FROM: U.S JUSTICE DEPARTMENT
Thursday, March 13, 2014
Memorial Hospital in Ohio Pays Government $8.5 Million to Settle False Claims Act Allegations
Memorial Hospital (Memorial), an Ohio nonprofit corporation that operates an acute care hospital in Fremont, Ohio, has agreed to pay $8.5 million to settle claims that it violated the False Claims Act, the Anti-Kickback Statute and the Stark Statute by engaging in improper financial relationships with referring physicians, the Justice Department announced today.
“Improper financial relationships between health care providers and their referral sources can undermine physicians' judgment about patients' true health care needs and drive up health care costs for everyone,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. "The Justice Department is firmly committed to recovering the taxpayer dollars lost due to these arrangements and making sure that all health care providers follow the rules.”
The Anti-Kickback Statute and the Stark Statute restrict the financial relationships that hospitals may have with doctors who refer patients to them. The settlement announced today involved allegations that financial relationships that Memorial had with two physicians – a joint venture between Memorial and a pain management physician and an arrangement under which an ophthalmologist purchased intraocular lenses and then resold them to Memorial at inflated prices - violated statutory requirements. These issues were disclosed to the government by Memorial.
"Physician referrals should be made exclusively based on what's best for the patient, not on financial relationships," said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach. "We hope that this settlement will once again help drive that message home."
The improper referrals at issue in this matter included Medicaid patients. Medicaid is funded jointly by the states and the federal government. The State of Ohio, which paid for some of the Medicaid claims at issue, will receive $600,383 of the settlement amount.
“The price of such arrangements can be very costly to the nation’s health care system, taxpayers and provider organizations,” said Inspector General of the U.S. Department of Health and Human Services Daniel R. Levinson. “So, we are pleased that Memorial stepped forward to disclose these improper financial relationships and is working to avoid future occurrences.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Secretary of Health and Human Services Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was handled by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Ohio and the Department of Health and Human Services Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Monday, March 17, 2014
CLINIC OWNER TO SERVE 108 MONTHS FOR ROLE IN VARIOUS HEALTH SCHEMES
FROM: U.S. JUSTICE DEPARTMENT
Friday, March 14, 2014
Medical Clinic Owner Sentenced for Role in Multiple Health Care Fraud Schemes Totaling Over $20 Million
The owner and operator of a Miami medical clinic, Merfi Corp., was sentenced today to serve 108 months in prison for her participation in multiple health care fraud schemes.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Brian P. Martens of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.
Isabel Medina, 49, of Miami, was sentenced by U.S. District Judge Ursula Ungaro of the Southern District of Florida. In addition to her prison term, Medina was also sentenced to serve three years of supervised release and was ordered to pay $8,437,393 in restitution.
On Jan. 7, 2014, Medina pleaded guilty before Judge Ungaro to conspiracy to commit health care fraud.
According to court documents, Medina was an owner and operator of Merfi Corp., a Miami medical clinic that employed physicians, physician assistants and other medical professionals who were authorized by law to dispense prescriptions for home health care services. Through Merfi Corp., Medina and her co-conspirators provided fraudulent home health and therapy prescriptions to the owners and operators of Flores Home Health Care Inc. and other home health care agencies, as well as to patient recruiters, in return for kickbacks and bribes.
Flores Home Health and these other home health care agencies purported to provide home health and therapy services to Medicare beneficiaries, but were in fact operated for the purpose of billing Medicare for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or were not provided.
Medina has acknowledged that her involvement in fraudulent schemes at multiple home health care companies resulted in losses to the Medicare program exceeding $20 million.
The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Friday, March 14, 2014
Medical Clinic Owner Sentenced for Role in Multiple Health Care Fraud Schemes Totaling Over $20 Million
The owner and operator of a Miami medical clinic, Merfi Corp., was sentenced today to serve 108 months in prison for her participation in multiple health care fraud schemes.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Brian P. Martens of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.
Isabel Medina, 49, of Miami, was sentenced by U.S. District Judge Ursula Ungaro of the Southern District of Florida. In addition to her prison term, Medina was also sentenced to serve three years of supervised release and was ordered to pay $8,437,393 in restitution.
On Jan. 7, 2014, Medina pleaded guilty before Judge Ungaro to conspiracy to commit health care fraud.
According to court documents, Medina was an owner and operator of Merfi Corp., a Miami medical clinic that employed physicians, physician assistants and other medical professionals who were authorized by law to dispense prescriptions for home health care services. Through Merfi Corp., Medina and her co-conspirators provided fraudulent home health and therapy prescriptions to the owners and operators of Flores Home Health Care Inc. and other home health care agencies, as well as to patient recruiters, in return for kickbacks and bribes.
Flores Home Health and these other home health care agencies purported to provide home health and therapy services to Medicare beneficiaries, but were in fact operated for the purpose of billing Medicare for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or were not provided.
Medina has acknowledged that her involvement in fraudulent schemes at multiple home health care companies resulted in losses to the Medicare program exceeding $20 million.
The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
ST. PATRICK'S DAY STATEMENT BY SECRETARY OF STATE KERRY
FROM: U.S. STATE DEPARTMENT
On the Occasion of St. Patrick's Day in Ireland
Press Statement
John Kerry
Secretary of State
Washington, DC
March 13, 2014
The American people join Irish people all over the world in celebrating St. Patrick’s Day on March 17.
Today, we look back with pride on Irish contributions to America’s history and cultural heritage. But we also look forward as Irish immigrants continue to renew America and remind us of our common roots. President Obama said it best: “There’s always been a little green behind the red, white, and blue.” I couldn’t agree more. As a former Senator from Massachusetts, home to one of the largest Irish-American populations in our country, I hold a special appreciation of what Ireland means to America.
There are many Irish immigrants who have helped write America’s story with their incredible success. Today, we honor them and the next generation of leaders on both sides of the Atlantic who are supporting this vital relationship.
Our partnership is broader and deeper than ever before. We’re working together to promote civil society, science and technology, education, and entrepreneurship. We’re also forging new academic and professional partnerships and pursuing opportunities through delegations, such as the one led by Special Representative Drew O’Brien to Limerick and Belfast in January.
Our investments in peace and prosperity will continue to strengthen the bonds between Ireland, Northern Ireland, and the United States, and promote economic growth in both our countries.
We often remark that everyone is Irish on St. Patrick’s Day. In the words of Ireland’s great poets, to the island’s outsized place in world history, to the powerful example it sets for the world, there is a heritage for us all to celebrate.
On this joyous holiday, we offer the people of Ireland our warmest wishes and look forward to strengthening the Irish–American relationship for years to come.
On the Occasion of St. Patrick's Day in Ireland
Press Statement
John Kerry
Secretary of State
Washington, DC
March 13, 2014
The American people join Irish people all over the world in celebrating St. Patrick’s Day on March 17.
Today, we look back with pride on Irish contributions to America’s history and cultural heritage. But we also look forward as Irish immigrants continue to renew America and remind us of our common roots. President Obama said it best: “There’s always been a little green behind the red, white, and blue.” I couldn’t agree more. As a former Senator from Massachusetts, home to one of the largest Irish-American populations in our country, I hold a special appreciation of what Ireland means to America.
There are many Irish immigrants who have helped write America’s story with their incredible success. Today, we honor them and the next generation of leaders on both sides of the Atlantic who are supporting this vital relationship.
Our partnership is broader and deeper than ever before. We’re working together to promote civil society, science and technology, education, and entrepreneurship. We’re also forging new academic and professional partnerships and pursuing opportunities through delegations, such as the one led by Special Representative Drew O’Brien to Limerick and Belfast in January.
Our investments in peace and prosperity will continue to strengthen the bonds between Ireland, Northern Ireland, and the United States, and promote economic growth in both our countries.
We often remark that everyone is Irish on St. Patrick’s Day. In the words of Ireland’s great poets, to the island’s outsized place in world history, to the powerful example it sets for the world, there is a heritage for us all to celebrate.
On this joyous holiday, we offer the people of Ireland our warmest wishes and look forward to strengthening the Irish–American relationship for years to come.
Sunday, March 16, 2014
COURT HALTS DEBT COLLECTOR'S ALLEGED DECEPTIVE AND ABUSIVE PRACTICES
FROM: FEDERAL TRADE COMMISSION
At FTC’s Request, Court Halts Debt Collector’s Allegedly Deceptive and Abusive Practices, Freezes Assets
Defendants Behind Buffalo, New York-based Operation Misrepresented They Were with the Government and Threatened Consumers with Arrest and Other Legal Action
At the request of the Federal Trade Commission, a U.S. district court halted a debt collection operation that the agency charged with violating the Federal Trade Commission Act and the Fair Debt Collection Act by misrepresenting that they were with the government, falsely accusing consumers of committing check fraud, and then threatening consumers with arrest.
The court order stops the illegal conduct, freezes the operation’s assets, and appoints a temporary receiver to take over the defendants’ business, pending a hearing scheduled for March 17.
“These debt collectors took deception to new lows,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “They bullied consumers, falsely accused them of crimes, and pretended to be government officials. Stopping their illegal activity is a real victory for consumers.”
Part of the FTC’s continuing crackdown on scams that target consumers in financial distress, the lawsuit charged two individuals – Mark Briandi and William Moses – and 13 interrelated companies in connection with the case. Another company – that was not actively involved, but profited from the scheme – was charged as a relief defendant. The defendants allegedly bought debts and collected debts owed to other companies, and much of the debts the defendants collected on had originated from payday loans.
Operating the scheme since at least May of 2010, the defendants portrayed themselves as representatives of the government by using company names that suggested a government affiliation or national presence, such as Federal Recoveries, LLC, Federal Check Processing, Inc, Federal Processing Services, Inc., Nationwide Check Processing, and State Check Processing, Inc.. The defendants threatened consumers with dire consequences – such as lawsuits, arrest and imprisonment or seizure of assets – unless consumers paid the debt immediately.
The defendants repeated these deceptive claims to consumers’ family members, friends, coworkers, and employers, and revealed the consumers’ debts to these third parties as well, the complaint stated. According to consumers interviewed by the FTC, the defendants routinely refused to provide information about the debt, as required by federal law, or to investigate the debt’s legitimacy – even after some consumers explained that they did not owe the debt, the debt had been paid in full, or the defendants did not have the authority to collect on the debt. The defendants allegedly collected millions of dollars from consumers using these unlawful tactics.
In addition to Briandi and Moses, the complaint names as defendants Federal Check Processing, Federal Recoveries, Federal Processing, Federal Processing Services, United Check Processing, Central Check Processing, Central Processing Services, American Check Processing, State Check Processing, Check Processing, Nationwide Check Processing, US Check Processing, and Flowing Streams. The complaint names Empowered Racing LLC as a relief defendant.
The FTC would like to thank the Buffalo Regional Office of the New York State Attorney General and the Consumer Protection Section of the Colorado Department of Law for their assistance with the investigation.
The Commission vote authorizing the staff to file the complaint was 4-0. The FTC filed the complaint and the request for a temporary restraining order in the U.S. District Court for the Western District of New York. On February 24, 2014, the court granted the FTC's request for a temporary restraining order with an asset freeze, the appointment of a receiver, immediate access to the business premises and limited discovery.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
At FTC’s Request, Court Halts Debt Collector’s Allegedly Deceptive and Abusive Practices, Freezes Assets
Defendants Behind Buffalo, New York-based Operation Misrepresented They Were with the Government and Threatened Consumers with Arrest and Other Legal Action
At the request of the Federal Trade Commission, a U.S. district court halted a debt collection operation that the agency charged with violating the Federal Trade Commission Act and the Fair Debt Collection Act by misrepresenting that they were with the government, falsely accusing consumers of committing check fraud, and then threatening consumers with arrest.
The court order stops the illegal conduct, freezes the operation’s assets, and appoints a temporary receiver to take over the defendants’ business, pending a hearing scheduled for March 17.
“These debt collectors took deception to new lows,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “They bullied consumers, falsely accused them of crimes, and pretended to be government officials. Stopping their illegal activity is a real victory for consumers.”
Part of the FTC’s continuing crackdown on scams that target consumers in financial distress, the lawsuit charged two individuals – Mark Briandi and William Moses – and 13 interrelated companies in connection with the case. Another company – that was not actively involved, but profited from the scheme – was charged as a relief defendant. The defendants allegedly bought debts and collected debts owed to other companies, and much of the debts the defendants collected on had originated from payday loans.
Operating the scheme since at least May of 2010, the defendants portrayed themselves as representatives of the government by using company names that suggested a government affiliation or national presence, such as Federal Recoveries, LLC, Federal Check Processing, Inc, Federal Processing Services, Inc., Nationwide Check Processing, and State Check Processing, Inc.. The defendants threatened consumers with dire consequences – such as lawsuits, arrest and imprisonment or seizure of assets – unless consumers paid the debt immediately.
The defendants repeated these deceptive claims to consumers’ family members, friends, coworkers, and employers, and revealed the consumers’ debts to these third parties as well, the complaint stated. According to consumers interviewed by the FTC, the defendants routinely refused to provide information about the debt, as required by federal law, or to investigate the debt’s legitimacy – even after some consumers explained that they did not owe the debt, the debt had been paid in full, or the defendants did not have the authority to collect on the debt. The defendants allegedly collected millions of dollars from consumers using these unlawful tactics.
