Wednesday, June 11, 2014

SEC ISSUES INVESTOR ALERT REGARDING FINANCIAL PROFESSIONALS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION

The SEC’s Office of Investor Education and Advocacy is issuing this Investor Alert to help investors identify and be aware of financial professionals that may have a history of misconduct.

Potential Red Flags for Financial Professionals

The SEC oversees key participants in the securities industry, including broker-dealers and investment advisers.  The SEC and other regulators may bring enforcement actions against financial professionals for misconduct in connection with their securities related activities.  Some financial professionals may also have a history of customer complaints or other indications of possible bad behavior.

Investors should be cautious of financial professionals with a history of misconduct.  Red flags may include:

Disciplinary actions by a government regulator, such as the SEC or a state securities regulator, or by a self-regulatory organization, such as FINRA;
A history of customer complaints;
Lawsuits or arbitration claims brought by customers;
Employment with one or more firms that have been expelled from the securities industry.

Check the Financial Professional’s Background

Even if a close friend or family member recommends a financial professional, you should still check out that person for signs of potential problems.  Before becoming a customer, take the time to look at the registration status and background of any firm or financial professional you are considering.

Anyone registered to sell securities or provide investment advice generally must disclose certain customer complaints, lawsuits and arbitrations, regulatory actions, employment terminations, bankruptcy filings, and certain other criminal or civil legal proceedings.  You should also be able to find out whether the individual is currently registered or licensed, or has been suspended, as well as the individual’s qualifications and employment history.  These records are available through the SEC, FINRA, and/or state securities regulators.

           FINRA’s BrokerCheck Program

For an individual broker or a brokerage firm, background information is available through FINRA’s BrokerCheck report.  BrokerCheck reports are free and investment professionals or firms are not made aware of any search conducted.

A FINRA BrokerCheck report for an individual includes a listing of the broker’s registrations or licenses, industry exams that the broker has passed, and information on a broker’s previous employment, customer disputes, and regulatory or disciplinary events.  A FINRA BrokerCheck report for a firm includes, among other things, the firm’s history (including any mergers, acquisitions or name changes), a listing of the firm’s active licenses and registrations, arbitration awards against the firm, and regulatory or disciplinary events.

As noted above, a potential red flag for financial professional misconduct is previous employment at one or more firms that have been expelled from the securities industry.  To determine whether this red flag applies to an individual broker, review the BrokerCheck report for the individual broker and review the firms listed under the “Registration History” section.  Then, run a separate BrokerCheck report for each of those firms listed.

A BrokerCheck report may be obtained from FINRA in any of the following ways:
Submitting a request to FINRA via U.S. mail or fax.  The BrokerCheck mailing address and fax number are:
      FINRA BrokerCheck
      P.O. Box 9495
      Gaithersburg, MD 20898-9495
      Fax: (240) 386-4750

            Investment Adviser Public Disclosure (IAPD) Website

Certain firms or financial professionals, such as money managers, investment consultants, and financial planners may be required to register with the SEC or your state’s securities regulator as investment advisers.

For state-registered investment advisers or their representatives, background information such as a description of the adviser’s business practices, fees, conflicts of interest, and disciplinary history, is generally available from your state securities regulator. You may find information on how to contact your state securities regulator in the “State Securities Regulators” section of this investor alert.

            State Securities Regulators

State securities regulators also have background information on brokers and state-registered investment advisers. Notably, state securities regulators may, in certain instances, provide information in addition to what may be found in a FINRA BrokerCheck report or on the SEC’s IAPD website.

            Professional Titles

Some financial professionals also may have professional titles, such as Certified Financial Planner (CFP®) or Chartered Financial Analyst (CFA®).  The requirements for obtaining and using professional titles vary widely.  To use certain titles, a financial professional may need to pass exams, meet ethical standards, have relevant work experience, and undertake continuing education.  Other titles, however, may be obtained with little time, effort, and experience.  Keep in mind that a professional title is not the same as a license or registration granted by federal or state regulatory authorities.


The SEC does not endorse any financial professional titles, and you are strongly encouraged to look beyond a financial professional’s title when determining whether he or she can provide the type of financial services or products you need.

