearly a billion dollars of assistance to producers across the country.
California producers and probably likely nearly a billion dollars of assistance to producers across the country.
The President is also going to announce additional conservation assistance at a time when water is scarce and when livestock producers are challenged, and with those who are faced with drought conditions on their land and the possibility of losing very precious soil. The President will be announcing an additional $15 million in targeted conservation assistance for those communities and areas that have been most affected by drought. Five million dollars of that will be directed to California. This is in addition to the $20 million that was announced last week. An additional $10 million will then be given and made available to producers in Texas, Oklahoma, Nebraska, Colorado and New Mexico. These resources will be above and beyond what normally these states have received and these producers would receive for assistance.
The President will also announce an additional $5 million in targeted emergency watershed protection -- I should back up and indicate that the $15 million that’s being announced in targeted conservation assistance is really designed to provide opportunities for producers to conserve more effectively their water resources, to utilize the money to impact and reduce soil erosion as a result of the drought, and potentially use the proceeds to improve livestock access to water.
Five million dollars in targeted emergency watershed protection assistance will also be announced to California, and this is designed to specifically stabilize stream banks, to replant upland strips that have been stripped of their stations as a result of the drought. This is also a soil conservation and water quality initiative.
In addition, we recognize -- the President definitely recognizes that droughts not only impact producers but also impacts the families of those who work in these orchards and with these growers and producers. A lot of folks will not be employed, or if they’re employed, they won’t work the number of hours that they would normally work. So we’re going to make sure that we provide assistance and help to those who might need the help of food banks to be able to provide food for their families. Sixty million dollars will be made available to food banks in the state of California to help families who have been economically impacted by the drought.
And as summer approaches, we realize that it may be a challenge for children to have access to meals, and so we will be working with the state of California and the Department of Agriculture to establish 600 additional summer meal sites to make sure that youngsters in this state who have been impacted in drought-stricken areas will have some assistance and some help during the summer months.
The President is also going to follow the lead of Governor Brown in California when he declared state agencies to focus on drought emergency relief last month. Governor Brown basically encouraged those in California to utilize water more effectively and efficiently. The President will direct tomorrow federal facilities which are located in California to immediately curb water use, including a moratorium on water usage for new and nonessential landscaping projects, to redouble our efforts to look at longer-term water use reduction operations and technologies at federal facilities.
And the President will direct the Department of Interior to continue to take executive action to work with water contractors and communities to speed up changes in -- obviously to maintain important environmental safeguards, but to make sure that key water projects that could be encouraged and moved along are done so. NOAA, EPA, the Bureau of Reclamation, Fish and Wildlife Services will be working daily with their state counterparts to try to make sure that everything that can be done to move water projects forward is being done in an effective and efficient way.
And we’ll obviously continue to invest in climate resilience. The President has been very focused on it, directing these agencies to be looking at this. The USDA announced that there is a climate change hub, one of which -- sub-hub will be located in Davis, California. That sub-hub will be doing research and assessing the vulnerabilities specifically of California to the change in climate. The President’s 2015 budget will include additional resources for a climate resilience fund.
So these steps are being taken in addition to the steps that have been taken and announced last week -- the $20 million for conservation and the $14 million for forestry assistance that was announced by the Department of Interior and USDA -- all in an effort to try to send a very specific message to producers in California that we are here to help to the extent that we can.
With that, I think I’d like to turn it over to John Holdren so he can explain to you the context of all of this.
John.
DR. HOLDREN: Well, thank you, Secretary Vilsack. First of all, we know that scientifically, no single episode of extreme weather, no storm, no flood, no drought can be said to have been caused by global climate change. But the global climate has now been so extensively impacted by the human-caused buildup of greenhouse gases that weather practically everywhere is being influenced by climate change.
We’ve always had droughts in the American West, of course, but now the severe ones are getting more frequent, they’re getting longer and they’re getting drier. And we understand a substantial part at least of the reason that that is happening in a warming world. First of all, in a warming world, a larger proportion of total rainfall occurs in extreme downpours, and that means more of the rainfall is lost to storm runoff, and less soaks into the ground.
Secondly, in a warming world, more of the precipitation that falls in the mountains occurs as rain rather than as snow. The rain runs off quickly in contrast to snowpack that melts gradually and thus maintains river flows through the spring and the summer. And third, higher temperatures, of course, mean greater loss of water to evaporation both from soils and from reservoirs.
There are other, more subtle respects in which global climate change may be affecting the prevalence of drought -- scientists are still arguing about those -- but the three I just described are more than enough to understand why we are seeing droughts in drought-prone regions becoming more frequent, more severe, and longer.
The situation in California as I think you all know is particularly severe. As Secretary Vilsack noted, it is the most severe drought in the more than hundred years of incremental records, but it’s also probably based on paleoclimate records one of the strongest droughts in the last 500 years. And by the way, the drought in the Colorado River Basin is probably one of the strongest droughts in that area in the last thousand years.
MR. LEHRICH: Thank you, Dr. Holdren and Secretary Vilsack. And we’re ready for some questions now.
Q Mr. Secretary, what does the administration think of the Feinstein-Boxer legislation that was introduced last Tuesday? Briefly, that would push the feds to be more flexible on how they control pumping and the water contracts for Central Valley water as well as the state water projects.
SECRETARY VILSACK: Well, the reality I think this is an opportunity for us today to focus on executive action. Obviously we’ll be -- the administration will be taking a look at what the senators are proposing -- I know they’re proposing additional help and assistance. And we’ll obviously work with the Senate and the House if they can reach a consensus on this. Obviously there’s a difference of opinion, based on what Senator Feinstein and what Senator Boxer have proposed, and what the House recently passed.
But rather than wait for congressional action, what we’re going to try to do is try to put the resources that are available that we have control over to work as quickly as possible. And that’s -- I don’t want to underemphasize the significance of the President’s directive on this livestock assistance because, historically, this has taken months and months and months to do, and the President has been very clear to me and to USDA that he wants it done so that people can begin applying within 60 days. That is going to send a very strong message about his need and his desire to get things moving and to help to the extent possible.
MR. LEHRICH: And I can just add to that, Roger, from our perspective that we are encouraged by the progress in the Senate on efforts to ease the pain caused by the drought and that we look forward to continuing to work with the bill sponsors and other members of Congress, like the Secretary said, as the process moves forward.
Q Mr. Secretary, could you elaborate on what you mean by operational flexibilities? When you want to speed changes to key water projects, what key water projects are you talking about?
SECRETARY VILSACK: These are projects that the Interior, EPA, Bureau of Reclamation and the Fish and Wildlife Services are working on. These are not projects that are specific to USDA. But the President has been very clear that he doesn’t want any delay. He wants folks to move as quickly as possible. And the announcement today in terms of the disaster assistance is a reflection of that.