In addition to Briandi and Moses, the complaint names as defendants Federal Check Processing, Federal Recoveries, Federal Processing, Federal Processing Services, United Check Processing, Central Check Processing, Central Processing Services, American Check Processing, State Check Processing, Check Processing, Nationwide Check Processing, US Check Processing, and Flowing Streams. The complaint names Empowered Racing LLC as a relief defendant.
The FTC would like to thank the Buffalo Regional Office of the New York State Attorney General and the Consumer Protection Section of the Colorado Department of Law for their assistance with the investigation.
The Commission vote authorizing the staff to file the complaint was 4-0. The FTC filed the complaint and the request for a temporary restraining order in the U.S. District Court for the Western District of New York. On February 24, 2014, the court granted the FTC's request for a temporary restraining order with an asset freeze, the appointment of a receiver, immediate access to the business premises and limited discovery.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
WHITE HOUSE PRESS SECRETARY ISSUES STATEMENT ON UKRAINE
FROM: THE WHITE HOUSE
Statement by the Press Secretary on Ukraine
The United States has steadfastly supported the independence, sovereignty, and territorial integrity of Ukraine since it declared its independence in 1991, and we reject the “referendum” that took place today in the Crimean region of Ukraine. This referendum is contrary to Ukraine’s constitution, and the international community will not recognize the results of a poll administered under threats of violence and intimidation from a Russian military intervention that violates international law.
No decisions should be made about the future of Ukraine without the Ukrainian government. Moreover, this vote was not necessary. The Ukrainian government has made clear its willingness to discuss increased autonomy for Crimea, and the presidential elections planned for May 25 provide a legitimate opportunity for all Ukrainians to make their voices heard on the future of their country.
In addition, Ukraine, the United States, the EU, the OSCE, the UN, and others have called for Russia to allow international monitors into the Crimean peninsula to ensure that the rights of ethnic Russians in Ukraine are being upheld. Russia has spurned those calls as well as outreach from the Ukrainian government and instead has escalated its military intervention into Crimea and initiated threatening military exercises on Ukraine’s eastern border.
Russia’s actions are dangerous and destabilizing. The UN Security Council recognized this in a vote yesterday that only Russia opposed. As the United States and our allies have made clear, military intervention and violation of international law will bring increasing costs for Russia – not only due to measures imposed by the United States and our allies but also as a direct result of Russia’s own destabilizing actions.
In this century, we are long past the days when the international community will stand quietly by while one country forcibly seizes the territory of another. We call on all members of the international community to continue to condemn such actions, to take concrete steps to impose costs, and to stand together in support of the Ukrainian people and Ukraine’s territorial integrity and sovereignty.
FTC CHANGES TEXTILE LABELLING RULES REGARDING FIBER CONTENT, COUNTRY-OF-ORIGIN
FROM: U.S. FEDERAL TRADE COMMISSION
The Federal Trade Commission has issued final amendments to its Textile Labeling Rules, addressing fiber content and country-of-origin disclosures.
The Rules implement the Textile Fiber Products Identification Act, which requires that certain textiles sold in the United States carry labels disclosing the generic names and percentages by weight of the fibers in the product, the manufacturer or marketer name, and the country where the product was processed or manufactured.
In May 2013, the FTC proposed changes to the Rules and sought public comment. Based on comments received, the agency proposed amendments to the Rules and sought public comments. After weighing the comments it received, the Commission approved the changes announced today, including amendments that would:
incorporate the updated International Organization for Standardization standard establishing generic fiber names for manufactured fibers; allow certain hang-tags disclosing fiber names and trademarks, and performance information, without the need to disclose the product’s full fiber content; clarify that an imported product’s country of origin is the country where it was processed or manufactured, as determined under laws and regulations enforced by U.S. Customs and Border Protection; better address electronic commerce with revised definitions of “invoice” and “invoice or other paper,” replace the requirement that guarantors sign continuing guarantees under penalty of perjury with a requirement that they acknowledge that providing a false guaranty is unlawful, and certify that they will actively monitor and ensure compliance with the applicable law; and clarify the provision identifying textile fiber product categories and products that are exempt from the Act’s requirements.
Based on the comments received, the Commission decided not to adopt its proposal to make continuing guaranties effective for one year unless revoked earlier. Thus, continuing guaranties filed with the Commission will remain effective until revoked.
The Commission vote to publish the Federal Register Notice amending the Rules and Regulations under the Textile Fiber Products Identification Act was 4-0. It will be published in the Federal Register soon. The amended Rules will become effective 30 days after the Federal Register Notice is posted.
The Federal Trade Commission has issued final amendments to its Textile Labeling Rules, addressing fiber content and country-of-origin disclosures.
The Rules implement the Textile Fiber Products Identification Act, which requires that certain textiles sold in the United States carry labels disclosing the generic names and percentages by weight of the fibers in the product, the manufacturer or marketer name, and the country where the product was processed or manufactured.
In May 2013, the FTC proposed changes to the Rules and sought public comment. Based on comments received, the agency proposed amendments to the Rules and sought public comments. After weighing the comments it received, the Commission approved the changes announced today, including amendments that would:
incorporate the updated International Organization for Standardization standard establishing generic fiber names for manufactured fibers; allow certain hang-tags disclosing fiber names and trademarks, and performance information, without the need to disclose the product’s full fiber content; clarify that an imported product’s country of origin is the country where it was processed or manufactured, as determined under laws and regulations enforced by U.S. Customs and Border Protection; better address electronic commerce with revised definitions of “invoice” and “invoice or other paper,” replace the requirement that guarantors sign continuing guarantees under penalty of perjury with a requirement that they acknowledge that providing a false guaranty is unlawful, and certify that they will actively monitor and ensure compliance with the applicable law; and clarify the provision identifying textile fiber product categories and products that are exempt from the Act’s requirements.
Based on the comments received, the Commission decided not to adopt its proposal to make continuing guaranties effective for one year unless revoked earlier. Thus, continuing guaranties filed with the Commission will remain effective until revoked.
The Commission vote to publish the Federal Register Notice amending the Rules and Regulations under the Textile Fiber Products Identification Act was 4-0. It will be published in the Federal Register soon. The amended Rules will become effective 30 days after the Federal Register Notice is posted.
DOL PROPOSES RULE TO HAVE PENSION PLAN PROVIDERS FURNISH GUIDE TO FEE DISCLOSURE DOCUMENTS
FROM: U.S. LABOR DEPARTMENT
US Labor Department proposes that service providers give employers a guide for 401(k) fee disclosures
WASHINGTON — The U.S. Department of Labor requested public comments on a proposed rule that would require pension plan service providers to furnish employers and other plan fiduciaries with a guide to assist them in navigating fee disclosure documents.
"The department’s recent fee disclosure rules were a good first step in bringing transparency to the 401(k) industry and disclosing potential conflicts of interest. However, some employers, particularly small businesses, may be having a hard time locating the required fee disclosures when they are embedded in lengthy or complex documents," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "Much like a roadmap, a guide can help employers locate fee information, which will help them better understand what they are being charged by financial services providers."
In 2012, the department published a final rule requiring that companies that provide certain services to employer-sponsored 401(k) plans by furnishing detailed information about their services and the compensation they will receive, including payments from third parties. The rule allows such companies to use existing contracts and other documents to provide this information to plan fiduciaries. The department has found that the fee information is often contained in lengthy contract documents, or spread out among multiple documents.
The proposal announced today would amend the 2012 rule to require that covered service providers furnish a guide if disclosures are made using multiple or lengthy documents. The guide must specifically identify the document, page or other specific locator, such as section, that enables the employer to quickly and easily find fee information.
The notice of proposed rulemaking is open for public comment. The notice also references an announcement by the department to conduct focus group sessions with fiduciaries to pension plans with fewer than 100 participants. The purpose of the focus group testing approach is to explore current practices and effects of the 2012 fee disclosure rule. The focus groups may provide additional information about the need for today’s proposal and what disclosure formats may be most useful to plan fiduciaries.
US Labor Department proposes that service providers give employers a guide for 401(k) fee disclosures
WASHINGTON — The U.S. Department of Labor requested public comments on a proposed rule that would require pension plan service providers to furnish employers and other plan fiduciaries with a guide to assist them in navigating fee disclosure documents.
"The department’s recent fee disclosure rules were a good first step in bringing transparency to the 401(k) industry and disclosing potential conflicts of interest. However, some employers, particularly small businesses, may be having a hard time locating the required fee disclosures when they are embedded in lengthy or complex documents," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "Much like a roadmap, a guide can help employers locate fee information, which will help them better understand what they are being charged by financial services providers."
In 2012, the department published a final rule requiring that companies that provide certain services to employer-sponsored 401(k) plans by furnishing detailed information about their services and the compensation they will receive, including payments from third parties. The rule allows such companies to use existing contracts and other documents to provide this information to plan fiduciaries. The department has found that the fee information is often contained in lengthy contract documents, or spread out among multiple documents.
The proposal announced today would amend the 2012 rule to require that covered service providers furnish a guide if disclosures are made using multiple or lengthy documents. The guide must specifically identify the document, page or other specific locator, such as section, that enables the employer to quickly and easily find fee information.
The notice of proposed rulemaking is open for public comment. The notice also references an announcement by the department to conduct focus group sessions with fiduciaries to pension plans with fewer than 100 participants. The purpose of the focus group testing approach is to explore current practices and effects of the 2012 fee disclosure rule. The focus groups may provide additional information about the need for today’s proposal and what disclosure formats may be most useful to plan fiduciaries.
SCIENTISTS RESEARCHING A WAY TO BETTER USE SUPERCONDUCTING MATERIALS
FROM: NATIONAL SCIENCE FOUNDATION
Researcher studies unsolved problem of interacting objects
Insights could enable more widespread use of superconducting materials
One of science's biggest puzzles is figuring out how interacting objects behave collectively. Take water, for example. "It's a molecule, but it's also a liquid with specific properties," says Daniel Sheehy, an assistant professor of physics at Louisiana State University. "How does the liquid come from the microscopic action of these water molecules?"
Sheehy doesn't study water, but he likes to use it to describe what he does study, which is many-particle quantum mechanics, that is, how atoms organize themselves at very low temperatures when they become trapped in beams of laser light, and whether they reach a superfluid state, a phenomenon that occurs only when it is extremely cold.
In a superconductor, the electrons form a superfluid which "is like a liquid, but better," Sheehy says. "It never slows down and the electrical resistance is zero, meaning none of the energy is lost."
The down side, however, is that this requires very cold temperatures to achieve, on the order of 10 kelvins (minus 263 C, minus 442 F), for conventional superconductors, which is why they generally only are used in special applications, such as in MRI machines, where they are kept cold with liquid helium.
"This is why they are not used in power lines," he says. "You would need refrigerators, which isn't very practical."
Sheehy's goal is to gain further insights that could enable more widespread uses for superconducting materials. "Might it be possible to make material that is a superconductor at ambient temperatures?" he asks. "No one knows. It is a very difficult goal, a very big goal. But we would like to use superconductors in places where they are not used now."
He is performing theoretical calculations regarding clouds of extremely cold atoms--imagine very dilute particles of gases trapped in a laser field--to see how they behave and whether they show superconducting properties. "All I want to know is if I put a million atoms in a small region and watch them interact, what can they do?" he says.
He is examining the activities of different alkali gases--those in the first column of the Periodic Table--because "they have only one outermost electron, making them easier to control," he says. "First, let's understand the simplest system we can think of so we can develop the theory. Let's fundamentally understand nature and this unsolved problem of interacting objects."
He does not conduct actual physical experiments, but is a theorist "who uses a computer, as well as paper and pencil calculations," to determine the properties of these clouds of atoms. "I am interested in the superfluid states of these atoms, which is where the particles don't have any viscosity; they flow without resistance," he says.
Sheehy is conducting his research under a National Science Foundation (NSF) Faculty Early Career Development (CAREER) award, which he received in 2012. The award supports junior faculty who exemplify the role of teacher-scholars through outstanding research, excellent education, and the integration of education and research within the context of the mission of their organization. NSF is funding his work with $428,200 over five years.
The grant's educational component includes developing more interactive materials in large-size physics classes so that they go beyond the "lecture" format, "with more hands-on activities that get them thinking," he says. "We will be trying to use Internet applications with certain computer programs that demonstrate the principles of quantum mechanics. This, hopefully, will get them to better learn physics, and get them excited about a future in science."
He also plans an outreach project to the public, and to high school and middle school students, including an in-school demonstration program aimed at inspiring the interest of minority students in science, and in pursuing science careers.
"The field of cold atoms is growing rapidly, fueled by numerous recent experimental breakthroughs, making it an ideal area for students to work in," he says. "We're working on fundamental problems that are conceptually simple but yet still intellectually stimulating and experimentally relevant."
-- Marlene Cimons, National Science Foundation
Investigators
Daniel Sheehy
Related Institutions/Organizations
Louisiana State University & Agricultural and Mechanical College
Researcher studies unsolved problem of interacting objects
Insights could enable more widespread use of superconducting materials
One of science's biggest puzzles is figuring out how interacting objects behave collectively. Take water, for example. "It's a molecule, but it's also a liquid with specific properties," says Daniel Sheehy, an assistant professor of physics at Louisiana State University. "How does the liquid come from the microscopic action of these water molecules?"