AG HOLDER'S REMARKS AT LAMDA LEGAL RECEPTION

FROM:  U.S. JUSTICE DEPARTMENT
Attorney General Eric Holder Delivers Remarks at the 14th Annual Lambda Legal Reception
~ Tuesday, June 10, 2014

Thank you, Patrick [Menasco] and Sandy [Chamblee], for those kind words; for your friendship over the years; and for your tireless work in leading the legal profession towards greater diversity and inclusion.  It’s a pleasure to share the stage with you this evening. And it’s a great privilege to join dedicated leaders like Executive Director Kevin Cathcart – and trailblazers like my friend Paul Smith – in celebrating Lambda Legal’s remarkable record of achievement; in reflecting on the work that remains before us; and in reaffirming our commitment to build the more just and more equal society that everyone in this country deserves.

I’d like to thank the co-chairs of this event, Karen Dixon and Patrick Menasco, for making this celebration possible – and for the profound and historic role that you, your colleagues, and so many other advocates and citizens have played in advancing the fight for civil rights and LGBT equality.

Since this organization’s inception, more than 40 years ago – during a period of unrelenting discrimination, harassment, and prejudice; in an era marked by hostility, fear, and isolation; and in the wake of Stonewall – leading members of our nation’s legal community have had the courage to resist oppression, to stand up against injustice, and to come out for the rights that belong to all Americans.  For decades, their courage has helped to empower brave men and women from all backgrounds and walks of life – including current members of Lambda Legal – to turn a nascent, tumultuous awakening among the lesbian, gay, bisexual, and transgender community into a unified movement for dignity, for freedom, and for equality.

Today – alongside millions of pioneers, partners, and allies – you’re continuing to fight for the core ideals that have defined this nation since its earliest days.  And you’re helping this country to realize the promises first codified in our founding documents: the notion that all are created equal; the principle that all are entitled to the same protections;  and the fundamental truth that everyone among us possesses the right to life, liberty, and the pursuit of happiness – no matter who they are or who they love.

Over the years – from our courthouses to our schools; from our health care centers to our homes; from our workplaces to our criminal justice system – thanks to Lambda Legal and many other groups, there’s no question that we’ve seen transformational, groundbreaking progress.  Today, this progress is woven into the lives of countless Americans – in critical actions taken to support LGBT individuals and assist people with HIV; in landmark Supreme Court decisions and vital changes to federal and state law; and in the legacy of once-unimaginable change that now stands as a testament to the power of collective action – and a challenge to successive generations.

This ongoing work belongs to the proudest traditions of leadership and advocacy that this country has ever known – from abolitionists and suffragettes, to freedom riders, civil rights attorneys, and activists who, throughout history, have refused to accept an unjust status quo.  Through the actions of all who have devoted – and in too many cases given – their lives for the dignity and equality of every person.  We have extended the American Dream to include women, people of color, young people, Americans with disabilities, and so many others. Today – 45 long years after Stonewall – we can finally envision a day when the sun will rise on an America that sees LGBT individuals as full and equal citizens.

But that day has not yet arrived.  I firmly believe that the struggle to make it a reality constitutes a defining civil rights challenge of our time.  And that’s why President Obama and I are committed to standing shoulder-to-shoulder with everyone who has the courage to reach for the values of equality and opportunity.

We come together tonight at an important juncture – in a moment defined by challenge, consequence, and great opportunity.  Remarkable achievements stretch behind us.  Important, life-changing work lies ahead.  And I want the American people to know that this Administration – and this Department of Justice and this Attorney General – will never be content to be bystanders to the march of history.  We will march, we will fight, and we will work alongside you to help shape it.

In just the last five years, we’ve seen significant progress.  With the adoption of the landmark Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which President Obama signed into law in 2009, we strengthened our ability to achieve justice on behalf of those who are victimized simply because of their race, religion, color, or national origin – and, for the first time ever, their disability, gender, gender identity, or sexual orientation.  With new transgender cultural competency training for law enforcement officers, we’re helping local authorities improve their interactions with transgender people.  With the repeal of “Don’t Ask, Don’t Tell” in 2010 – an achievement that Lambda Legal helped make possible – we reaffirmed that love of country, not love of another, determines one’s fitness to serve.  And we ensured that, here at home and around the world, brave lesbian, gay, and bisexual Americans can serve proudly, honestly, and openly – without fear of being discharged for who they are.

More recently, with the signing of the newly-reauthorized Violence Against Women Act, we codified into law robust new provisions to ensure that LGBT survivors of domestic abuse can access the same services as other survivors of partner violence.  And with last year’s historic Supreme Court decision in the case of United States v. Windsor – a watershed moment for all who believe in equal protection under law – we helped bring about a major advancement in the cause of justice and a resounding victory for committed and loving couples from coast to coast.