I’m sure we can get you a list of the projects that are currently being worked on in California, but the bottom line here is that there’s no time for delay, there’s no time for inefficiency. The President wants things to move and he’s directing all of his agencies to do what they can to try to alleviate or to try to mitigate the impacts and effects of this drought.
Q Thanks.
Q I just want to make sure - we’re only talking about the -- we’re not talking about the livestock indemnity program, it’s just the forest disaster program, because you said it’s going to be a billion dollars country-wide and that it would help the folks who went through blizzards, but that would be more like the livestock indemnity program, wouldn’t it -- for animals who just died from freezing to death? I just want to make sure there’s nothing in here for fruit and vegetable growers.
SECRETARY VILSACK: First of all, let me be clear about this: There are four livestock disaster programs, there are four disaster programs that were reauthorized in the farm bill, and the President is instructing us on all four, to get them lined up so that applications can be received within 60 days and money can flow shortly thereafter. So this is both the forage and the livestock indemnity program, the tree assistance program -- and one that’s escaping me right now. So it’s all four; all four of them have to be institutionalized.
And as it relates to some of the specialty crops that are grown in California, it’s conceivable the tree assistance program might be of assistance to tree producers, to nut producers here in this state.
Secondly, the conservation programs that we’re announcing are designed to provide help and assistance to growers of a multitude of crops, including fruits and vegetables. To the extent that that land is now fallow and there is concern about soil erosion, to the extent that there are ways in which water resources, irrigation systems can be assisted or helped, these resources could potentially be made available as well for those growers.
So this is not limited to livestock. This is basically designed to try to provide help and assistance to producers of all stripes here in California, given the diversity of agriculture that’s been impacted.
Q Super. Thanks.
Q Hi. Thanks, Mr. Secretary. I was wondering if there was any work being done to ease water transfers between the state water program and the Central Valley Improvement program.
SECRETARY VILSACK: That's a question I’m not qualified to answer, but perhaps somebody from the White House can get some information to you on that. I don't know the answer to that question.
MR. LEHRICH: Sure. Shoot us an email and we will make sure we get you in touch with the right people, I would imagine at the Department of the Interior.
Q Thanks for the call, Mr. Secretary. The state expected $1.1 billion to be available --
SECRETARY VILSACK: I’m sorry. I couldn’t hear that question very well. There’s a problem with the phone. I’m not sure why.
Q Yes, is that better?
SECRETARY VILSACK: You can try it.
Q Yes, Mr. Secretary, so the $1.1 billion, is that the total in damages that you -- that has been calculated for this? Or that's just the amount of money that may be used? In other words, is it $1.1 billion in damages right now, just to be clear?
SECRETARY VILSACK: Yes, to be clear about this, we estimate that the livestock disaster assistance programs will provide for California producers up to $100 million. That's our estimate based on what we know and what we think we know about the damages that already have been suffered.
The billion-dollar number would include the $100 million and would include all of the other potential applications that could be forthcoming from folks who lost livestock or were impacted by the 2012 drought across the country, or who lost serious losses as a result of the snowstorms in the Dakotas last fall. So it’s a billion dollars total. Of that amount, $100 million is the estimate for what we think is likely to occur in California. Is that clear?
Q Okay. One follow-up? Would you support more reservoirs to hold the water for droughts like this in California?
SECRETARY VILSACK: Well, I think actually I‘m probably not the person to ask that question. What I am interested in making sure that we do is to provide producers with as much information as we possibly can about how to most effectively use the water resources, whatever they are, wherever they come from, however they're stored in an environmentally appropriate way and the like, and distribute it appropriately.
Our goal here is to make sure that we provide producers help and assistance because they have suffered immediately and to use the climate hub efforts to assess the long-term vulnerabilities, to provide and identify technologies for producers that they can use to adapt to a changing climate or to mitigate the impacts.
We have already invested several hundred million dollars in research in California. A lot of it has been focused on trying to figure out how to use water more effectively, how to reduce the salinity of the water that is available, how to ensure that new technologies -- new seed technologies are being developed, to utilize scarce water resources more effectively. That's the role and responsibility of the USDA, and that's what we’re -- that's what I’m focused on -- getting relief to folks.
DR. HOLDREN: Can I just add -- this is John Holdren. Let me just add one point there. The problem in California is not that we don't have enough reservoirs. The problem is that there’s not enough water in them. Just to give you some numbers: As of the end of last weekend, Fulsom Lake was at 22 percent of capacity; Lake Oroville at 37 percent; Pine Flat at 18 percent; San Luis Reservoir at 30 percent. You get the idea. We just haven’t had enough water flowing into those reservoirs. It wouldn’t help to build any more.
Q Thank you.
Q Yes, can you tell me if the administration took a position on the bill that passed the House last week that was supposed to address these water problems in California?
MR. LEHRICH: Yes, Gary. We did take a position. We’ve issued a statement of administration policy opposed to that bill. and we’ll be happy to send you the full text of that statement of administration policy.
Q Thank you.
Q Hi. Thank you for speaking with us. I have a question about the $100 million in livestock disaster assistance. Can dairy farmers use that money to shore up the crops they need to feed to their livestock? Or is it simply for livestock head guys?
SECRETARY VILSACK: There are two different programs. One addresses livestock that died as a result of whatever -- storms, drought. There’s also a forage program that basically provides help and assistance to producers who have been unable to obtain the forage that they traditionally could rely on to feed their livestock. This gives them cash assistance that allows them potentially to get forage and feed from other sources. It might be more expensive. There may be transportation expenses. So it’s both.
Q Okay, so we could see California dairy farmers using that money to buy forage from out of state?
SECRETARY VILSACK: Or a different feed that they wouldn’t normally or traditionally use, because they have their own access to their own fields, which right now are not producing enough. It’s always up to the producer. It’s up to the producer’s situation.
But the point of this is it provides help and assistance to producers who have been negatively impacted by this drought either in terms of the availability or substantial cost with alternatives or substitutes.
Q The President rarely discusses climate change when he talks about extreme weather. Is that going to change tomorrow? And if so, for all those parched Americans out there, how do you really connect things like cutting greenhouse gases or backing renewable energy with terrible drought?
But the point of this is it provides help and assistance to producers who have been negatively impacted by this drought either in terms of the availability or substantial cost with alternatives or substitutes.
Q The President rarely discusses climate change when he talks about extreme weather. Is that going to change tomorrow? And if so, for all those parched Americans out there, how do you really connect things like cutting greenhouse gases or backing renewable energy with terrible drought?
DR. HOLDREN: I mean, number one, you can certainly expect that the President will talk about the connection between the increasing frequency and intensity of droughts and climate change when he speaks tomorrow. He has actually repeatedly talked about the connection between climate change and extreme weather. He did so in his speech at June 25th at Georgetown University when he rolled out the Climate Action Plan.