Sheehy doesn't study water, but he likes to use it to describe what he does study, which is many-particle quantum mechanics, that is, how atoms organize themselves at very low temperatures when they become trapped in beams of laser light, and whether they reach a superfluid state, a phenomenon that occurs only when it is extremely cold.
In a superconductor, the electrons form a superfluid which "is like a liquid, but better," Sheehy says. "It never slows down and the electrical resistance is zero, meaning none of the energy is lost."
The down side, however, is that this requires very cold temperatures to achieve, on the order of 10 kelvins (minus 263 C, minus 442 F), for conventional superconductors, which is why they generally only are used in special applications, such as in MRI machines, where they are kept cold with liquid helium.
"This is why they are not used in power lines," he says. "You would need refrigerators, which isn't very practical."
Sheehy's goal is to gain further insights that could enable more widespread uses for superconducting materials. "Might it be possible to make material that is a superconductor at ambient temperatures?" he asks. "No one knows. It is a very difficult goal, a very big goal. But we would like to use superconductors in places where they are not used now."
He is performing theoretical calculations regarding clouds of extremely cold atoms--imagine very dilute particles of gases trapped in a laser field--to see how they behave and whether they show superconducting properties. "All I want to know is if I put a million atoms in a small region and watch them interact, what can they do?" he says.
He is examining the activities of different alkali gases--those in the first column of the Periodic Table--because "they have only one outermost electron, making them easier to control," he says. "First, let's understand the simplest system we can think of so we can develop the theory. Let's fundamentally understand nature and this unsolved problem of interacting objects."
He does not conduct actual physical experiments, but is a theorist "who uses a computer, as well as paper and pencil calculations," to determine the properties of these clouds of atoms. "I am interested in the superfluid states of these atoms, which is where the particles don't have any viscosity; they flow without resistance," he says.
Sheehy is conducting his research under a National Science Foundation (NSF) Faculty Early Career Development (CAREER) award, which he received in 2012. The award supports junior faculty who exemplify the role of teacher-scholars through outstanding research, excellent education, and the integration of education and research within the context of the mission of their organization. NSF is funding his work with $428,200 over five years.
The grant's educational component includes developing more interactive materials in large-size physics classes so that they go beyond the "lecture" format, "with more hands-on activities that get them thinking," he says. "We will be trying to use Internet applications with certain computer programs that demonstrate the principles of quantum mechanics. This, hopefully, will get them to better learn physics, and get them excited about a future in science."
He also plans an outreach project to the public, and to high school and middle school students, including an in-school demonstration program aimed at inspiring the interest of minority students in science, and in pursuing science careers.
"The field of cold atoms is growing rapidly, fueled by numerous recent experimental breakthroughs, making it an ideal area for students to work in," he says. "We're working on fundamental problems that are conceptually simple but yet still intellectually stimulating and experimentally relevant."
-- Marlene Cimons, National Science Foundation
Investigators
Daniel Sheehy
Related Institutions/Organizations
Louisiana State University & Agricultural and Mechanical College
Saturday, March 15, 2014
THE FIRST FEMALE ANG FIGHTER WING COMMANDER TAKES CHARGE
FROM: U.S. AIR FORCE
First female assumes command of ANG fighter wing
By Lt. Col. Gary A. Daniel, 124th Fighter Wing / Published March 14, 2014
BOISE, Idaho (AFNS) -- Col. Sherrie McCandless, the first woman selected to command the 124th Fighter Wing and first female wing commander in Idaho Air National Guard history, assumed command in a ceremony on March 2, at Gowen Field, Boise, Idaho.
"We have a no-fail mission. It is absolutely imperative that we respond diligently -- as you have throughout the years," McCandless said.
"We are going to remain trained, focused and responsive on our current mission here and now. It is difficult to see clearly into the future, but what I see extremely clearly is our airmen. The equipment can be replaced, but our airmen remain. It's the lifetime patriots that we are; we get up in the morning and head into work."
McCandless just completed service as the director, plans and requirements, at the National Guard Bureau. She is a former airlift squadron commander, a command pilot with flying experience in the T-38 Talon, F-16 Fighting Falcon, C-40 Clipper and C-38 aircraft, an air liaison officer and a combat veteran. She has served as the executive officer to the chief of the Air National Guard, as aide-de-camp to the chief of the National Guard Bureau, and as a congressional liaison officer.
McCandless became the fifteenth wing commander of the 124th Fighter Wing.
"Any time you are moving into a position of leadership like this, you are always standing on the shoulders of those commanders that stood before you," she said.
"I would like to extend a personal thank you to Col. Chris Rood (the outgoing wing commander) for all his support during this transition. Thank you, General Nolan, (a previous wing commander) I know it takes everything that you've got to lead an organization at this level," she said.
Brig. Gen. Michael Nolan, the assistant adjutant general, Air, commander Idaho Air National Guard, presided over the ceremony. As he began to address the historic wing change of command he remarked upon the static A-10 Thunderbolt II just to right of the ceremony stage.
"She is a workhorse, and the hundreds of combat hours she has flown is a fine representation (of the 124th FW)," he said.
He thanked Col. Chris Rood for his service as 124th FW commander, vice commander and for his leadership through the process of a successful outcome to the 2013 consolidated unit inspection.
"The success of those inspections was in large part due to your efforts and the efforts of those you led," he said.
He proceeded to address the future of the Idaho Air National Guard.
"Today we find ourselves navigating a bit of rough air facing a potential divesture of the A-10 mission," he said. "Despite our confidence that has come with years of success, we find ourselves anxious about an uncertain future. But we are navigating, we are not adrift, we are flying a charted course. Our mission is clear, it is to fly, fight, and win.
"We are not in uncharted waters; the uncertainty we face is mission change," he continued. "We have successfully navigated mission change on several occasions. As always, we will succeed. Let's not focus on uncertainty, but on opportunities that come with certain change. They are numerous."
As he summarized the resumé of incoming fighter wing commander McCandless, he said, "We will capitalize on your unique experience and qualifications. I anticipate that you'll be a collaborative, articulate, well informed, and experienced leader capable of moving the wing forward."
As she addressed 124th FW's Airmen McCandless said, "We've accomplished nine aircraft conversions here, our Airmen have retrained and quickly regained their combat mission readiness as rapidly as possible each time and they have continued to serve with distinction."
McCandless thanked her husband, Lt. Col. Chris Sheppard, of the District of Columbia Air National Guard. Sheppard, a traditional guardsman, is commander of the 121st Operations Support Squadron.
"I'm extremely proud of his deployment record to Iraq twice and to Afghanistan," she said. "I'm not only a deployer myself, but I'm also a spouse. I wait and worry just as other spouses do for their spouse to come home from combat.
"I pledge my personal best to you all," she said. "I intend to uphold the promise of 'first class or not at all.'"
PRESIDENT OBAMA'S WEEKLY ADDRESS FOR MARCH 15, 2014
FROM: THE WHITE HOUSE
Weekly Address: Rewarding Hard Work by Strengthening Overtime Pay Protections
WASHINGTON, DC—In this week’s address, President Obama highlighted the action he took this week to reward hard work by strengthening overtime pay protections. As part of this year of action, the President has ordered the Secretary of Labor to modernize our country’s overtime rules to ensure that millions of American workers are paid a fair wage for a hard day’s work. While our economy is moving forward, the middle class and those fighting to get into it are still struggling and too many Americans are working harder than ever just to keep up, let alone get ahead. So, in consultation with workers and business, the Obama Administration will update and simplify the rules to reward hard work and responsibility.
The audio of the address and video of the address will be available online atwww.whitehouse.gov at 6:00 a.m. ET, Saturday, March 15, 2014.
Remarks of President Barack Obama
Weekly Address
The White House
March 15, 2014
Weekly Address
The White House
March 15, 2014
Hi, everybody. In this year of action, I’m doing everything I can, with or without Congress, to expand opportunity for more Americans. This week, I ordered a review of our nation’s overtime rules, to give more Americans the chance to earn the overtime pay they’ve worked for.
Here’s why this matters. Our businesses have created 8.7 million new jobs over the past four years. But in many ways, the trends that have battered the middle class for decades have grown even starker. While those at the top are doing better than ever, average wages have barely budged. Too many Americans are working harder than ever just to keep up.
We’ve got to build an economy that works for everybody, not just a fortunate few. We know from our history that our economy grows best from the middle out, when growth is more widely shared. So we’ve got to restore opportunity for all – the idea that with hard work and responsibility, you can get ahead.
Now, for more than 75 years, the 40-hour workweek and the overtime protections that come with it have helped countless workers climb the ladder of success. But today, an overtime exception originally meant for highly-paid employees now applies to workers who earn as little as $23,660 a year. It doesn’t matter if you do mostly physical labor, or if you work 50, 60, even 70 hours a week. Your employer may not have to pay you a single extra dime.
In some cases, this rule makes it possible for workers earning a salary to actually be paid less than the minimum wage. And it means that business owners who treat their employees fairly can be undercut by competitors who don’t. That’s not right. So we’re going to update those overtime rules to restore that basic principle that if you have to work more, you should be able to earn more. And we’ll do it by consulting workers and businesses, and simplifying the system so it’s easier for everyone.
Americans have spent too long working more and getting less in return. So wherever and whenever I can make sure that our economy rewards hard work and responsibility, that’s what I’m going to do. Because what every American wants is a paycheck that lets them support their families, know a little economic security, and pass down some hope and optimism to their kids. That’s something worth fighting for. And I’ll keep fighting for it as long as I’m President.
Thanks, and have a great weekend.
ACTING CHAIRMAN CFTC MARK WETJEN'S ADDRESS ON "GLOBAL HARMONIZED DERIVATIVES REGULATION"
FROM: COMMODITY FUTURES TRADING COMMISSION
Acting Chairman Mark Wetjen’s Keynote Address to the 39th Annual International Futures Industry Conference: The Necessity for Global Harmonized Derivatives Regulation
March 11, 2014
Introduction
Good afternoon, I’d like to thank the Futures Industry Association for the invitation to speak today. Thank you, Walt, for that kind introduction. I’m pleased to be back at the conference this year. I see many familiar faces in the crowd.
Before I begin, I would like to thank my colleagues, Commissioners Bart Chilton and Scott O’Malia, for their partnership and dedication to the work of the Commodity Futures Trading Commission. I have appreciated greatly their insights and involvement in the rulemaking process during my time at the Commission.
Global Derivatives Markets Need a Harmonized Global Regulatory Regime
As everyone here well knows, the derivatives markets are critical to the efficient functioning of the global financial system and the economies of the world. The risk-management and price-discovery functions of these markets have become integral to businesses across the spectrum, from agricultural producers to global manufacturers.
Those businesses depend on derivatives markets that have significant global reach, with market participants in the U.S. and abroad relying on liquidity pools formed in financial centers around the world. In many cases, the firms providing liquidity to these markets are global in nature and rely on risk-management expertise that is specific to markets in every major continent.
To be effective, therefore, the approach to regulating these markets must always be cognizant of this reality, and appropriately harmonized across legal jurisdictions. The paramount objectives of derivatives regulations must be to support a global market structure that promotes open, transparent, and liquid markets and sound risk-management practices at the firms operating within those markets.
With these objectives in mind, I would like to emphasize briefly the importance of the Commission’s continued efforts to promote a harmonized, international regulatory framework.
The Substituted Compliance Framework has been Effective and Remains Essential to Global Harmonization Efforts
The Commission has recognized the importance of developing this type of framework for many decades. The Commission’s staff, in fact, has long held the view that global execution and clearing services should be open to U.S. persons, provided the trading venues offering such services—in this case, foreign boards of trade—are appropriately overseen by home regulators and remain subject to regulations that are comparable to, and as comprehensive as, U.S. law.
The continued use of this comparability standard for the swaps regulatory regime is not happenstance. The substituted-compliance framework was effectively endorsed by Dodd-Frank itself, both as the substantive basis for the FBOT registration regime, and as precedent for the mutual-recognition frameworks authorized for foreign swap execution facilities and foreign clearinghouses. Additionally, the CFTC, through staff, embraced a substituted-compliance framework in the futures space before applying and expanding that framework to the swaps markets under its cross-border guidance.
From a policy perspective, the substituted-compliance framework for swaps incentivizes foreign jurisdictions to harmonize their risk management, reporting, clearing, and execution standards with U.S. standards under Dodd-Frank. In doing so, it also better aligns the interests of firms operating in these jurisdictions with the regulatory interests of foreign regulators.
From a practical perspective, the comparability framework respects principles of international comity, the limits of U.S. law, and the resource constraints of U.S. and global regulators. For firms depending on and operating in these markets, it also facilitates compliance with strengthened and harmonized regulatory standards.
The Commission’s longstanding embrace of the substituted-compliance framework therefore should not be surprising. Indeed, as I will discuss, I am confident that an expanded comparability framework for global execution and clearing venues will translate, over time, into more competition and more open, transparent, and liquid derivatives markets.
I say “over time” because, today, virtually all of the G20 jurisdictions are still in the process of implementing derivatives reforms. Although tremendous progress has been made in recent months in certain areas, the CFTC’s staff must and will continue to engage with global regulators to facilitate progress on derivatives reforms and ensure that these reforms appropriately support the intended outcomes of the G20 commitments as well as Dodd-Frank.