The Windsor decision marked the culmination of a lengthy court battle, supported by your litigation efforts and your work to educate society about LGBT individuals and families.  The impact of this singular ruling already has been, and will continue to be, both dramatic and far-reaching.  But it does not signify the end of our legal fight – a fight that began long before the President and I decided, in early 2011, that Justice Department lawyers would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act.  Rather, Windsor marked the beginning of a new chapter.

After all, as we speak – fully 60 years after the Supreme Court’s decision in Brown v. Board of Education – the LGBT community is still waiting for its own unequivocal declaration that separate is inherently unequal.

I was just three years old in 1954, when Brown was decided.  Mine was the first generation to grow up in a world in which “separate but equal” was no longer the law of the land.  But, as anyone old enough to remember those tumultuous days can tell you, the words of Brown were not automatically translated into substantive change.  Discrimination and prejudice persisted then, and persist even today – imperiling progress, opportunity, and access for far too many Americans.

Today, we wage a different struggle to combat different forms of discrimination.  But combating the denial of dignity – and the inability of many to avail themselves of basic rights – remains our common cause. When I was a child during the Civil Rights Era – thanks to my parents’ protection, love, and devotion, and despite the turmoil that raged across the nation – I knew that my home would always provide a refuge of inviolable safety, solace, and support.  Tragically, as some in this room know – and have even experienced firsthand – far too many LGBT youth and adults don’t have access to the same kind of refuge.  Far too many don’t have the benefit of the support of their families and the safe haven that home can provide.  And although millions of Americans have stood together to remind these young men and women that “it gets better,” too many others continue to hold beliefs and perpetuate stereotypes that LGBT citizens are somehow inferior.  That their love is somehow less worthy.  And that who they are – at their very core – is somehow less legitimate than their peers.

These pernicious ideas and poisonous notions can rend families apart, dividing parents from children and siblings from one another.  And the consequences for lesbian, gay, bisexual, and transgender youth can be devastating – and, all too often, deadly – with suicide rates among lesbian, gay, and bisexual young people four times higher than their heterosexual peers, according to the Centers for Disease Control.

As a nation, we cannot abide such an unjust status quo.  As a people, we must demand far better.  And as a legal community, we must continue to call out – and actively challenge – animus-driven and discriminatory rules and policies wherever they are found.

In the wake of the Windsor decision, my Justice Department colleagues and I, in partnership with other agencies across the government, have moved rapidly to fulfill this charge by ensuring the swift implementation of this important ruling – in both letter and spirit. We’ve already extended significant benefits and protections to Americans in same-sex marriages – including health insurance and other key benefits for federal employees and their families; a uniform policy ensuring that all same-sex married couples are recognized for federal tax purposes; and a policy dictating that – for purposes of immigration law – same-sex and opposite-sex marriages will be treated exactly the same.  We’ve worked with the Defense Department to determine that members of the military who are in same-sex marriages will receive the same benefits available to opposite sex couples.  And, as a variety of marriage cases and appeals have proceeded across the nation, we’ve seen a string of court decisions striking down state laws precluding same-sex marriages – including as recently as this past Friday, in Wisconsin.  In response, we have taken appropriate action to ensure that the federal government will recognize all same-sex marriages that are lawful and valid under state law.

Beyond these efforts, in February, I announced a new policy memorandum that – for the first time in history – directs all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.  This means that, in every courthouse, in every proceeding, and in every place where a member of the Department of Justice stands on behalf of the United States – we will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law.

All of these changes will have profoundly positive, real-world implications for many throughout the nation.  Every step forward is laudatory, and every marker of progress worth celebrating.  But, as you know as well as anyone, this is no time to be complacent.  Our pursuit of a more perfect Union must go on.  The work of extending opportunity and preserving liberty is both vast and unending.  And there remains a great deal to be done.

Even as we speak, LGBT workers in too many states can be fired just because of their sexual orientation or gender identity.  As the President said in his Pride Month Proclamation, it’s past time for Congress to correct this injustice by passing an inclusive Employment Non-Discrimination Act.

In America’s health care system, far too many LGBT individuals continue to face unjust and unwarranted health disparities.  The Obama Administration will keep working to address these disparities through implementation of the Affordable Care Act.  And we’ll keep moving forward with our cutting-edge National HIV/AIDS Strategy, which is focused on improving care while decreasing HIV transmission rates among communities most at risk.