And he will talk tomorrow about the phenomena that I mentioned earlier in this call, which is that we really understand a number of the reasons that global climate change is increasing the intensity and the frequency and the length of droughts in drought-prone regions. This is one of the better understood dimensions of the relationship between global climate change and extreme weather in particular regions.
Q I also have a question about moving along key water projects. I’m wondering if by that you or the administration is endorsing in any way the Bay Delta Conservation Project to build twin tunnels under the Delta to transfer water more effectively from north to south.
SECRETARY VILSACK: I don’t know the answer to that question. I can tell you that we have at the USDA been involved in the California Bay Delta area with additional investments over the last several years. But I’m not familiar with that specific project.
DR. HOLDREN: Nor am I.
SECRETARY VILSACK: I don’t know the answer to that question. I can tell you that we have at the USDA been involved in the California Bay Delta area with additional investments over the last several years. But I’m not familiar with that specific project.
DR. HOLDREN: Nor am I.
Q Can I have a follow-up question? I’m wondering for the drought assistance for growers and farmers, what form will that assistance take? Do you have an idea about that?
SECRETARY VILSACK: When you say “form” -- well, let me just see if I can respond to your question. The livestock disaster assistance we referred to earlier is in the form of cash. It’s in the form of money. The conversation assistance is also in the form of resources that will be utilized by producers. It helps to pay for conservation practices that they may install on their property or efficiencies that they may create in terms of water resources that they’re currently using.
Most of these programs are sort of matching funds providing help and assistance to the producer -- not fully paying for all of the steps, but helping to pay for a portion of them. The emergency water assistance grants are grants made to communities themselves. So that’s resources, money that’s provided to a community, it’s not provided through producers. It’s provided to a community that is faced with water shortages. And they may be taking steps to secure additional water resources. And this money is provided to assist them in helping to pay for whatever steps they’re taking.
The food bank resources is money from The Emergency Food Assistance Program, TEFAP, that gives food banks the capacity to go out and purchase whatever they believe is most appropriate, most necessary, to help families based on what demand at the food bank is. And the summer meal program, basically once the sites are set up, USDA provides a cost to -- the 600 summer meal sites, that is -- USDA provides reimbursement to the affiliates or the community that is sponsoring the meal sites. We basically pay for the meals and we provide a reimbursement level based on the number of meals that are supplied. So it’s a wide range of types of assistance that are provided.
MR. LEHRICH: Thank you, Secretary Vilsack and Dr. Holdren. And thank you all for taking the time to join us. One more reminder that this call was on the record, but is embargoed for 6:00 a.m. tomorrow morning Eastern time, which means it’s not in Friday’s papers, it’s in Saturday’s papers, but can be online at 6:00 a.m. Eastern time.
As always, if you didn’t get a fact sheet or have follow-ups, feel free to get in touch with us. Otherwise, I’m sure that Secretary Vilsack and the President look forward to seeing a bunch of you tomorrow in California.
MR. LEHRICH: Thank you, Secretary Vilsack and Dr. Holdren. And thank you all for taking the time to join us. One more reminder that this call was on the record, but is embargoed for 6:00 a.m. tomorrow morning Eastern time, which means it’s not in Friday’s papers, it’s in Saturday’s papers, but can be online at 6:00 a.m. Eastern time.
As always, if you didn’t get a fact sheet or have follow-ups, feel free to get in touch with us. Otherwise, I’m sure that Secretary Vilsack and the President look forward to seeing a bunch of you tomorrow in California.
Thanks again. Have a good night.
END
TWO MEN SENTENCED FOR HATE CRIME ATTACK ON 17-YEAR-OLD AFRICAN-AMERICAN
FROM: U.S. JUSTICE DEPARTMENT
Monday, February 10, 2014
Two Men Sentenced for Federal Hate Crime Charges Resulting from 2012 New Year's Eve Attack
The Civil Rights Division and U.S. Attorney’s Office for the Central District of California announced that two Latino men associated with the Compton 155 street gang were sentenced today by U.S. District Judge Terry J. Hatter Jr. for their racially-motivated attack on African-American juveniles at a residence in Compton, Calif., on Dec. 31, 2012. Jeffrey Aguilar, also known as Terco, 19, and Efren Marquez Jr., also known as Stretch and Junior, 21, were each sentenced to serve 21 months in prison along with three years of supervised release.
On Oct. 17, 2013, both defendants pleaded guilty to violating the Matthew Shepard-James Byrd Jr. Hate Crime Prevention Act after admitting their involvement in the assault.
Aguilar and another individual physically attacked a 17-year-old African-American, who was walking down a street in the city of Compton. Aguilar chased down and struck the victim in the head with a metal pipe. During the incident, Marquez threatened to shoot another African-American juvenile who was present. Both Aguilar and Marquez admitted that the attack on the 17-year-old victim was motivated by the race and color of the victim.
“Despite the substantial progress made, violent acts of hate committed because of someone’s race continue to occur to this day, and the department will continue to use every available tool to identify and prosecute hate crimes whenever and wherever they occur," said Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division.
“Hate based crimes have no place in America,” said U.S. Attorney André Birotte Jr. for the Central District of California. “The defendants’ attempt to rid their neighborhood of African-Americans serves as a sickening reminder that racial intolerance still exists in some segments of our community. For this egregious conduct, the defendants have received well-deserved prison terms.”
“The FBI is committed to the protection of civil rights and will continue to investigate allegations of crime motivated by hate,” said Assistant Director in Charge Bill L. Lewis for the FBI’s Los Angeles Field Office. “I’m hopeful that this sentencing will clarify the serious consequences for anyone contemplating senseless violence against the innocent due to their religion, race, disability, ethnic origin or sexual orientation.”
“Law enforcement is dedicated to protecting the civil rights of all members of our community and the outcome of this case is a great example of the close cooperation between all agencies involved to ensure that goal,” said Interim Sheriff John L. Scott of the Los Angeles County Sheriff’s Department.
This case is the result of an investigation conducted by the FBI and the Los Angeles County Sheriff’s Department. It is being prosecuted by Assistant U.S. Attorney Reema El-Amamy of the Violent and Organized Crime Section of the U.S. Attorney’s Office and Trial Attorney Saeed Mody of the Civil Rights Division.
Monday, February 10, 2014
Two Men Sentenced for Federal Hate Crime Charges Resulting from 2012 New Year's Eve Attack
The Civil Rights Division and U.S. Attorney’s Office for the Central District of California announced that two Latino men associated with the Compton 155 street gang were sentenced today by U.S. District Judge Terry J. Hatter Jr. for their racially-motivated attack on African-American juveniles at a residence in Compton, Calif., on Dec. 31, 2012. Jeffrey Aguilar, also known as Terco, 19, and Efren Marquez Jr., also known as Stretch and Junior, 21, were each sentenced to serve 21 months in prison along with three years of supervised release.