I suspect that engagement will prove not too difficult if the Commission diligently continues along the current path. The CFTC was the first derivatives regulator to adopt a comprehensive regulatory regime to fulfill the G20 commitments, and for that reason alone, its embrace of the substituted compliance framework should mean that the regulatory outcomes sought by Dodd-Frank will be equally sought by legislators and regulators overseeing the most active derivatives markets globally.
Indeed, one theme from the Commission’s meeting with representatives from 12 countries and 21 regulators this morning is that there is a continued commitment to derivatives reform across the globe.
Substituted Compliance Must Be Granular Enough to Be Meaningful and General Enough to Be Workable
It is important to note that harmonizing regulations that do not themselves impose standards that achieve outcomes similar to those sought by the U.S. under Dodd-Frank could result in regulatory arbitrage and dislocations in the markets, as well as give false assurances to the public.
It would be misguided for global regulators to harmonize the lowest common denominator in regulatory standards or to harmonize solely for harmonization’s sake. Fortunately, the substituted-compliance framework effectively ensures that this will not be the case for those markets accessed by U.S. persons, and for those markets that otherwise have a direct and significant nexus to U.S. commerce or the U.S. financial system.
Global regulators can and should remain faithful to the outcomes-based approach described in the CFTC’s cross-border guidance, avoiding an insistence on the exact language of U.S. regulations to the precise letter and comma. But the details will often matter, too. Regulators across the globe cannot know before implementation whether regulations will achieve anticipated outcomes, and so, even in an outcomes-based framework, they often must agree in some amount of detail on the specific means for achieving those ends.
The Path Forward Statement, and Related Staff Actions, Should Lead to a More Formal Mutual Recognition Framework for Execution and Clearing
One example of striking this balance is the recent Commission staff action granting conditional relief to registered multilateral trading facilities, following through on the agency’s commitments in the Path Forward statement last year. The CFTC staff’s relief was conditioned on foreign trading platforms meeting not only the regulatory requirements of their home jurisdictions but also fundamental access and pre-trade transparency requirements applicable under U.S. law to swap execution facilities.
MTFs relying upon the staff relief must, for example, offer their participants an order book, provide impartial access to the platform, support mandatory clearing, and facilitate post-trade reporting to U.S. registered swap data repositories. This approach accordingly promotes harmonized access and pre-trade transparency requirements in the swaps markets.
I am confident that the U.S. and E.U. will continue to make progress towards a longer-term, mutual recognition framework in the coming weeks, and the CFTC and its staff are taking certain steps now to encourage that development. In the meantime, the MTF solution, I believe, demonstrates the commitment of the United States and the European Union to ongoing coordination and provides one model for other jurisdictions to follow as they continue to make progress towards implementing G20 commitments.
In another example of its efforts to harmonize reforms, the CFTC staff last week issued letters intended to address uncertainties related to inter-affiliate clearing and execution. Those letters extended the availability of alternative compliance under the Commission’s inter-affiliate clearing rulemaking in order to incentivize jurisdictions to adopt clearing regulations akin to U.S. law by the end of this year.
It is my hope and belief that a further extension will not be necessary.
The CFTC Must Establish a Mutual Recognition Framework for Foreign Swap Execution Facilities and Foreign Derivatives Clearing Organizations
In continued pursuit of more open, transparent, and liquid derivatives markets, I have directed staff to develop regulations to set forth a process for recognizing foreign clearinghouses and foreign trading venues under authority provided by Congress in Dodd-Frank.
With respect to the former proposal, the Commission may consider a rulemaking next month that will set forth certain standards for, and a process to permit, some types of clearing arrangements through foreign clearinghouses. The policy judgments in that proposal were in some respects simplified by the widespread adoption of the Principles for Financial Market Infrastructures and the international dialogue on clearing. The PFMIs appear to reflect a consensus view on certain aspects of clearing regulation, and in general, stand in contrast to the more varied views on swap execution across the globe.
Unfortunately, the companion trade-execution proposal will not have the benefit of an advanced international dialogue on execution issues. The proposal must therefore rely in the first instance on the standards developed under the Commission’s SEF rulemaking and re-affirmed more recently in the MTF letter, which again will encourage other jurisdictions to develop principles for pre-trade transparency and impartial access in accord with U.S. standards.
By giving effect to Congress’ intent and providing the blueprint for a mutual-recognition framework in these areas, I am confident that the CFTC will encourage other countries to follow its lead and adopt comparable and comprehensive reforms.
The Substituted Compliance Framework Respects the Resource Constraints of U.S. and Global Regulators
As a final note, global coordination and cooperation are all the more critical for the Commission as it operates under inadequate funding. With a current funding level of $215 million, and a staff of approximately 644, the Commission must leverage all of its regulatory partnerships in order to fulfill its mission.
Conclusion
The complexities of the derivatives markets, and perhaps the pace of rulemaking in the United States, have required the CFTC to make a few adjustments over the past two years. The Commission has consistently demonstrated leadership, though, by acting decisively when the circumstances called for it, and I believe that market participants and policy makers around the globe rightly expect leadership from this agency—both in implementing rules to protect the integrity of the markets, as well as take actions to correct any inadvertent effects.
Moving ahead, the CFTC will continue to lead in promoting harmonized regulation, doing what it can to avoid incentivizing personnel decisions, inter-affiliate relationships, and corporate structures that will make financial firms only more difficult to manage, understand, and unwind during a period of market distress.
Thank you again for today’s invitation.
Acting Chairman Mark Wetjen’s Keynote Address to the 39th Annual International Futures Industry Conference: The Necessity for Global Harmonized Derivatives Regulation
March 11, 2014
Introduction
Good afternoon, I’d like to thank the Futures Industry Association for the invitation to speak today. Thank you, Walt, for that kind introduction. I’m pleased to be back at the conference this year. I see many familiar faces in the crowd.
Before I begin, I would like to thank my colleagues, Commissioners Bart Chilton and Scott O’Malia, for their partnership and dedication to the work of the Commodity Futures Trading Commission. I have appreciated greatly their insights and involvement in the rulemaking process during my time at the Commission.
Global Derivatives Markets Need a Harmonized Global Regulatory Regime
As everyone here well knows, the derivatives markets are critical to the efficient functioning of the global financial system and the economies of the world. The risk-management and price-discovery functions of these markets have become integral to businesses across the spectrum, from agricultural producers to global manufacturers.
Those businesses depend on derivatives markets that have significant global reach, with market participants in the U.S. and abroad relying on liquidity pools formed in financial centers around the world. In many cases, the firms providing liquidity to these markets are global in nature and rely on risk-management expertise that is specific to markets in every major continent.
To be effective, therefore, the approach to regulating these markets must always be cognizant of this reality, and appropriately harmonized across legal jurisdictions. The paramount objectives of derivatives regulations must be to support a global market structure that promotes open, transparent, and liquid markets and sound risk-management practices at the firms operating within those markets.
With these objectives in mind, I would like to emphasize briefly the importance of the Commission’s continued efforts to promote a harmonized, international regulatory framework.
The Substituted Compliance Framework has been Effective and Remains Essential to Global Harmonization Efforts
The Commission has recognized the importance of developing this type of framework for many decades. The Commission’s staff, in fact, has long held the view that global execution and clearing services should be open to U.S. persons, provided the trading venues offering such services—in this case, foreign boards of trade—are appropriately overseen by home regulators and remain subject to regulations that are comparable to, and as comprehensive as, U.S. law.
The continued use of this comparability standard for the swaps regulatory regime is not happenstance. The substituted-compliance framework was effectively endorsed by Dodd-Frank itself, both as the substantive basis for the FBOT registration regime, and as precedent for the mutual-recognition frameworks authorized for foreign swap execution facilities and foreign clearinghouses. Additionally, the CFTC, through staff, embraced a substituted-compliance framework in the futures space before applying and expanding that framework to the swaps markets under its cross-border guidance.
From a policy perspective, the substituted-compliance framework for swaps incentivizes foreign jurisdictions to harmonize their risk management, reporting, clearing, and execution standards with U.S. standards under Dodd-Frank. In doing so, it also better aligns the interests of firms operating in these jurisdictions with the regulatory interests of foreign regulators.
From a practical perspective, the comparability framework respects principles of international comity, the limits of U.S. law, and the resource constraints of U.S. and global regulators. For firms depending on and operating in these markets, it also facilitates compliance with strengthened and harmonized regulatory standards.
The Commission’s longstanding embrace of the substituted-compliance framework therefore should not be surprising. Indeed, as I will discuss, I am confident that an expanded comparability framework for global execution and clearing venues will translate, over time, into more competition and more open, transparent, and liquid derivatives markets.
I say “over time” because, today, virtually all of the G20 jurisdictions are still in the process of implementing derivatives reforms. Although tremendous progress has been made in recent months in certain areas, the CFTC’s staff must and will continue to engage with global regulators to facilitate progress on derivatives reforms and ensure that these reforms appropriately support the intended outcomes of the G20 commitments as well as Dodd-Frank.
I suspect that engagement will prove not too difficult if the Commission diligently continues along the current path. The CFTC was the first derivatives regulator to adopt a comprehensive regulatory regime to fulfill the G20 commitments, and for that reason alone, its embrace of the substituted compliance framework should mean that the regulatory outcomes sought by Dodd-Frank will be equally sought by legislators and regulators overseeing the most active derivatives markets globally.
Indeed, one theme from the Commission’s meeting with representatives from 12 countries and 21 regulators this morning is that there is a continued commitment to derivatives reform across the globe.
Substituted Compliance Must Be Granular Enough to Be Meaningful and General Enough to Be Workable
It is important to note that harmonizing regulations that do not themselves impose standards that achieve outcomes similar to those sought by the U.S. under Dodd-Frank could result in regulatory arbitrage and dislocations in the markets, as well as give false assurances to the public.
It would be misguided for global regulators to harmonize the lowest common denominator in regulatory standards or to harmonize solely for harmonization’s sake. Fortunately, the substituted-compliance framework effectively ensures that this will not be the case for those markets accessed by U.S. persons, and for those markets that otherwise have a direct and significant nexus to U.S. commerce or the U.S. financial system.
Global regulators can and should remain faithful to the outcomes-based approach described in the CFTC’s cross-border guidance, avoiding an insistence on the exact language of U.S. regulations to the precise letter and comma. But the details will often matter, too. Regulators across the globe cannot know before implementation whether regulations will achieve anticipated outcomes, and so, even in an outcomes-based framework, they often must agree in some amount of detail on the specific means for achieving those ends.
The Path Forward Statement, and Related Staff Actions, Should Lead to a More Formal Mutual Recognition Framework for Execution and Clearing
One example of striking this balance is the recent Commission staff action granting conditional relief to registered multilateral trading facilities, following through on the agency’s commitments in the Path Forward statement last year. The CFTC staff’s relief was conditioned on foreign trading platforms meeting not only the regulatory requirements of their home jurisdictions but also fundamental access and pre-trade transparency requirements applicable under U.S. law to swap execution facilities.
MTFs relying upon the staff relief must, for example, offer their participants an order book, provide impartial access to the platform, support mandatory clearing, and facilitate post-trade reporting to U.S. registered swap data repositories. This approach accordingly promotes harmonized access and pre-trade transparency requirements in the swaps markets.
I am confident that the U.S. and E.U. will continue to make progress towards a longer-term, mutual recognition framework in the coming weeks, and the CFTC and its staff are taking certain steps now to encourage that development. In the meantime, the MTF solution, I believe, demonstrates the commitment of the United States and the European Union to ongoing coordination and provides one model for other jurisdictions to follow as they continue to make progress towards implementing G20 commitments.
In another example of its efforts to harmonize reforms, the CFTC staff last week issued letters intended to address uncertainties related to inter-affiliate clearing and execution. Those letters extended the availability of alternative compliance under the Commission’s inter-affiliate clearing rulemaking in order to incentivize jurisdictions to adopt clearing regulations akin to U.S. law by the end of this year.
It is my hope and belief that a further extension will not be necessary.
The CFTC Must Establish a Mutual Recognition Framework for Foreign Swap Execution Facilities and Foreign Derivatives Clearing Organizations
In continued pursuit of more open, transparent, and liquid derivatives markets, I have directed staff to develop regulations to set forth a process for recognizing foreign clearinghouses and foreign trading venues under authority provided by Congress in Dodd-Frank.
With respect to the former proposal, the Commission may consider a rulemaking next month that will set forth certain standards for, and a process to permit, some types of clearing arrangements through foreign clearinghouses. The policy judgments in that proposal were in some respects simplified by the widespread adoption of the Principles for Financial Market Infrastructures and the international dialogue on clearing. The PFMIs appear to reflect a consensus view on certain aspects of clearing regulation, and in general, stand in contrast to the more varied views on swap execution across the globe.
Unfortunately, the companion trade-execution proposal will not have the benefit of an advanced international dialogue on execution issues. The proposal must therefore rely in the first instance on the standards developed under the Commission’s SEF rulemaking and re-affirmed more recently in the MTF letter, which again will encourage other jurisdictions to develop principles for pre-trade transparency and impartial access in accord with U.S. standards.
By giving effect to Congress’ intent and providing the blueprint for a mutual-recognition framework in these areas, I am confident that the CFTC will encourage other countries to follow its lead and adopt comparable and comprehensive reforms.