And in far too many organizations, policies and practices that discriminate against LGBT individuals remain persistent concerns. Lambda Legal is among the groups that have led efforts to address these conditions – for instance, through your work in 1992, in Boy Scouts of America v. Dale, to challenge the termination of an Assistant Scoutmaster when the organization found out he was gay.  Unfortunately, the continuation of a policy that discriminates against gay adult leaders – by an iconic American institution – only preserves and perpetuates the worst kind of stereotypes.  Like “Don’t Ask, Don’t Tell,” it’s a relic of an age of prejudice and insufficient understanding.  Today, courageous lesbian, gay, and bisexual individuals routinely put their lives on the line as members of America’s armed services.  They inspire us, they protect us, and they defend us.  And if these men and women are fit for military service, then surely they are fit to mentor, to teach, and to serve as role models for the leaders of future generations.

Throughout history, America’s highest ideals – realized in the expanding inclusiveness of our laws and a succession of historic Supreme Court rulings, from Brown to Zablocki, from Romer to Lawrence, from Loving to Windsor – have lit a clear path forward.  A path to equality and fullness of life for every man and every woman.  A path to healing for tired minds and overburdened spirits.  And a path along which we have made tremendous strides, thanks to leaders and advocates in and far beyond this room.

Yet our journey still stretches beyond the horizon. And that’s why, until we reach our destination, this Department of Justice will never back down.  We will never give up.  And we will never stop working to provide LGBT individuals – and all Americans – with the security and the essential protections to which they are entitled.

The progress we’ve achieved is truly worth celebrating.  But, on its own, it’s not enough – not until every individual, every family, and every worker is treated with the dignity and respect they deserve.

It’s not enough until every parent can fully support, and recognize the worth, of their lesbian, gay, bisexual, or transgender child.

It’s not enough until every student feels safe from harassment in the classroom and on the playground.

And it’s not enough until the circle of opportunity and equality is so wide – and so accessible – that the American Dream is available to everyone with the heart to dream it.

 This evening, as we renew our commitment to move forward together – with confidence in the efforts of our allies, and with deep and abiding faith in the American people – I cannot help but feel optimistic that we can, and will, seize the opportunities now before us.  But never forget that positive change is not inevitable. We must stand together, and work together, and sacrifice together, to see that justice is done.  We must strengthen and extend our nation’s long tradition of increasing inclusion.  And thanks to the leadership, the determination, and the persistence of legal advocates and courageous citizens alike, I am confident that we will ultimately be successful in our enduring pursuit of a more equal, more just, and more perfect Union.

  Thank you.

U.S. CHAIRMAN JOINT CHIEFS, BRITISH PRIME MINISTER MEET ALONG WITH RESPECTIVE SERVICE CHIEFS

FROM:  U.S. DEFENSE DEPARTMENT 

U.S. Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, and his wife, Deanie, exchange greetings with British Navy Rear Adm. Mackay as they arrive on Stansted Airfield, England, June 9, 2014. Dempsey later met with British Prime Minister David Cameron at his residence at No. 10 Downing Street and with defense counterparts at the British Defense Ministry. DOD photo by U.S. Navy Petty Officer 1st Class Daniel Hinton.  
Dempsey, Service Chiefs Meet With British Prime Minister, Chiefs

American Forces Press Service

WASHINGTON, June 10, 2014 – Army Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, and the U.S. service chiefs met in London today with British Prime Minister David Cameron at No. 10 Downing Street and with their counterparts at the British Defense Ministry.

A statement from the British Defense Ministry said the day-long series of discussions among the military leaders at defense headquarters in Whitehall marked the first time the Combined Chiefs of Staff had met since the 1940s.
Dempsey and the U.S. service chiefs met with Britain’s chief of defense staff, Gen. Sir Nicholas Houghton, and the United Kingdom service chiefs. Topics included how to continue the successful collaboration between the respective armed forces once the drawdown from Afghanistan has been completed and the importance of the transatlantic security alliance in advance of September’s NATO Summit, the Defense Ministry’s statement said.

"We share a remarkably close relationship -- not just as nations but as militaries,” Dempsey said after the discussions, according to the statement. “It's one founded on our history, our values and genuine friendships. Whether we're deployed in combat operations or in London addressing common priorities, our combined strength and experience make us better."

Houghton echoed Dempsey’s sentiments.

“This important meeting of the combined U.K. and U.S. chiefs of staff comes at a significant time for both our militaries as we transition beyond combat operations in Afghanistan and reconfigure for emerging challenges,” he said. “Discussions today have reflected the enduring and historic links between our two armed forces and underlined the closeness and strength of our military relationship.”