On Oct. 17, 2013, both defendants pleaded guilty to violating the Matthew Shepard-James Byrd Jr. Hate Crime Prevention Act after admitting their involvement in the assault.
Aguilar and another individual physically attacked a 17-year-old African-American, who was walking down a street in the city of Compton. Aguilar chased down and struck the victim in the head with a metal pipe. During the incident, Marquez threatened to shoot another African-American juvenile who was present. Both Aguilar and Marquez admitted that the attack on the 17-year-old victim was motivated by the race and color of the victim.
“Despite the substantial progress made, violent acts of hate committed because of someone’s race continue to occur to this day, and the department will continue to use every available tool to identify and prosecute hate crimes whenever and wherever they occur," said Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division.
“Hate based crimes have no place in America,” said U.S. Attorney André Birotte Jr. for the Central District of California. “The defendants’ attempt to rid their neighborhood of African-Americans serves as a sickening reminder that racial intolerance still exists in some segments of our community. For this egregious conduct, the defendants have received well-deserved prison terms.”
“The FBI is committed to the protection of civil rights and will continue to investigate allegations of crime motivated by hate,” said Assistant Director in Charge Bill L. Lewis for the FBI’s Los Angeles Field Office. “I’m hopeful that this sentencing will clarify the serious consequences for anyone contemplating senseless violence against the innocent due to their religion, race, disability, ethnic origin or sexual orientation.”
“Law enforcement is dedicated to protecting the civil rights of all members of our community and the outcome of this case is a great example of the close cooperation between all agencies involved to ensure that goal,” said Interim Sheriff John L. Scott of the Los Angeles County Sheriff’s Department.
This case is the result of an investigation conducted by the FBI and the Los Angeles County Sheriff’s Department. It is being prosecuted by Assistant U.S. Attorney Reema El-Amamy of the Violent and Organized Crime Section of the U.S. Attorney’s Office and Trial Attorney Saeed Mody of the Civil Rights Division.
IRS REPORTS INCREASED TAX FILINGS SO FAR IN 2014
FROM: INTERNAL REVENUE SERVICE
Filing Season 2014 Begins with More Returns Filed
WASHINGTON — The IRS today announced that tax filings in 2014 have outpaced filings for the same time last year. As of Feb. 7, the IRS received 27.3 million returns, up 2.5 percent compared to the same time last year. Electronically filed returns account for almost 96 percent of those filed so far this year.
Taxpayers, either through tax preparers or from their home computers, have e-filed more than 26 million returns so far this year, up almost 4 percent compared to the same time last year. As of Feb. 7, taxpayers have filed more than 13 million returns from home computers, an increase of 14.7 percent compared to the same period last year.
Refunds are up for 2014, with almost 19.5 million issued this year, an increase of more than 18 percent compared to the same time last year. The average refund as of Feb. 7 is $3,317, up 4.6 percent compared to the same time last year. (Refund averages generally have higher dollar values early in the filing season than later in the year.)
Most refunds are directly deposited into taxpayer accounts; just over 87 percent of all refunds issued were directly deposited as of Feb. 7. 2014.
Filing Season 2014 Begins with More Returns Filed
WASHINGTON — The IRS today announced that tax filings in 2014 have outpaced filings for the same time last year. As of Feb. 7, the IRS received 27.3 million returns, up 2.5 percent compared to the same time last year. Electronically filed returns account for almost 96 percent of those filed so far this year.
Taxpayers, either through tax preparers or from their home computers, have e-filed more than 26 million returns so far this year, up almost 4 percent compared to the same time last year. As of Feb. 7, taxpayers have filed more than 13 million returns from home computers, an increase of 14.7 percent compared to the same period last year.
Refunds are up for 2014, with almost 19.5 million issued this year, an increase of more than 18 percent compared to the same time last year. The average refund as of Feb. 7 is $3,317, up 4.6 percent compared to the same time last year. (Refund averages generally have higher dollar values early in the filing season than later in the year.)
Most refunds are directly deposited into taxpayer accounts; just over 87 percent of all refunds issued were directly deposited as of Feb. 7. 2014.
JUSTICE SAYS EVIDENCE OF GENDER BIAS IN MISSOULA COUNTY ATTORNEY'S OFFICE
FROM: U.S. JUSTICE DEPARTMENT
Friday, February 14, 2014
Justice Department Finds Substantial Evidence of Gender Bias in Missoula County Attorney’s Office
Response to Sexual Assault Cases with Women Victims at Issue
Today, the Department of Justice issued a letter of findings describing problems in the Missoula County, Mont., Attorney’s Office’s response to sexual assault, and concluding that there is substantial evidence that the County Attorney’s response to sexual assault discriminates against women. The department opened civil pattern or practice investigations of the Missoula County Attorney’s Office, along with the Missoula Police Department and the University of Montana’s Office of Public Safety, in May 2012. The department investigations, brought under the Violent Crime Control and Law Enforcement Act of 1994, and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, focused on allegations that the three law enforcement agencies were systematically failing to protect women victims of sexual assault in Missoula. The department, along with the Office for Civil Rights at the Department of Education, also opened an investigation of the University of Montana’s handling of allegations of sexual assault and harassment of students under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The investigation of the Missoula Police Department and both investigations of the University of Montana were resolved in May 2013, via cooperative agreements with the Justice Department.
“Prosecutors play a critical role in ensuring that women victims of sexual assault have effective and equal access to criminal justice,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “We uncovered evidence of a disturbing pattern of deficiencies in the handling of these cases by the County Attorney’s Office, a pattern that not only denies victims meaningful access to justice, but places the safety of all women in Missoula at risk. We hope that this letter will enable us to move forward with constructive discussions with the County Attorney to resolve these serious concerns.”
The department’s investigation uncovered evidence indicating that the Missoula County Attorney’s Office engages in gender discrimination in violation of the Equal Protection Clause of the 14th Amendment to the Constitution as well as relevant federal laws. In particular, the investigation found evidence that the decisions of the County Attorney’s Office regarding the investigation and prosecution of sexual assaults and rape, particularly non-stranger assaults and rapes, are influenced by gender bias and gender stereotyping and adversely affect women in Missoula. The investigation found that the following, taken together, strongly suggest gender discrimination:
· Despite their prevalence in the community, sexual assaults of adult women are given low priority in the County Attorney’s Office;
· The County Attorney does not provide Deputy County Attorneys with the basic knowledge and training about sexual assault necessary to effectively and impartially investigate and prosecute these cases;
· The County Attorney’s Office generally does not develop evidence in support of sexual assault prosecutions, either on its own or in cooperation with other law enforcement agencies
· Adult women victims, particularly victims of non-stranger sexual assault and rape, are often treated with disrespect, not informed of the status of their case and revictimized by the process; and
· The County Attorney’s Office routinely fails to engage in the most basic communication about its cases of sexual assault with law enforcement and advocacy partners.