The Substituted Compliance Framework Respects the Resource Constraints of U.S. and Global Regulators
As a final note, global coordination and cooperation are all the more critical for the Commission as it operates under inadequate funding. With a current funding level of $215 million, and a staff of approximately 644, the Commission must leverage all of its regulatory partnerships in order to fulfill its mission.
Conclusion
The complexities of the derivatives markets, and perhaps the pace of rulemaking in the United States, have required the CFTC to make a few adjustments over the past two years. The Commission has consistently demonstrated leadership, though, by acting decisively when the circumstances called for it, and I believe that market participants and policy makers around the globe rightly expect leadership from this agency—both in implementing rules to protect the integrity of the markets, as well as take actions to correct any inadvertent effects.
Moving ahead, the CFTC will continue to lead in promoting harmonized regulation, doing what it can to avoid incentivizing personnel decisions, inter-affiliate relationships, and corporate structures that will make financial firms only more difficult to manage, understand, and unwind during a period of market distress.
Thank you again for today’s invitation.
RECENT U.S. AIR FORCE PHOTOS FROM AFGHANISTAN
FROM: U.S. DEFENSE DEPARTMENT
U.S.+Air+Force+photo+by+Tech.+Sgt.+Jason+Robertson.jpg) |
| An Afghan air force Mi-17 aerial gunner prepares for takeoff during a night-vision goggle training mission near Kabul, Afghanistan, March 13, 2014. U.S. airmen assigned to the 438th Air Expeditionary Wing, NATO Air Training Command Afghanistan participated in an advisory capacity. U.S. Air Force photo by Tech. Sgt. Jason Robertson. |
 |
| An Afghan air force Mi-17 helicopter, flown by an Afghan air force pilot and U.S. Air Force Maj. Frank Cooper, lands during a night-vision goggle training mission near Kabul, Afghanistan, March 13, 2014. Cooper is an Mi-17 advisor assigned to the 438th Air Expeditionary Wing, NATO Air Training Command-Afghanistan. U.S. Air Force photo by Tech. Sgt. Jason Robertson. |
U.S. OFFICIAL'S REMARKS AT UN COMMISSION ON NARCOTIC DRUGS
FROM: U.S. STATE DEPARTMENT
Remarks at the UN Commission on Narcotic Drugs (CND) High-Level Segment
William R. Brownfield
Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs
Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs
Vienna, Austria
March 13, 2014
Thank you, Mr. Chairman, members of the Commission
It is a pleasure to join you all today.
Protecting our citizens from the harmful consequences of illegal drugs and transnational criminal organizations is a shared responsibility.
There is consensus around the goals: public health; citizen security; rule of law. How we achieve them will engage our governments leading up to the 2016 UN General Assembly Special Session on Drugs.
The three drug conventions are the starting point. Their goals – facilitating access to medicine, protecting citizens from the consequences of harmful drugs – are universally acknowledged. As is the important role of civil society in achieving them.
The international drug control system is not perfect. Some argue the conventions cannot handle problems this big and complex. I respectfully disagree: over the decades, these conventions have been flexible and resilient, evolving to help member states grapple with these challenges. We believe it is more prudent to advance evidence-based reform within the framework of the conventions than to embrace unproven ideas that undercut the system and risk greater drug abuse. We welcome the chance to discuss reform at this CND and during preparations for the 2016 UNGASS.
The United States enters this dialogue with three lessons in mind:
First, historic neuroscience advances prove addiction is a disease of the brain that can be prevented and treated. We must look at what drives individuals to use drugs, identify ways to prevent drug use before it begins, and expand access to treatment. We will share examples of effective practices with partners facing similar challenges, while supporting capacity-building and training for drug prevention, intervention, treatment, and recovery.
Second, we need a holistic approach to combat the criminal orgs who wreak havoc on communities. It is not our task to incarcerate everyone who consumes drugs, but to take down the multinational criminal enterprises that profit from them. Criminal networks thrive in underserved spaces. But when the criminal justice system and the treatment community work in tandem, when we provide alternatives to incarceration, we can stop the revolving door of criminal justice and save lives. Alternative development is another tool for helping good governance and prosperity take root.
Third, international cooperation among UN member states is essential. New psychoactive substances are an excellent example. As many as 200 new uncontrolled substances hit the market just this year, posing public health and law enforcement challenges to all. Member states have developed mechanisms to share information and responses to protect our citizens from these substances, demonstrating the value of the drug conventions, the UNODC, the WHO, and the INCB.
A focus on public health and the science of addiction; an innovative approach to criminal justice; and a commitment to international cooperation. These ladies and gentlemen are the future of drug policy. The three drug conventions provide the framework for this holistic, balanced approach to reducing the global drug problem.
We look to the future, our efforts must be guided by reason, evidence, and – above all – a common desire to safeguard the health and well-being of our citizens.
That is a formula for success, ladies and gentlemen. And succeed we shall, because succeed we must.
It is a pleasure to join you all today.
Protecting our citizens from the harmful consequences of illegal drugs and transnational criminal organizations is a shared responsibility.
There is consensus around the goals: public health; citizen security; rule of law. How we achieve them will engage our governments leading up to the 2016 UN General Assembly Special Session on Drugs.
The three drug conventions are the starting point. Their goals – facilitating access to medicine, protecting citizens from the consequences of harmful drugs – are universally acknowledged. As is the important role of civil society in achieving them.
The international drug control system is not perfect. Some argue the conventions cannot handle problems this big and complex. I respectfully disagree: over the decades, these conventions have been flexible and resilient, evolving to help member states grapple with these challenges. We believe it is more prudent to advance evidence-based reform within the framework of the conventions than to embrace unproven ideas that undercut the system and risk greater drug abuse. We welcome the chance to discuss reform at this CND and during preparations for the 2016 UNGASS.
The United States enters this dialogue with three lessons in mind:
First, historic neuroscience advances prove addiction is a disease of the brain that can be prevented and treated. We must look at what drives individuals to use drugs, identify ways to prevent drug use before it begins, and expand access to treatment. We will share examples of effective practices with partners facing similar challenges, while supporting capacity-building and training for drug prevention, intervention, treatment, and recovery.
Second, we need a holistic approach to combat the criminal orgs who wreak havoc on communities. It is not our task to incarcerate everyone who consumes drugs, but to take down the multinational criminal enterprises that profit from them. Criminal networks thrive in underserved spaces. But when the criminal justice system and the treatment community work in tandem, when we provide alternatives to incarceration, we can stop the revolving door of criminal justice and save lives. Alternative development is another tool for helping good governance and prosperity take root.
Third, international cooperation among UN member states is essential. New psychoactive substances are an excellent example. As many as 200 new uncontrolled substances hit the market just this year, posing public health and law enforcement challenges to all. Member states have developed mechanisms to share information and responses to protect our citizens from these substances, demonstrating the value of the drug conventions, the UNODC, the WHO, and the INCB.
A focus on public health and the science of addiction; an innovative approach to criminal justice; and a commitment to international cooperation. These ladies and gentlemen are the future of drug policy. The three drug conventions provide the framework for this holistic, balanced approach to reducing the global drug problem.
We look to the future, our efforts must be guided by reason, evidence, and – above all – a common desire to safeguard the health and well-being of our citizens.
That is a formula for success, ladies and gentlemen. And succeed we shall, because succeed we must.
UKRAINIAN ARRESTED ON INTERNATIONAL CORRUPTION CONSPIRACY CHARGES
FROM: U.S. JUSTICE DEPARTMENT
Friday, March 14, 2014
Ukrainian Businessman Arrested in Austria on U.S. International Corruption Conspiracy Charges
Dmitry Firtash, 48, a Ukrainian businessman, was arrested Wednesday by Austrian authorities in Vienna on a provisional arrest request based on charges filed in the Northern District of Illinois, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Zachary T. Fardon of the Northern District of Illinois.
The charges result from an investigation, which the FBI has conducted for several years, of an alleged international corruption conspiracy. Firtash’s arrest is not related to recent events in Ukraine.
Firtash, who controls Group DF, an international conglomerate of companies, remains in Austrian custody unless he meets the bail condition of posting a €125 million bond, which was set today in a Vienna court. The U.S. government will seek his extradition.
The charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The department has worked closely with and has received significant assistance from its law enforcement counterparts in Austria and greatly appreciates their assistance in this matter. Significant assistance was also provided by the Criminal Division’s Office of International Affairs. The Chicago Office of the FBI conducted the investigation.
Friday, March 14, 2014
Ukrainian Businessman Arrested in Austria on U.S. International Corruption Conspiracy Charges
Dmitry Firtash, 48, a Ukrainian businessman, was arrested Wednesday by Austrian authorities in Vienna on a provisional arrest request based on charges filed in the Northern District of Illinois, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Zachary T. Fardon of the Northern District of Illinois.
The charges result from an investigation, which the FBI has conducted for several years, of an alleged international corruption conspiracy. Firtash’s arrest is not related to recent events in Ukraine.
Firtash, who controls Group DF, an international conglomerate of companies, remains in Austrian custody unless he meets the bail condition of posting a €125 million bond, which was set today in a Vienna court. The U.S. government will seek his extradition.
The charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The department has worked closely with and has received significant assistance from its law enforcement counterparts in Austria and greatly appreciates their assistance in this matter. Significant assistance was also provided by the Criminal Division’s Office of International Affairs. The Chicago Office of the FBI conducted the investigation.
JET PROPULSION LABORATORY USES FUEL CELLS TO INVESTIGATE ORIGINS OF LIFE
FROM: NASA
How Did Life Arise? Fuel Cells May Have Answers
How life arose from the toxic and inhospitable environment of our planet billions of years ago remains a deep mystery. Researchers have simulated the conditions of an early Earth in test tubes, even fashioning some of life's basic ingredients. But how those ingredients assembled into living cells, and how life was first able to generate energy, remain unknown.
A new study led by Laurie Barge of NASA's Jet Propulsion Laboratory in Pasadena, Calif., demonstrates a unique way to study the origins of life: fuel cells.
Fuel cells are found in specialized cars, planes and NASA's human spacecraft, such as the now-retired space shuttle. The cells are similar to batteries in generating electricity and power, but they require fuel, such as hydrogen gas. In the new study, the fuel cells are not used for power, but for testing chemical reactions thought to have led to the development of life.
"Something about Earth led to life, and we think one important factor was that the planet provides electrical energy at the seafloor," said Barge. "This energy could have kick-started life -- and could have sustained life after it arose. Now, we have a way of testing different materials and environments that could have helped life arise not just on Earth, but possibly on Mars, Europa and other places in the solar system."
Barge is a member of the JPL Icy Worlds team of the NASA Astrobiology Institute, based at NASA's Ames Research Center in Moffett Field, Calif. The team's paper appears online March 13 in the journal Astrobiology.
One of the basic functions of life as we know it is the ability to store and use energy. In cells, this is a form of metabolism and involves the transfer of electrons from one molecule to another. The process is at work in our own bodies, giving us energy.
Fuel cells are similar to biological cells in that electrons are also transferred to and from molecules. In both cases, this results in electricity and power. In order for a fuel cell to work, it needs fuel, such as hydrogen gas, along with electrodes and catalysts, which help transfer the electrons. Electrons are transferred from an electron donor (such as hydrogen) to an electron acceptor (such as oxygen), resulting in current. In your cells, metal-containing enzymes -- your biological catalysts -- transfer electrons and generate energy for life.
In the team’s experiments, the fuel cell electrodes and catalysts are made of primitive geological material thought to have existed on early Earth. If this material can help transfer electrons, the researchers will observe an electrical current. By testing different types of materials, these fuel cell experiments allow the scientists to narrow in on the chemistry that might have taken place when life first arose on Earth.
"What we are proposing here is to simulate energetic processes, which could bridge the gap between the geological processes of the early Earth and the emergence of biological life on this planet," said Terry Kee from the University of Leeds, England, one of the co-authors of the research paper.
"We're going back in time to test specific minerals such as those containing iron and nickel, which would have been common on the early Earth and could have led to biological metabolism," said Barge.
The researchers also tested material from little lab-grown "chimneys," simulating the huge structures that grow from the hydrothermal vents that line ocean floors. These "chemical gardens" are possible locations for pre-life chemical reactions.
When the team used material from the lab-grown chimneys in the fuel cells, electrical currents were detected. Barge said that this is a preliminary test, showing that the hydrothermal chimneys formed on early Earth can transfer electrons – and therefore, may drive some of the first energetic reactions leading to metabolism.
The experiments also showed that the fuel cells can be used to test other materials from our ancient Earth. And if life did arise on other planets, those conditions can be tested, too.
"We can just swap in an ocean and minerals that might have existed on early Mars," said Barge. "Since fuel cells are modular -- meaning, you can easily replace pieces with other pieces -- we can use these techniques to investigate any planet’s potential to kick-start life."
At JPL, fuel cells are not only for the study of life, but are also being developed for long-term human space travel. Hydrogen fuel cells can produce water, which can be recycled and used as fuel again. Researchers are experimenting with these advanced regenerative fuel cells, which are highly efficient and offer long-lasting power.
Thomas I. Valdez, who is developing regenerative fuel cells at JPL, said, "I think it is great that we can transition techniques used to study reactions in fuel cells to areas such as astrobiology."
Other authors of the paper are: Ivria J. Doloboff, Chung-Kuang Lin, Richard D. Kidd and Isik Kanik of the JPL Icy Worlds team; Joshua M. P. Hampton of the University of Leeds School of Chemistry, Mohammed Ismail and Mohamed Pourkashanian at the University of Leeds Centre for Fluid Dynamics; John Zeytounian of the University of Southern California, Los Angeles; and Marc M. Baum and John A. Moss of the Oak Crest Institute of Science, Pasadena.
JPL is managed by the California Institute of Technology in Pasadena for NASA.
How Did Life Arise? Fuel Cells May Have Answers
How life arose from the toxic and inhospitable environment of our planet billions of years ago remains a deep mystery. Researchers have simulated the conditions of an early Earth in test tubes, even fashioning some of life's basic ingredients. But how those ingredients assembled into living cells, and how life was first able to generate energy, remain unknown.
A new study led by Laurie Barge of NASA's Jet Propulsion Laboratory in Pasadena, Calif., demonstrates a unique way to study the origins of life: fuel cells.
Fuel cells are found in specialized cars, planes and NASA's human spacecraft, such as the now-retired space shuttle. The cells are similar to batteries in generating electricity and power, but they require fuel, such as hydrogen gas. In the new study, the fuel cells are not used for power, but for testing chemical reactions thought to have led to the development of life.
"Something about Earth led to life, and we think one important factor was that the planet provides electrical energy at the seafloor," said Barge. "This energy could have kick-started life -- and could have sustained life after it arose. Now, we have a way of testing different materials and environments that could have helped life arise not just on Earth, but possibly on Mars, Europa and other places in the solar system."
Barge is a member of the JPL Icy Worlds team of the NASA Astrobiology Institute, based at NASA's Ames Research Center in Moffett Field, Calif. The team's paper appears online March 13 in the journal Astrobiology.
One of the basic functions of life as we know it is the ability to store and use energy. In cells, this is a form of metabolism and involves the transfer of electrons from one molecule to another. The process is at work in our own bodies, giving us energy.
Fuel cells are similar to biological cells in that electrons are also transferred to and from molecules. In both cases, this results in electricity and power. In order for a fuel cell to work, it needs fuel, such as hydrogen gas, along with electrodes and catalysts, which help transfer the electrons. Electrons are transferred from an electron donor (such as hydrogen) to an electron acceptor (such as oxygen), resulting in current. In your cells, metal-containing enzymes -- your biological catalysts -- transfer electrons and generate energy for life.
In the team’s experiments, the fuel cell electrodes and catalysts are made of primitive geological material thought to have existed on early Earth. If this material can help transfer electrons, the researchers will observe an electrical current. By testing different types of materials, these fuel cell experiments allow the scientists to narrow in on the chemistry that might have taken place when life first arose on Earth.
"What we are proposing here is to simulate energetic processes, which could bridge the gap between the geological processes of the early Earth and the emergence of biological life on this planet," said Terry Kee from the University of Leeds, England, one of the co-authors of the research paper.
"We're going back in time to test specific minerals such as those containing iron and nickel, which would have been common on the early Earth and could have led to biological metabolism," said Barge.
The researchers also tested material from little lab-grown "chimneys," simulating the huge structures that grow from the hydrothermal vents that line ocean floors. These "chemical gardens" are possible locations for pre-life chemical reactions.
When the team used material from the lab-grown chimneys in the fuel cells, electrical currents were detected. Barge said that this is a preliminary test, showing that the hydrothermal chimneys formed on early Earth can transfer electrons – and therefore, may drive some of the first energetic reactions leading to metabolism.
The experiments also showed that the fuel cells can be used to test other materials from our ancient Earth. And if life did arise on other planets, those conditions can be tested, too.
"We can just swap in an ocean and minerals that might have existed on early Mars," said Barge. "Since fuel cells are modular -- meaning, you can easily replace pieces with other pieces -- we can use these techniques to investigate any planet’s potential to kick-start life."
At JPL, fuel cells are not only for the study of life, but are also being developed for long-term human space travel. Hydrogen fuel cells can produce water, which can be recycled and used as fuel again. Researchers are experimenting with these advanced regenerative fuel cells, which are highly efficient and offer long-lasting power.
Thomas I. Valdez, who is developing regenerative fuel cells at JPL, said, "I think it is great that we can transition techniques used to study reactions in fuel cells to areas such as astrobiology."
Other authors of the paper are: Ivria J. Doloboff, Chung-Kuang Lin, Richard D. Kidd and Isik Kanik of the JPL Icy Worlds team; Joshua M. P. Hampton of the University of Leeds School of Chemistry, Mohammed Ismail and Mohamed Pourkashanian at the University of Leeds Centre for Fluid Dynamics; John Zeytounian of the University of Southern California, Los Angeles; and Marc M. Baum and John A. Moss of the Oak Crest Institute of Science, Pasadena.
JPL is managed by the California Institute of Technology in Pasadena for NASA.
PEST CONTROLLER PLEADS GUILTY TO UNLAWFUL PESTICIDE APPLICATION IN A NURSING HOME
FROM: U.S. JUSTICE DEPARTMENT
Friday, March 14, 2014
Alabama Pest Control Company and Its Owner Plead Guilty to Unlawful Application of Pesticides at Georgia Nursing Homes
Steven A. Murray, 54, of Pelham, Ala., and his company, Bio-Tech Management Inc., pleaded guilty today in federal court in Macon, Ga., to charges of conspiracy, unlawful use of pesticides, false statements and mail fraud in connection with the misapplication of pesticides in Georgia nursing homes, announced Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
According to the plea agreement, from October 2005 to June 2009, Murray and Bio-Tech provided monthly pest control services to nursing homes in Georgia by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely applied the pesticide Termidor indoors, contrary to the manufacturer’s label instructions. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s misuse of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct an investigation.
“These defendants misapplied potentially harmful pesticides around senior citizens and conspired to obstruct and investigation by state and federal law enforcement,” said Acting Assistant Attorney General Dreher. “It is essential that companies and individuals who handle pesticides do so lawfully and honestly, and those that fail to do so will be held accountable under the law.”
“When our loved ones make the transition to a nursing home, the last thing any of us wants to worry about is whether our parents or grandparents are being subjected to improperly applied chemicals,” said U.S. Attorney Moore. “When Mr. Murray and his company used this pesticide like they did, they created a potentially harmful situation for the residents and another reason to worry for the residents’ families.”
“The defendants took advantage of some of our most vulnerable citizens by deliberately applying pesticides contrary to federal law in nursing homes around the state of Georgia,” said Maureen O'Mara, Special Agent in Charge of EPA's Criminal Enforcement Program in Georgia. “What is even more shameful is they then took steps to conceal it. This plea agreement shows that we will not tolerate individuals or companies who put profit over protection.”
Friday, March 14, 2014
Alabama Pest Control Company and Its Owner Plead Guilty to Unlawful Application of Pesticides at Georgia Nursing Homes
Steven A. Murray, 54, of Pelham, Ala., and his company, Bio-Tech Management Inc., pleaded guilty today in federal court in Macon, Ga., to charges of conspiracy, unlawful use of pesticides, false statements and mail fraud in connection with the misapplication of pesticides in Georgia nursing homes, announced Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
According to the plea agreement, from October 2005 to June 2009, Murray and Bio-Tech provided monthly pest control services to nursing homes in Georgia by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely applied the pesticide Termidor indoors, contrary to the manufacturer’s label instructions. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s misuse of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct an investigation.
“These defendants misapplied potentially harmful pesticides around senior citizens and conspired to obstruct and investigation by state and federal law enforcement,” said Acting Assistant Attorney General Dreher. “It is essential that companies and individuals who handle pesticides do so lawfully and honestly, and those that fail to do so will be held accountable under the law.”
“When our loved ones make the transition to a nursing home, the last thing any of us wants to worry about is whether our parents or grandparents are being subjected to improperly applied chemicals,” said U.S. Attorney Moore. “When Mr. Murray and his company used this pesticide like they did, they created a potentially harmful situation for the residents and another reason to worry for the residents’ families.”
“The defendants took advantage of some of our most vulnerable citizens by deliberately applying pesticides contrary to federal law in nursing homes around the state of Georgia,” said Maureen O'Mara, Special Agent in Charge of EPA's Criminal Enforcement Program in Georgia. “What is even more shameful is they then took steps to conceal it. This plea agreement shows that we will not tolerate individuals or companies who put profit over protection.”
Friday, March 14, 2014
FTC GOES UNDERCOVER TO INVESTIGATE FUNERAL RULE DISCLOSURE NON-COMPLIANCE
FROM: FEDERAL TRADE COMMISSION
FTC Undercover Inspections of Funeral Homes in Eight States Test Compliance with Funeral Rule Disclosure Requirements
FTC’s Funeral Rule Requires Funeral Homes to Provide Price Lists to Consumers
Investigators working undercover in eight states found that, in 32 of the 124 funeral homes they visited during 2013, the funeral homes failed to disclose pricing information to consumers as required by the Federal Trade Commission’s Funeral Rule.
The FTC conducts undercover inspections every year to make sure that funeral homes are complying with the agency’s Funeral Rule. The Rule, issued in 1984, gives consumers important rights when making funeral arrangements. Key provisions of the Rule require funeral homes to provide consumers with an itemized general price list at the start of an in-person discussion of funeral arrangements, as well as a casket price list before consumers view any caskets and an outer burial container price list before they view grave liners or vaults. The Rule also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service. By requiring itemized prices, the Funeral Rule enables consumers to compare prices and buy only the goods and services they want.
Funeral homes with price list disclosure violations can enter a training program designed to increase compliance with the Funeral Rule. The three-year program is known as the Funeral Rule Offenders Program (FROP), and is an alternative to an FTC lawsuit that could lead to a federal court order and civil penalties of up to $16,000 per violation. It is run by the National Funeral Directors Association and provides participants with a legal review of the price disclosures required by the Funeral Rule, and on-going training, testing and monitoring for compliance with the Rule. In addition, funeral homes that participate in the program make a voluntary payment to the U.S. Treasury in place of a civil penalty, and pay annual administrative fees to the Association.
The results of the FTC inspections for price list disclosures by region are as follows:
In Palm Springs, California, 1 of 8 funeral homes inspected failed to make a price list disclosure as required;
In Southern Connecticut and Northern New Jersey, 2 of 19 funeral homes inspected failed to make a price list disclosure as required;
In Monroe, Louisiana, 8 of 17 funeral homes inspected failed to make a price list disclosure as required.
In Baltimore, Maryland, 2 of 19 funeral homes inspected failed to make a price list disclosure as required.
In Dayton, Ohio, 5 of 15 funeral homes inspected failed to make a price list disclosure as required.
In Portland, Oregon, 2 of 14 funeral homes inspected failed to make a price list disclosure as required.
In Amarillo, Texas, 6 of 19 funeral homes inspected failed to make a price list disclosure as required.
In Milwaukee, Wisconsin, 4 of 18 funeral homes inspected failed to make a price list disclosure as required.
All but two of the funeral homes with price list disclosure violations have agreed to enter the NFDA’s FROP program. The names of homes that have entered FROP are not released under the terms of the FROP program, and the FTC does not identify businesses under investigation. In addition, the FTC identified a number of funeral homes within the eight states with only minor compliance deficiencies. In such cases, the FTC contacts the funeral home and requires it to provide evidence that it has corrected the problems. Since the FROP program began in 1996, the FTC has inspected over 2,800 funeral homes, 459 of which have agreed to enter the FROP program.
The FTC educates consumers in English and Spanish about their rights under the Funeral Rule, and provides guidance to businesses in how to comply. For more information read or order Paying Final Respects: Your Rights When Buying Funeral Goods & Services, Shopping for Funeral Services and Complying with the Funeral Rule.
FTC Undercover Inspections of Funeral Homes in Eight States Test Compliance with Funeral Rule Disclosure Requirements
FTC’s Funeral Rule Requires Funeral Homes to Provide Price Lists to Consumers
Investigators working undercover in eight states found that, in 32 of the 124 funeral homes they visited during 2013, the funeral homes failed to disclose pricing information to consumers as required by the Federal Trade Commission’s Funeral Rule.
The FTC conducts undercover inspections every year to make sure that funeral homes are complying with the agency’s Funeral Rule. The Rule, issued in 1984, gives consumers important rights when making funeral arrangements. Key provisions of the Rule require funeral homes to provide consumers with an itemized general price list at the start of an in-person discussion of funeral arrangements, as well as a casket price list before consumers view any caskets and an outer burial container price list before they view grave liners or vaults. The Rule also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service. By requiring itemized prices, the Funeral Rule enables consumers to compare prices and buy only the goods and services they want.
Funeral homes with price list disclosure violations can enter a training program designed to increase compliance with the Funeral Rule. The three-year program is known as the Funeral Rule Offenders Program (FROP), and is an alternative to an FTC lawsuit that could lead to a federal court order and civil penalties of up to $16,000 per violation. It is run by the National Funeral Directors Association and provides participants with a legal review of the price disclosures required by the Funeral Rule, and on-going training, testing and monitoring for compliance with the Rule. In addition, funeral homes that participate in the program make a voluntary payment to the U.S. Treasury in place of a civil penalty, and pay annual administrative fees to the Association.