“Over the past eight months, the City of Missoula, the University of Montana and the Missoula Police Department already have made important strides toward improving their response to sexual assault and strengthening the community’s confidence in its local police,” said U.S. Attorney Michael Cotter for the District of Montana. “It is our sincere hope that the Missoula County Attorney will follow that example and work cooperatively with the Justice Department to address the deficiencies identified in our investigation, and to improve the safety of women in this community.
The investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the U.S. Attorney’s Office for the District of Montana. The prevention of sex-based discrimination is a top priority of the Civil Rights Division and U.S. Attorney’s Offices. The Civil Rights Division has worked to ensure that women are not subject to discriminatory practices by law enforcement in New Orleans, Puerto Rico and elsewhere.
Friday, February 14, 2014
Justice Department Finds Substantial Evidence of Gender Bias in Missoula County Attorney’s Office
Response to Sexual Assault Cases with Women Victims at Issue
Today, the Department of Justice issued a letter of findings describing problems in the Missoula County, Mont., Attorney’s Office’s response to sexual assault, and concluding that there is substantial evidence that the County Attorney’s response to sexual assault discriminates against women. The department opened civil pattern or practice investigations of the Missoula County Attorney’s Office, along with the Missoula Police Department and the University of Montana’s Office of Public Safety, in May 2012. The department investigations, brought under the Violent Crime Control and Law Enforcement Act of 1994, and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, focused on allegations that the three law enforcement agencies were systematically failing to protect women victims of sexual assault in Missoula. The department, along with the Office for Civil Rights at the Department of Education, also opened an investigation of the University of Montana’s handling of allegations of sexual assault and harassment of students under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The investigation of the Missoula Police Department and both investigations of the University of Montana were resolved in May 2013, via cooperative agreements with the Justice Department.
“Prosecutors play a critical role in ensuring that women victims of sexual assault have effective and equal access to criminal justice,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “We uncovered evidence of a disturbing pattern of deficiencies in the handling of these cases by the County Attorney’s Office, a pattern that not only denies victims meaningful access to justice, but places the safety of all women in Missoula at risk. We hope that this letter will enable us to move forward with constructive discussions with the County Attorney to resolve these serious concerns.”
The department’s investigation uncovered evidence indicating that the Missoula County Attorney’s Office engages in gender discrimination in violation of the Equal Protection Clause of the 14th Amendment to the Constitution as well as relevant federal laws. In particular, the investigation found evidence that the decisions of the County Attorney’s Office regarding the investigation and prosecution of sexual assaults and rape, particularly non-stranger assaults and rapes, are influenced by gender bias and gender stereotyping and adversely affect women in Missoula. The investigation found that the following, taken together, strongly suggest gender discrimination:
· Despite their prevalence in the community, sexual assaults of adult women are given low priority in the County Attorney’s Office;
· The County Attorney does not provide Deputy County Attorneys with the basic knowledge and training about sexual assault necessary to effectively and impartially investigate and prosecute these cases;
· The County Attorney’s Office generally does not develop evidence in support of sexual assault prosecutions, either on its own or in cooperation with other law enforcement agencies
· Adult women victims, particularly victims of non-stranger sexual assault and rape, are often treated with disrespect, not informed of the status of their case and revictimized by the process; and
· The County Attorney’s Office routinely fails to engage in the most basic communication about its cases of sexual assault with law enforcement and advocacy partners.
“Over the past eight months, the City of Missoula, the University of Montana and the Missoula Police Department already have made important strides toward improving their response to sexual assault and strengthening the community’s confidence in its local police,” said U.S. Attorney Michael Cotter for the District of Montana. “It is our sincere hope that the Missoula County Attorney will follow that example and work cooperatively with the Justice Department to address the deficiencies identified in our investigation, and to improve the safety of women in this community.
The investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the U.S. Attorney’s Office for the District of Montana. The prevention of sex-based discrimination is a top priority of the Civil Rights Division and U.S. Attorney’s Offices. The Civil Rights Division has worked to ensure that women are not subject to discriminatory practices by law enforcement in New Orleans, Puerto Rico and elsewhere.
NATIONAL GUARD HELPS DURING RECENT SNOW EMERGENCIES
FROM: U.S. DEFENSE DEPARTMENT
Soldiers prepare vehicles and equipment on Camp Fretterd Military Reservation near Reisterstown, Md., to help first responders during a declared state of emergency, Feb. 13, 2014. The soldiers are assigned to the Maryland National Guard. Maryland National Guard photo by Army Sgt. Edwin Gray.
Soldiers push a stranded vehicle while providing emergency service and support to civil authorities and to residents during a winter storm, Fredericksburg, Va., Feb. 13, 2014. The soldiers are assigned to the Virginia National Guard's 116th Brigade Special Troops Battalion, 116th Brigade Combat Team. Virginia National Guard photo by Air Force Tech. Sgt. Meghan Skrepenski.
NARWHAL TUSK TRAFFICKER CONVICTED FOR ROLE IN ILLEGAL IMPORTATION CASE
FROM: JUSTICE DEPARTMENT
Friday, February 14, 2014
Narwhal Tusk Trafficker Convicted of Conspiracy and Money Laundering
Andrew L. Zarauskas, 60, of Union, N.J., was found guilty today by a federal jury in Bangor, Maine, of illegally trafficking and smuggling narwhal tusks, and associated money laundering crimes, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division .
The defendant was convicted of conspiracy, money laundering conspiracy, smuggling, and money laundering violations for buying narwhal tusks knowing the tusks had been illegally imported into the United States from Canada, as well as selling or attempting to sell the tusks after their illegal importation.
“The Justice Department takes seriously our responsibility to prosecute those who engage in the illegal trade of any protected wildlife species,” said Acting Assistant Attorney General Dreher. “Zarauskas and his co-conspirators flouted U.S. law and international agreements that protect marine mammals such as the narwhal for their own personal financial benefit. The Justice Department will continue to investigate and prosecute those engaged in this insidious trade in order to protect species for future generations to enjoy.”
"The success of this investigation was a direct result of the uncompromising cooperation between special agents of the U.S. Fish and Wildlife Service, NOAA and Environment Canada. It is this type of international teamwork which exemplifies the ongoing fight against illegal wildlife trafficking." said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.
“This investigation is an example of excellent coordinated efforts between NOAA, Office of Law Enforcement (OLE) and the U.S. Fish and Wildlife Service, Office of Law Enforcement” said Logan Gregory, Special Agent In Charge for NOAA. The protection of Marine Mammals and enforcement of the Marine Mammal Protection Act is a high priority for OLE and we will continue to work with our enforcement partners and the Department of Justice to ensure compliance.”