The results of the FTC inspections for price list disclosures by region are as follows:
In Palm Springs, California, 1 of 8 funeral homes inspected failed to make a price list disclosure as required;
In Southern Connecticut and Northern New Jersey, 2 of 19 funeral homes inspected failed to make a price list disclosure as required;
In Monroe, Louisiana, 8 of 17 funeral homes inspected failed to make a price list disclosure as required.
In Baltimore, Maryland, 2 of 19 funeral homes inspected failed to make a price list disclosure as required.
In Dayton, Ohio, 5 of 15 funeral homes inspected failed to make a price list disclosure as required.
In Portland, Oregon, 2 of 14 funeral homes inspected failed to make a price list disclosure as required.
In Amarillo, Texas, 6 of 19 funeral homes inspected failed to make a price list disclosure as required.
In Milwaukee, Wisconsin, 4 of 18 funeral homes inspected failed to make a price list disclosure as required.
All but two of the funeral homes with price list disclosure violations have agreed to enter the NFDA’s FROP program. The names of homes that have entered FROP are not released under the terms of the FROP program, and the FTC does not identify businesses under investigation. In addition, the FTC identified a number of funeral homes within the eight states with only minor compliance deficiencies. In such cases, the FTC contacts the funeral home and requires it to provide evidence that it has corrected the problems. Since the FROP program began in 1996, the FTC has inspected over 2,800 funeral homes, 459 of which have agreed to enter the FROP program.
The FTC educates consumers in English and Spanish about their rights under the Funeral Rule, and provides guidance to businesses in how to comply. For more information read or order Paying Final Respects: Your Rights When Buying Funeral Goods & Services, Shopping for Funeral Services and Complying with the Funeral Rule.
IRS SAYS HOME COMPUTER TAX FILINGS UP IN 2014
FROM: INTERNAL REVENUE SERVICE
More Taxpayers Filing from Home Computers in 2014, Many Taxpayers Eligible to Use Free File
WASHINGTON — More than 27 million taxpayers have filed their tax returns from home computers so far this year, an increase of almost 6 percent compared to last year.
These 27 million taxpayers used a variety of software products to prepare and e-file their own returns. However, the IRS reminds people that they can prepare and e-file their federal tax returns online for free through Free File at IRS.gov. Free File has an option for almost everyone, either through brand-name software or online fillable forms.
The Free File program is a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of 14 leading tax software providers who make their products available exclusively at www.irs.gov/freefile. All Free File members meet security requirements and use the latest in encryption technology to protect taxpayer information.
Seventy percent of taxpayers are eligible for easy-to-use Free File software because their income was $58,000 or less in 2013. People who made more than $58,000 and who are comfortable preparing their own returns can use Free File Fillable Forms, the electronic version of IRS paper forms.
Each Free File software provider sets its own criteria for eligibility, generally based on income, age, state residency or military service. However, taxpayers can quickly find a match by using the “help me find Free File software” tool. Or, taxpayers can review all providers and their offers. Some software providers also offer state tax software and display on their landing pages whether it is free or if there is a fee.
Free File Fillable Forms is more basic, similar to completing a paper Form 1040. The program performs some math calculations and provides links to some IRS publications. It also can be filed electronically for free. However, it does not support any state tax returns.
The total number of individual income tax returns e-filed so far this year is 62.2 million. E-file includes both returns filed from home computers and returns e-filed by professional tax return preparers.
More Taxpayers Filing from Home Computers in 2014, Many Taxpayers Eligible to Use Free File
WASHINGTON — More than 27 million taxpayers have filed their tax returns from home computers so far this year, an increase of almost 6 percent compared to last year.
These 27 million taxpayers used a variety of software products to prepare and e-file their own returns. However, the IRS reminds people that they can prepare and e-file their federal tax returns online for free through Free File at IRS.gov. Free File has an option for almost everyone, either through brand-name software or online fillable forms.
The Free File program is a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of 14 leading tax software providers who make their products available exclusively at www.irs.gov/freefile. All Free File members meet security requirements and use the latest in encryption technology to protect taxpayer information.
Seventy percent of taxpayers are eligible for easy-to-use Free File software because their income was $58,000 or less in 2013. People who made more than $58,000 and who are comfortable preparing their own returns can use Free File Fillable Forms, the electronic version of IRS paper forms.
Each Free File software provider sets its own criteria for eligibility, generally based on income, age, state residency or military service. However, taxpayers can quickly find a match by using the “help me find Free File software” tool. Or, taxpayers can review all providers and their offers. Some software providers also offer state tax software and display on their landing pages whether it is free or if there is a fee.
Free File Fillable Forms is more basic, similar to completing a paper Form 1040. The program performs some math calculations and provides links to some IRS publications. It also can be filed electronically for free. However, it does not support any state tax returns.
The total number of individual income tax returns e-filed so far this year is 62.2 million. E-file includes both returns filed from home computers and returns e-filed by professional tax return preparers.
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING MARCH 1, 2014
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT
SEASONALLY ADJUSTED DATA
In the week ending March 8, the advance figure for seasonally adjusted initial claims was 315,000, a decrease of 9,000 from the previous week's revised figure of 324,000. The 4-week moving average was 330,500, a decrease of 6,250 from the previous week's revised average of 336,750.
In the week ending March 8, the advance figure for seasonally adjusted initial claims was 315,000, a decrease of 9,000 from the previous week's revised figure of 324,000. The 4-week moving average was 330,500, a decrease of 6,250 from the previous week's revised average of 336,750.
The advance seasonally adjusted insured unemployment rate was 2.2 percent for the week ending March 1, unchanged from the prior week's unrevised rate. The advance number for seasonally adjustedinsured unemployment during the week ending March 1 was 2,855,000, a decrease of 48,000 from the preceding week's revised level of 2,903,000. The 4-week moving average was 2,915,750, a decrease of 19,500 from the preceding week's revised average of 2,935,250.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 302,218 in the week ending March 8, a decrease of 15,614 from the previous week. There were 317,526 initial claims in the comparable week in 2013.
The advance unadjusted insured unemployment rate was 2.5 percent during the week ending March 1, a decrease of 0.1 percentage point from the prior week. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,285,703, a decrease of 90,028 from the preceding week. A year earlier, the rate was 2.7 percent and the volume was 3,501,920.
The total number of people claiming benefits in all programs for the week ending February 22 was 3,450,757, an increase of 12,282 from the previous week. There were 5,619,860 persons claiming benefits in all programs in the comparable week in 2013.
No state was triggered "on" the Extended Benefits program during the week ending February 22.
Initial claims for UI benefits filed by former Federal civilian employees totaled 1,159 in the week ending March 1, an increase of 147 from the prior week. There were 1,909 initial claims filed by newly discharged veterans, an increase of 157 from the preceding week.
There were 20,812 former Federal civilian employees claiming UI benefits for the week ending February 22, an increase of 401 from the previous week. Newly discharged veterans claiming benefits totaled 29,475, an increase of 670 from the prior week.
The highest insured unemployment rates in the week ending February 22 were in Alaska (5.9), Rhode Island (4.4), New Jersey (4.3), Connecticut (4.1), Pennsylvania (3.8), California (3.7), Illinois (3.7), Massachusetts (3.6), Montana (3.6), and Wisconsin (3.5).
The largest increases in initial claims for the week ending March 1 were in New York (+18,709), Florida (1,940), Illinois (+1,789), Texas (+1,245), and New Hampshire (+849), while the largest decreases were in California (-5,765), Georgia (-5,437), Massachusetts (-3,770), Pennsylvania (-2,086), and South Carolina (-2,006).
READOUT: VICE PRESIDENT BIDEN'S MEETING WITH TRADE ASSOCIATION LEADERS
FROM: THE WHITE HOUSE
Readout of the Vice President’s Meeting with Trade Association Leaders on Job-Driven Training
Vice President Biden dropped by a meeting with trade association leaders this afternoon to discuss workforce development and job-driven training. The Vice President highlighted the importance of working together to give America’s workers opportunities to acquire skills they need to pursue in-demand jobs and careers. The Vice President called on industry associations to take action to expand programs that have proven successful in training workers, and encouraged the participants to bring together trade associations and community colleges to shape training programs that equip workers with high-demand skills. Participants also discussed efforts like the new Ready to Work Partnership grant competition and the upcoming Community College Training grants which can help support some of these partnerships.
In his State of the Union address, President Obama tasked the Vice President with leading an across-the-board reform of America’s training programs to ensure they train Americans with the skills employers need that match with good jobs. To this end, the Vice President is working with organizations, federal agencies, and others to make the workforce and training system more job-driven, integrated, and effective.
Readout of the Vice President’s Meeting with Trade Association Leaders on Job-Driven Training
Vice President Biden dropped by a meeting with trade association leaders this afternoon to discuss workforce development and job-driven training. The Vice President highlighted the importance of working together to give America’s workers opportunities to acquire skills they need to pursue in-demand jobs and careers. The Vice President called on industry associations to take action to expand programs that have proven successful in training workers, and encouraged the participants to bring together trade associations and community colleges to shape training programs that equip workers with high-demand skills. Participants also discussed efforts like the new Ready to Work Partnership grant competition and the upcoming Community College Training grants which can help support some of these partnerships.
In his State of the Union address, President Obama tasked the Vice President with leading an across-the-board reform of America’s training programs to ensure they train Americans with the skills employers need that match with good jobs. To this end, the Vice President is working with organizations, federal agencies, and others to make the workforce and training system more job-driven, integrated, and effective.
FACT: U.S. SUPPORT FOR NORTHERN IRELAND
FROM: THE WHITE HOUSE
FACT SHEET: U.S. Support for Peace and Prosperity in Northern Ireland
For decades, the United States has supported the efforts of the people and leaders of Northern Ireland to realize a prosperous, lasting peace.
Promoting Peace and Prosperity
The United States has always stood with the people of Northern Ireland and will continue to do so as they continue to build a strong society, vibrant economy, and enduring peace. We remain fully committed to promoting a lasting peace, advancing prosperity for all, and supporting Northern Ireland’s institutions. The United States is proud of all that Northern Ireland has achieved, including the 1998 Good Friday Agreement and 2007 St. Andrews Agreement. We encourage the political parties of Northern Ireland to renew their efforts on the all-party talks to tackle sensitive issues such as parades, flags/symbols, and matters dealing with the past.
Collaborating on Conflict Resolution and Reconciliation
From 1986 to 2014, the United States has provided over $500 million in assistance through the International Fund for Ireland (IFI) to promote economic and social development in areas of Northern Ireland and the border counties of Ireland most affected by the conflict. This assistance has supported a wide variety of youth, economic, and community development programs. One hundred twenty-seven community organizations have completed the IFI-funded Community Leadership Program for training community groups and organizations. Women of Northern Ireland have a particularly important role to play in promoting peace and developing local economies, and IFI funding also works to empower them. This year the IFI’s Peace Impact Program provided young women in the greater Londonderry/Derry area of Northern Ireland training in employable skills and conflict resolution.
The U.S. Consulate in Belfast also implements an active outreach and engagement program. Each year, a range of U.S. speakers disseminates best practices and exchanges ideas about civic engagement, urban regeneration, community cohesion, and marginalizing extremism. A key component of the Consulate’s outreach, the Danesfort Dialogues, facilitates a series of constructive formal discussions among key civil society members on important local issues. Through a series of small grants, the Consulate assists local organizations deliver positive change to their communities through sports diplomacy, youth entrepreneurship, and democratic engagement.
Partnering for Economic Growth and Innovation
The United States is an important economic partner for Northern Ireland. To promote economic opportunity, we support U.S. investment, and we have encouraged innovators and entrepreneurs as they translate their ideas into businesses. Over the last 15 years, U.S. individuals and companies have invested over $2 billion in foreign direct investment (FDI) in Northern Ireland. In the past six years alone, more than 50 U.S. investments worth more than $1 billion have created thousands of new jobs in Northern Ireland. At the October 2013 Northern Ireland investment conference following the G-8 Summit in Lough Erne, 44 U.S. companies’ representatives travelled to Belfast to build the investment linkages needed to create jobs for Americans and the people of Northern Ireland.
Through the U.S.-Ireland Research and Development Partnership, we also engage in scientific research together, which drives economic development. The partnership encourages collaboration among scientists from the United States, Ireland, and Northern Ireland in five priority areas: health, sensor technology, nanotechnology, telecommunications, and energy and sustainability. This project accelerates commercialization of innovations by fostering private sector coordination with the research teams.
The United States continues to increase investment linkages and partnerships that promote educational, professional, and entrepreneurial opportunities for Northern Ireland’s young people. The State Department’s Special Representative for Global Partnerships Andrew O’Brien led a delegation of U.S. investors, entrepreneurs, philanthropists, members of the Irish diaspora, and representatives from academia and civil society to Limerick, Ireland and Belfast, Northern Ireland January 28-31. The Belfast visit developed cross-sectoral partnership opportunities to boost science, technology, environment, and mathematics education, promote entrepreneurship, and promote economic growth.
Encouraging Northern Ireland’s Young Leaders
Hundreds of students and scholars from the United States and Northern Ireland have participated in the Fulbright Program. U.S. scholars have benefitted from the Fulbright-Northern Ireland Governance and Public Policy Award and the Northern Ireland Assembly Award, and senior public sector employees from Northern Ireland have benefitted from the Fulbright Northern Ireland Public Sector Award. In addition, hundreds of Northern Ireland civil society leaders, including legislators, artists, and activists, have participated in U.S. government-funded professional exchange programs. Thanks to the goodwill of 140 U.S. academic institutions, which waived $40 million in tuition costs over the past 20 years, 1,800 Northern Ireland students have benefited from an academic year abroad in the United States.
This year, the U.S. Department of State awarded a $665,000 grant to the Irish Institute at Boston College for a professional exchange on the rule of law for some 20 governance professionals from Northern Ireland and Ireland and approximately eight U.S. participants. Through individually tailored, four-week fellowships in advocacy organizations, legal think tanks, law firms, and court offices in the Boston area, followed by a week in Washington, D.C., fellows will have direct exposure to U.S. government policy-making and civil society advocacy. Working with counterparts, the eight U.S. fellows will then spend two weeks in Ireland and Northern Ireland to implement reciprocal projects. The participants from Ireland and Northern Ireland will return to Washington, D.C., in June and again in November for a networking event for 200 exchange participants from more than 40 countries.
The Department of State’s “Collaboratory” brought educational technology specialists from Northern Ireland and Ireland on an exchange to the United States in January and will connect them virtually with disadvantaged youth throughout Ireland and peers from Africa. They will collaborate on ideas to develop their ideal educational systems and help create their own futures, while extending their horizons with engagement with young people in Africa.
FACT SHEET: U.S. Support for Peace and Prosperity in Northern Ireland
For decades, the United States has supported the efforts of the people and leaders of Northern Ireland to realize a prosperous, lasting peace.
Promoting Peace and Prosperity
The United States has always stood with the people of Northern Ireland and will continue to do so as they continue to build a strong society, vibrant economy, and enduring peace. We remain fully committed to promoting a lasting peace, advancing prosperity for all, and supporting Northern Ireland’s institutions. The United States is proud of all that Northern Ireland has achieved, including the 1998 Good Friday Agreement and 2007 St. Andrews Agreement. We encourage the political parties of Northern Ireland to renew their efforts on the all-party talks to tackle sensitive issues such as parades, flags/symbols, and matters dealing with the past.
Collaborating on Conflict Resolution and Reconciliation
From 1986 to 2014, the United States has provided over $500 million in assistance through the International Fund for Ireland (IFI) to promote economic and social development in areas of Northern Ireland and the border counties of Ireland most affected by the conflict. This assistance has supported a wide variety of youth, economic, and community development programs. One hundred twenty-seven community organizations have completed the IFI-funded Community Leadership Program for training community groups and organizations. Women of Northern Ireland have a particularly important role to play in promoting peace and developing local economies, and IFI funding also works to empower them. This year the IFI’s Peace Impact Program provided young women in the greater Londonderry/Derry area of Northern Ireland training in employable skills and conflict resolution.
The U.S. Consulate in Belfast also implements an active outreach and engagement program. Each year, a range of U.S. speakers disseminates best practices and exchanges ideas about civic engagement, urban regeneration, community cohesion, and marginalizing extremism. A key component of the Consulate’s outreach, the Danesfort Dialogues, facilitates a series of constructive formal discussions among key civil society members on important local issues. Through a series of small grants, the Consulate assists local organizations deliver positive change to their communities through sports diplomacy, youth entrepreneurship, and democratic engagement.
Partnering for Economic Growth and Innovation
The United States is an important economic partner for Northern Ireland. To promote economic opportunity, we support U.S. investment, and we have encouraged innovators and entrepreneurs as they translate their ideas into businesses. Over the last 15 years, U.S. individuals and companies have invested over $2 billion in foreign direct investment (FDI) in Northern Ireland. In the past six years alone, more than 50 U.S. investments worth more than $1 billion have created thousands of new jobs in Northern Ireland. At the October 2013 Northern Ireland investment conference following the G-8 Summit in Lough Erne, 44 U.S. companies’ representatives travelled to Belfast to build the investment linkages needed to create jobs for Americans and the people of Northern Ireland.
Through the U.S.-Ireland Research and Development Partnership, we also engage in scientific research together, which drives economic development. The partnership encourages collaboration among scientists from the United States, Ireland, and Northern Ireland in five priority areas: health, sensor technology, nanotechnology, telecommunications, and energy and sustainability. This project accelerates commercialization of innovations by fostering private sector coordination with the research teams.
The United States continues to increase investment linkages and partnerships that promote educational, professional, and entrepreneurial opportunities for Northern Ireland’s young people. The State Department’s Special Representative for Global Partnerships Andrew O’Brien led a delegation of U.S. investors, entrepreneurs, philanthropists, members of the Irish diaspora, and representatives from academia and civil society to Limerick, Ireland and Belfast, Northern Ireland January 28-31. The Belfast visit developed cross-sectoral partnership opportunities to boost science, technology, environment, and mathematics education, promote entrepreneurship, and promote economic growth.
Encouraging Northern Ireland’s Young Leaders
Hundreds of students and scholars from the United States and Northern Ireland have participated in the Fulbright Program. U.S. scholars have benefitted from the Fulbright-Northern Ireland Governance and Public Policy Award and the Northern Ireland Assembly Award, and senior public sector employees from Northern Ireland have benefitted from the Fulbright Northern Ireland Public Sector Award. In addition, hundreds of Northern Ireland civil society leaders, including legislators, artists, and activists, have participated in U.S. government-funded professional exchange programs. Thanks to the goodwill of 140 U.S. academic institutions, which waived $40 million in tuition costs over the past 20 years, 1,800 Northern Ireland students have benefited from an academic year abroad in the United States.
This year, the U.S. Department of State awarded a $665,000 grant to the Irish Institute at Boston College for a professional exchange on the rule of law for some 20 governance professionals from Northern Ireland and Ireland and approximately eight U.S. participants. Through individually tailored, four-week fellowships in advocacy organizations, legal think tanks, law firms, and court offices in the Boston area, followed by a week in Washington, D.C., fellows will have direct exposure to U.S. government policy-making and civil society advocacy. Working with counterparts, the eight U.S. fellows will then spend two weeks in Ireland and Northern Ireland to implement reciprocal projects. The participants from Ireland and Northern Ireland will return to Washington, D.C., in June and again in November for a networking event for 200 exchange participants from more than 40 countries.
The Department of State’s “Collaboratory” brought educational technology specialists from Northern Ireland and Ireland on an exchange to the United States in January and will connect them virtually with disadvantaged youth throughout Ireland and peers from Africa. They will collaborate on ideas to develop their ideal educational systems and help create their own futures, while extending their horizons with engagement with young people in Africa.
PRESIDENT OBAMA AND IRISH PRIME MINISTER KENNY MAKE REMARKS AFTER MEETING
FROM: THE WHITE HOUSE
Remarks by President Obama and Prime Minister Kenny of Ireland after Bilateral Meeting
Oval Office
11:15 A.M. EDT
PRESIDENT OBAMA: Well, it is wonderful to have Taoiseach Kenny back here in the Oval Office. This is one of my favorite times of year because I'm able to join with our friends from Ireland to celebrate the incredible bond that exists between our two countries. I think it's fair to say that there are very few countries around the world where the people-to-people ties are so strong.
And in addition to sharing values and sharing a commitment to democracy, we also share these family ties that go back generations. And I want to once again thank the people of Ireland for the incredible hospitality that they showed me and Michelle and the girls each time that we've had an opportunity to visit Ireland.
I started the meeting today congratulating Taoiseach Kenny on the economic progress that's been made over the last several years in Ireland. Obviously Ireland was hit hard by the financial crisis and problems with its banking system. It required some very tough decisions that Taoiseach Kenny was willing to take. But what we've now seen is Ireland emerge from its assistance program in a much stronger position on the global stage and in global markets. And as a consequence, I think it's really well positioned to start building for the future and attracting businesses with a highly skilled and well-educated workforce.
And there is tremendous investment by U.S. companies in Ireland. There’s tremendous investment here in the United States by Irish companies. We're an example of the mutually beneficial trade that can take place across the Atlantic. And that's why we appreciate Taoiseach Kenny being a strong leader as we move forward on the Transatlantic trade agreement that is currently being negotiated between the United States and the EU.
We had an opportunity to discuss a range of global affairs. Obviously on our minds right now is the situation in Ukraine. Ireland has been a strong voice in the European Council for the need to send a clear message of support for Ukrainian democracy and self-determination, and a strong message to Russia that it should not violate the integrity and the sovereignty of its neighbor. We continue to hope that there’s a diplomatic solution to be found, but the United States and Europe stand united not only in its message about Ukrainian sovereignty but also that there will be consequences if, in fact, that sovereignty continues to be violated.
We had an opportunity to discuss the fact that Ireland does tremendous work around the world on a whole range of issues. It punches above its weight when it comes to humanitarian efforts. We very much appreciate that.
Closer to home, we both share an interest in seeing Northern Ireland continue to take the next steps that are necessary to finally bring an end to what so often has been a tragic history. I was disappointed, the U.S. government was disappointed that the All-Party Talks did not arrive at a final conclusion and agreement. But we're urging the parties to continue to work and negotiate. And I know that the good influence coming from Dublin will help to encourage that to move out of the past and get the kind of history that -- or the kind of future that Northern Ireland so richly deserves.
So I greatly appreciate, Taoiseach, your visit. We look forward to a good lunch and I suspect some good Irish music. And we will have a wonderful St. Patrick’s Day reception this afternoon. The Taoiseach, I understand, has brought his children here this time, so they’ll be able to celebrate alongside us. And to you and your delegation, thank you again for your friendship and support.
PRIME MINISTER KENNY: Let me just say it's a privilege to be here in the Oval Office with the President to continue these traditions and discussions that we've had between our two countries. I might say that on this occasion we did not have to have a detailed discussion about Ireland’s economy. I was able to report to the President the progress our country has made in the last couple years.
The President spoke about the issues that we did discuss. In addition to that, we also discussed the question of immigration reform, which is an issue for Ireland and for many other countries, and we hope to pursue those discussions down at the Capitol building later on with a number of other representatives.
So it's a privilege to be here. It’s a great occasion for us. And I've given the President a review of the attitude and the happenings at the European Council meeting, particularly in relation to the situation in Ukraine. And we hope that the entirety of message and strength of feeling can prevent very difficult circumstances arising there.
I explained to him the European Council meeting presentation by the Ukrainian President, the discussion with the EPP Congress with Prime Minister Cameron in Downing Street earlier this week and our hopes that this matter can be resolved.
So, again, my privilege to be here on behalf of the Irish people to wish the President, the First Lady and his family every success in their onerous responsibilities with so many places around the world requiring the assistance of the United States.
PRESIDENT OBAMA: Thank you.
Thank you, everybody.
Q Will Vice President Biden come to Ireland?
PRESIDENT OBAMA: You know, Biden wants to come to Ireland -- he lobbies me every week to go to Ireland. So I guarantee you he'll get there. He'll get there.
Thank you, everybody.
Q Will you come back to join us again?
PRESIDENT OBAMA: Oh, I'd love -- tell everybody in Moneygall I said hi.
END
11:22 A.M. EDT
11:22 A.M. EDT
SECRETARY KERRY'S REMARKS ON NINTH ANNIVERSARY OF LEBANON'S CEDAR REVOLUTION
FROM: U.S. STATE DEPARTMENT
Ninth Anniversary of the Cedar Revolution
John Kerry
Secretary of State
Secretary of State
Washington, DC
March 14, 2014
Today, the ninth anniversary of the Cedar Revolution, we remember the Lebanese people who took to the streets in mass demonstrations to demand sovereignty, freedom and true democracy for Lebanon. This peaceful revolution closed a long chapter of foreign domination of Lebanese politics and brought a new beginning to the people of Lebanon, as they sought accountability for the assassination of former Prime Minister Rafik Hariri and many others.
The work of the Cedar Revolution is not finished, and in the past nine years, new challenges have emerged that threaten Lebanon’s stability. We stand with the people of Lebanon as they continue to reject violence, extremism, and entanglement in foreign conflicts. We call on all parties to respect United Nations Security Council Resolution 1701 and Lebanon’s key political agreements, including the Taif Accord and the Baabda Declaration, which reinforce the strength, sovereignty, and independence of the Lebanese state.
The United States will continue to provide tangible economic and military support for Lebanon’s sovereignty and stability, including its assistance to the Lebanese Armed Forces and the Internal Security Forces. In the spirit of all those who peacefully assembled on March 14 nine years ago to insist on respect for Lebanon’s democratic traditions, we also look to Lebanon to hold this year’s presidential and parliamentary elections on time and in accordance with the Lebanese constitution.
The work of the Cedar Revolution is not finished, and in the past nine years, new challenges have emerged that threaten Lebanon’s stability. We stand with the people of Lebanon as they continue to reject violence, extremism, and entanglement in foreign conflicts. We call on all parties to respect United Nations Security Council Resolution 1701 and Lebanon’s key political agreements, including the Taif Accord and the Baabda Declaration, which reinforce the strength, sovereignty, and independence of the Lebanese state.
The United States will continue to provide tangible economic and military support for Lebanon’s sovereignty and stability, including its assistance to the Lebanese Armed Forces and the Internal Security Forces. In the spirit of all those who peacefully assembled on March 14 nine years ago to insist on respect for Lebanon’s democratic traditions, we also look to Lebanon to hold this year’s presidential and parliamentary elections on time and in accordance with the Lebanese constitution.
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