From 2002 to 2008, Zarauskas knowingly purchased approximately 33 narwhal tusks that he knew were illegally imported into the United States in violation of federal law. A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw, often referred to as the unicorn of the sea. As marine mammals narwhals are protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service. Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.
According to evidence presented at the trial, Zarauskas conspired with others, including persons located in Canada, to illegally import the protected tusks for re-sale in the United States and to launder the funds used to purchase the narwhal tusks by transporting, transmitting, or transferring checks and money orders from New Jersey to Canada, intending that the money be used for further illegal imports of narwhal tusks.
On Jan. 7, 2014, Jay G. Conrad, of Lakeland, Tenn., who had been charged in the same indictment, pleaded guilty to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks. On that same date, a plea agreement was also unsealed in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.
Throughout the conspiracy, Zarauskus and his co-conspirators made payments to the Canadian supplier for the narwhal tusks, by sending the payments to a mailing address in Bangor, Maine, or directly to the supplier in Canada. The payments allowed the Canadian supplier to purchase and re-supply Zarauskus and Conrad with more narwhal tusks that they could then re-sell. Conrad sold between $400,000 and $1 million worth of narwhal tusks and Dunn sold approximately $1.1 million worth of narwhal tusks as members of the conspiracy.
Earlier this week, President Obama announced the National Strategy for Combating Wildlife Trafficking, recognizing that record high demand for wildlife products, coupled with inadequate preventative measures and weak institutions has resulted in an explosion of illicit trade in recent years. Like other forms of illicit trade, wildlife trafficking undermines security across nations. While t he Department of Justice has long worked to protect threatened and endangered wildlife species through its enforcement of the Lacey Act and the Marine Mammal Protection Act, among other laws, the National Strategy identifies priority areas for increased interagency coordination, with the objectives of harnessing and strategically applying the full breadth of U.S. Government resources to end the pernicious trade in protected species both at home and abroad.
Zarauskus and Conrad are to be sentenced by U.S. District Court Judge John A. Woodcock in the District of Maine. A sentencing date has not been set. They each face a maximum of twenty years incarceration for their involvement in this narwhal tusk trafficking scheme, and a fine of up to $250,000. Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014, and may be imprisoned up to five years and fined $250,000. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.
The case was investigated by agents from National Oceanic and Atmospheric Administration Office of Law Enforcement, the United States Fish and Wildlife Service Office of Law Enforcement and in coordination with Environmental Canada Wildlife Enforcement Division and the Department of Justice’s Office of International Affairs. The case is being prosecuted by Trial Attorneys Todd S. Mikolop and James Nelson of the Justice Department’s Environmental Crimes Section.
Friday, February 14, 2014
Narwhal Tusk Trafficker Convicted of Conspiracy and Money Laundering
Andrew L. Zarauskas, 60, of Union, N.J., was found guilty today by a federal jury in Bangor, Maine, of illegally trafficking and smuggling narwhal tusks, and associated money laundering crimes, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division .
The defendant was convicted of conspiracy, money laundering conspiracy, smuggling, and money laundering violations for buying narwhal tusks knowing the tusks had been illegally imported into the United States from Canada, as well as selling or attempting to sell the tusks after their illegal importation.
“The Justice Department takes seriously our responsibility to prosecute those who engage in the illegal trade of any protected wildlife species,” said Acting Assistant Attorney General Dreher. “Zarauskas and his co-conspirators flouted U.S. law and international agreements that protect marine mammals such as the narwhal for their own personal financial benefit. The Justice Department will continue to investigate and prosecute those engaged in this insidious trade in order to protect species for future generations to enjoy.”
"The success of this investigation was a direct result of the uncompromising cooperation between special agents of the U.S. Fish and Wildlife Service, NOAA and Environment Canada. It is this type of international teamwork which exemplifies the ongoing fight against illegal wildlife trafficking." said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.
“This investigation is an example of excellent coordinated efforts between NOAA, Office of Law Enforcement (OLE) and the U.S. Fish and Wildlife Service, Office of Law Enforcement” said Logan Gregory, Special Agent In Charge for NOAA. The protection of Marine Mammals and enforcement of the Marine Mammal Protection Act is a high priority for OLE and we will continue to work with our enforcement partners and the Department of Justice to ensure compliance.”
From 2002 to 2008, Zarauskas knowingly purchased approximately 33 narwhal tusks that he knew were illegally imported into the United States in violation of federal law. A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw, often referred to as the unicorn of the sea. As marine mammals narwhals are protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service. Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.
According to evidence presented at the trial, Zarauskas conspired with others, including persons located in Canada, to illegally import the protected tusks for re-sale in the United States and to launder the funds used to purchase the narwhal tusks by transporting, transmitting, or transferring checks and money orders from New Jersey to Canada, intending that the money be used for further illegal imports of narwhal tusks.
On Jan. 7, 2014, Jay G. Conrad, of Lakeland, Tenn., who had been charged in the same indictment, pleaded guilty to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks. On that same date, a plea agreement was also unsealed in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.
Throughout the conspiracy, Zarauskus and his co-conspirators made payments to the Canadian supplier for the narwhal tusks, by sending the payments to a mailing address in Bangor, Maine, or directly to the supplier in Canada. The payments allowed the Canadian supplier to purchase and re-supply Zarauskus and Conrad with more narwhal tusks that they could then re-sell. Conrad sold between $400,000 and $1 million worth of narwhal tusks and Dunn sold approximately $1.1 million worth of narwhal tusks as members of the conspiracy.
Earlier this week, President Obama announced the National Strategy for Combating Wildlife Trafficking, recognizing that record high demand for wildlife products, coupled with inadequate preventative measures and weak institutions has resulted in an explosion of illicit trade in recent years. Like other forms of illicit trade, wildlife trafficking undermines security across nations. While t he Department of Justice has long worked to protect threatened and endangered wildlife species through its enforcement of the Lacey Act and the Marine Mammal Protection Act, among other laws, the National Strategy identifies priority areas for increased interagency coordination, with the objectives of harnessing and strategically applying the full breadth of U.S. Government resources to end the pernicious trade in protected species both at home and abroad.
Zarauskus and Conrad are to be sentenced by U.S. District Court Judge John A. Woodcock in the District of Maine. A sentencing date has not been set. They each face a maximum of twenty years incarceration for their involvement in this narwhal tusk trafficking scheme, and a fine of up to $250,000. Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014, and may be imprisoned up to five years and fined $250,000. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.
The case was investigated by agents from National Oceanic and Atmospheric Administration Office of Law Enforcement, the United States Fish and Wildlife Service Office of Law Enforcement and in coordination with Environmental Canada Wildlife Enforcement Division and the Department of Justice’s Office of International Affairs. The case is being prosecuted by Trial Attorneys Todd S. Mikolop and James Nelson of the Justice Department’s Environmental Crimes Section.
TRUCKING COMPANY CONTRACTOR IN AFGHANISTAN PLEADS GUILTY IN BRIBERY CASE
FROM: JUSTICE DEPARTMENT AFGHANISTAN
Friday, February 14, 2014
Independent Contractor in Afghanistan Pleads Guilty for His Role in Offering $54,000 in Bribes to a U.S. Government Official
Earlier today at the federal courthouse in Brooklyn, N.Y., Akbar Ahmad Sherzai, 49, of Centreville, Va., an independent contractor for a trucking company operating in Afghanistan that was responsible for delivering fuel to U.S. Army installations, pleaded guilty to his role in offering a U.S. Army serviceman $54,000 in bribes to falsify documents to reflect the successful delivery of fuel shipments that Army records indicate were never delivered. Sherzai faces a maximum of 15 years imprisonment and a $250,000 fine.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and United States Attorney for the Eastern District of New York Loretta E. Lynch made the announcement.
“The defendant sought to use deception, corruption and greed to enrich his company at the risk of jeopardizing the U.S. Army’s supply lines in Afghanistan,” said U.S. Attorney Lynch. “Attempts to corrupt American officials will not be tolerated, either at home or abroad.” U.S. Attorney Lynch extended her grateful appreciation to the Special Inspector General for the Afghanistan Reconstruction, Homeland Security Investigations and the FBI for their assistance in this case.
The U.S. Army regularly contracts with local Afghan trucking companies to transport U.S. military equipment, fuel, and other supplies throughout Afghanistan. To ensure the companies fulfilled these requests, the U.S. Army used transportation movement requests (TMRs), which, when properly completed, verified that the shipments were successfully completed before approving payments to the trucking companies.
In April 2013, Sherzai approached a U.S. military serviceman to discuss fuel delivery missions that had been classified by the U.S. Army as “no-shows,” meaning that the fuel had not been delivered. Sherzai offered the serviceman a bribe to falsify the TMRs to reflect successful deliveries so that Sherzai’s company would receive payment and avoid penalties for failed fuel deliveries. The serviceman, under the supervision of law enforcement, continued to meet with Sherzai to discuss payments for the falsification of records. On two separate occasions, Sherzai paid the serviceman bribes in cash on American military bases in Afghanistan. On another occasion, Sherzai arranged for the serviceman’s bribe to be transferred to the United States through a hawala, an informal money transfer system. In total, Sherzai paid the serviceman $54,000 in cash to falsify fourteen TMRs. Each “no show” delivery mission, absent the fraudulent TMRs, would have resulted in a fine of the company by the U.S. government of $75,000.
Sherzai was arrested on a criminal complaint on Sept. 24, 2013. The guilty plea proceeding was held before U.S. Magistrate Judge Robert M. Levy.
The government’s case is being prosecuted by Assistant U. S. Attorney Amir H. Toossi and Trial Attorney Daniel Butler of the Criminal Division’s Fraud Section.
Friday, February 14, 2014
Independent Contractor in Afghanistan Pleads Guilty for His Role in Offering $54,000 in Bribes to a U.S. Government Official
Earlier today at the federal courthouse in Brooklyn, N.Y., Akbar Ahmad Sherzai, 49, of Centreville, Va., an independent contractor for a trucking company operating in Afghanistan that was responsible for delivering fuel to U.S. Army installations, pleaded guilty to his role in offering a U.S. Army serviceman $54,000 in bribes to falsify documents to reflect the successful delivery of fuel shipments that Army records indicate were never delivered. Sherzai faces a maximum of 15 years imprisonment and a $250,000 fine.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and United States Attorney for the Eastern District of New York Loretta E. Lynch made the announcement.
“The defendant sought to use deception, corruption and greed to enrich his company at the risk of jeopardizing the U.S. Army’s supply lines in Afghanistan,” said U.S. Attorney Lynch. “Attempts to corrupt American officials will not be tolerated, either at home or abroad.” U.S. Attorney Lynch extended her grateful appreciation to the Special Inspector General for the Afghanistan Reconstruction, Homeland Security Investigations and the FBI for their assistance in this case.
The U.S. Army regularly contracts with local Afghan trucking companies to transport U.S. military equipment, fuel, and other supplies throughout Afghanistan. To ensure the companies fulfilled these requests, the U.S. Army used transportation movement requests (TMRs), which, when properly completed, verified that the shipments were successfully completed before approving payments to the trucking companies.
In April 2013, Sherzai approached a U.S. military serviceman to discuss fuel delivery missions that had been classified by the U.S. Army as “no-shows,” meaning that the fuel had not been delivered. Sherzai offered the serviceman a bribe to falsify the TMRs to reflect successful deliveries so that Sherzai’s company would receive payment and avoid penalties for failed fuel deliveries. The serviceman, under the supervision of law enforcement, continued to meet with Sherzai to discuss payments for the falsification of records. On two separate occasions, Sherzai paid the serviceman bribes in cash on American military bases in Afghanistan. On another occasion, Sherzai arranged for the serviceman’s bribe to be transferred to the United States through a hawala, an informal money transfer system. In total, Sherzai paid the serviceman $54,000 in cash to falsify fourteen TMRs. Each “no show” delivery mission, absent the fraudulent TMRs, would have resulted in a fine of the company by the U.S. government of $75,000.
Sherzai was arrested on a criminal complaint on Sept. 24, 2013. The guilty plea proceeding was held before U.S. Magistrate Judge Robert M. Levy.
The government’s case is being prosecuted by Assistant U. S. Attorney Amir H. Toossi and Trial Attorney Daniel Butler of the Criminal Division’s Fraud Section.
U.S. EXTENDS BEST WISHES TO PEOPLE OF SERBIA ON THEIR NATIONAL DAY
FROM: STATE DEPARTMENT
Serbia's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 14, 2014
On behalf of President Obama and the people of the United States, I extend best wishes to the people of Serbia as you celebrate your National Day on February 15.
The United States congratulates Serbia on opening accession talks and taking a crucial step toward EU membership. We commend the April 2013 agreement on normalization of relations with Kosovo.
We also welcome Serbia’s signing of a NATO Partnership for Peace Status of Forces Agreement and look forward to signing the Memorandum of Understanding for the Fulbright educational program. International exchange programs can have a transformative impact, which is exactly why they are such a high priority for me as Secretary of State.
The United States is committed to supporting Serbia’s efforts toward full integration into the Euro-Atlantic community. Serbia is assuming a growing role as a force for peace, stability, and prosperity in the region. That’s why our continued work to strengthen its multiethnic society, democratic institutions and rule of law is so important.
I congratulate all the people of Serbia and look forward to strengthening our partnership in the years to come.
Serbia's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 14, 2014
On behalf of President Obama and the people of the United States, I extend best wishes to the people of Serbia as you celebrate your National Day on February 15.
The United States congratulates Serbia on opening accession talks and taking a crucial step toward EU membership. We commend the April 2013 agreement on normalization of relations with Kosovo.
We also welcome Serbia’s signing of a NATO Partnership for Peace Status of Forces Agreement and look forward to signing the Memorandum of Understanding for the Fulbright educational program. International exchange programs can have a transformative impact, which is exactly why they are such a high priority for me as Secretary of State.
The United States is committed to supporting Serbia’s efforts toward full integration into the Euro-Atlantic community. Serbia is assuming a growing role as a force for peace, stability, and prosperity in the region. That’s why our continued work to strengthen its multiethnic society, democratic institutions and rule of law is so important.
I congratulate all the people of Serbia and look forward to strengthening our partnership in the years to come.
U.S. CONGRATULATES LITHUANIANS ON THEIR NATIONAL DAY
FROM: STATE DEPARTMENT
On the Occasion of Lithuania's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 14, 2014
On behalf of President Obama and the people of the United States, I congratulate the people of Lithuania on the 96th anniversary of your independence on February 16.
The United States and Lithuania share a warm friendship and a strong commitment to freedom, democracy, shared prosperity, and the rule of law.
I saw the strength of our partnership firsthand during my visit to Lithuanian last September, and let me tell you, it remains as relevant today as it has been in the past.
As Lithuania marks its 10th anniversary in NATO and the European Union and begins its U.N. Security Council term, the United States looks back in pride on the long and productive relationship between our nations.
We also look forward to the work ahead: advancing democratic norms and peace worldwide, increasing bilateral trade and investment, and supporting the goals of the Transatlantic Trade and Investment Partnership.
On this special day, the United States offers its congratulations to the people of Lithuania on a successful EU presidency and sends heartfelt wishes for the future.
On the Occasion of Lithuania's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 14, 2014
On behalf of President Obama and the people of the United States, I congratulate the people of Lithuania on the 96th anniversary of your independence on February 16.
The United States and Lithuania share a warm friendship and a strong commitment to freedom, democracy, shared prosperity, and the rule of law.
I saw the strength of our partnership firsthand during my visit to Lithuanian last September, and let me tell you, it remains as relevant today as it has been in the past.
As Lithuania marks its 10th anniversary in NATO and the European Union and begins its U.N. Security Council term, the United States looks back in pride on the long and productive relationship between our nations.
We also look forward to the work ahead: advancing democratic norms and peace worldwide, increasing bilateral trade and investment, and supporting the goals of the Transatlantic Trade and Investment Partnership.
On this special day, the United States offers its congratulations to the people of Lithuania on a successful EU presidency and sends heartfelt wishes for the future.
NASA'S SPACECRAFT CRAWLER-TRANSPORTERS
The crawler-transporter that will carry NASA’s Space Launch System (SLS) and Orion spacecraft to Launch Pad 39B for launch on Exploration Mission-1 in 2017 recently passed the first phase of an important milestone test at Kennedy Space Center in Florida. The Ground Systems Development and Operations Program completed testing of new traction roller bearings on crawler-transporter 2 (CT-2), on two of the massive vehicle’s truck sections, A and C, in late January. The new roller bearing assemblies that were installed on one side of the crawler are visible in this Jan. 31, 2014 image. CT-2 returned to the Vehicle Assembly Building (VAB) at Kennedy Space Center, where work continues to install new roller bearing assemblies on the B and D truck sections. For more than 45 years the crawler-transporters were used to transport the mobile launcher platform and the Apollo-Saturn V rockets and, later, space shuttles to Launch Pads 39A and B. Upgrades to CT-2 are necessary in order to increase the lifted-load capacity from 12 million to 18 million pounds to support the weight of the mobile launcher and future launch vehicles, including the SLS and Orion. Photo credit: NASA-Kim Shiflett.
Friday, February 14, 2014
JOINT STATEMENT ON DECLASSIFICATION OF ADDITIONAL DOCUMENTS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT
FROM: JUSTICE DEPARTMENT
Wednesday, February 12, 2014
Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act
Attorney General Eric Holder and Director of National Intelligence James Clapper released the following joint statement Wednesday:
“On Jan. 3, 2014, the Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority. The Director of National Intelligence also announced that the Administration was undertaking a declassification review of the court’s Jan. 3 primary order.
“During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities this country needs without the U.S. Government holding this bulk data.
“As a first step in that transition, the President directed the Department of Justice to work with the FISC to ensure that, absent a true emergency, the telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. The President also directed that the query results must be limited to metadata within two hops of the selection term instead of three. As previously announced on Feb. 6, 2014, to put these two changes into effect, the Department of Justice filed a motion with the FISC to amend its Jan. 3, 2014, primary order that renewed the authority to collect telephony metadata under Section 215. On Feb. 5, 2014, the FISC granted the motion.
“Following a declassification review by the Executive Branch, today the FISC released in redacted form the previously classified Jan. 3, 2014, primary order, signed by Judge Thomas Hogan, re-authorizing the collection of bulk telephony metadata under Section 215. The order re-affirms that the bulk telephony metadata collection is lawful. The authorization expires on Mar. 28, 2014. The FISC also released in redacted form the U.S. Government’s previously classified motion to amend the Jan. 3, 2014, primary order, as well as the previously classified Feb. 5, 2014, order granting that motion, signed by Judge Reggie Walton.
Wednesday, February 12, 2014
Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act
Attorney General Eric Holder and Director of National Intelligence James Clapper released the following joint statement Wednesday:
“On Jan. 3, 2014, the Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority. The Director of National Intelligence also announced that the Administration was undertaking a declassification review of the court’s Jan. 3 primary order.
“During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities this country needs without the U.S. Government holding this bulk data.
“As a first step in that transition, the President directed the Department of Justice to work with the FISC to ensure that, absent a true emergency, the telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. The President also directed that the query results must be limited to metadata within two hops of the selection term instead of three. As previously announced on Feb. 6, 2014, to put these two changes into effect, the Department of Justice filed a motion with the FISC to amend its Jan. 3, 2014, primary order that renewed the authority to collect telephony metadata under Section 215. On Feb. 5, 2014, the FISC granted the motion.
“Following a declassification review by the Executive Branch, today the FISC released in redacted form the previously classified Jan. 3, 2014, primary order, signed by Judge Thomas Hogan, re-authorizing the collection of bulk telephony metadata under Section 215. The order re-affirms that the bulk telephony metadata collection is lawful. The authorization expires on Mar. 28, 2014. The FISC also released in redacted form the U.S. Government’s previously classified motion to amend the Jan. 3, 2014, primary order, as well as the previously classified Feb. 5, 2014, order granting that motion, signed by Judge Reggie Walton.
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