The Combined Chiefs of Staff met regularly during World War II between 1942 and the end of the war, but also convened in 1948 in response to the Berlin Blockade, the Defense Ministry statement said.

DOJ PUSHES REDUCING SENTENCES FOR SOME INCARCERATED FOR CERTAIN DRUG OFFENCES

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, June 10, 2014

Justice Department Urges U.S. Sentencing Commission to Make Certain Individuals Incarcerated for Drug Offenses Retroactively Eligible for Reduced Sentences

In April, Commission Approved Two-level Reduction in Sentencing Guidelines for Federal Drug Offenses; at Hearing, DOJ Officials Call for Applying Those New Rules to Certain Individuals Already in Prison

WASHINGTON—Attorney General Eric Holder announced Tuesday that the Justice Department would formally support a proposal under consideration by the U.S. Sentencing Commission to allow certain individuals serving time in federal prison for nonviolent drug offenses to be eligible for reduced sentences.

The Commission—which sets the guidelines for sentences imposed on federal criminal defendants—approved a proposal in April to lower, by two levels, the base offense associated with various drug quantities involved in drug trafficking crimes. Next month, the Commission will vote on whether the change, which is estimated to reduce the average sentence by 23 months, should be applied retroactively to individuals who are already in prison.

The department is proposing that the Commission make the revised guidelines retroactive for individuals who lack significant criminal histories and whose offenses did not include aggravating factors, such as the possession of a dangerous weapon or the use of violence. This approach is consistent with the department’s overall criminal justice reform efforts, which seek to reserve the harshest penalties for the most serious criminals who pose the greatest threat to public safety.

“Under the department’s proposal, if your offense was nonviolent, did not involve a weapon, and you do not have a significant criminal history, then you would be eligible to apply for a reduced sentence in accordance with the new rules approved by the Commission in April,” Holder said. “Not everyone in prison for a drug-related offense would be eligible. Nor would everyone who is eligible be guaranteed a reduced sentence. But this proposal strikes the best balance between protecting public safety and addressing the overcrowding of our prison system that has been exacerbated by unnecessarily long sentences.”

The department’s position in favor of applying the revised guidelines retrospectively in some cases was conveyed Tuesday during a formal hearing of the Commission. Sally Yates, the U.S. Attorney for the Northern District of Georgia, and Bureau of Prisons Director Charles Samuels testified on behalf of the department.

“We believe that the federal drug sentencing structure in place before the amendment resulted in unnecessarily long sentences for some offenders that has resulted in significant prison overcrowding, and that imprisonment terms for those sentenced pursuant to the old guideline should be moderated to the extent possible consistent with other policy considerations,” Yates said. Under the plan supported by the department, Yates added, “retroactivity would be available to a class of non-violent offenders who have limited criminal history and did not possess or use a weapon, and thus will apply only to the category of drug offender who warrants a less severe sentence and who also poses the least risk of reoffending.”

The department’s proposal calls for retroactivity to be applied to defendants in Criminal History Categories I and II who did not receive (1) a mandatory minimum sentence for a firearms offense pursuant to 18 U.S.C. § 924(c); (2) an enhancement for possession of a dangerous weapon pursuant to §2D1.1(b)(1); (3) an enhancement for using, threatening, or directing the use of violence pursuant to §2D1.1(b)(2); (4) an enhancement for engaging in an aggravating role in the offense pursuant to §3B1.1; or (5) an enhancement for obstruction or attempted obstruction of justice pursuant to §3C1.1. (2) an enhancement for possession of a dangerous weapon pursuant to §2D1.1(b)(1); (3) an enhancement for using, threatening, or directing the use of violence pursuant to §2D1.1(b)(2); (4) an enhancement for engaging in an aggravating role in the offense pursuant to §3B1.1; or (5) an enhancement for obstruction or attempted obstruction of justice pursuant to §3C1.1.

DEPUTY AG COLE'S REMARKS ON THE INCREASING NUMBER OF HEROIN DEATHS

FROM:  U.S. JUSTICE DEPARTMENT 
Deputy Attorney General James M. Cole Delivers Remarks at the “Pills to Needles: the Pathway to Rising Heroin Deaths” Event
~ Tuesday, June 10, 2014

Thank you, Joyce, for that kind introduction.  And thank you to the University of Alabama-Birmingham School of Public Health and the Jefferson County Department of Public Health for partnering with the United States Attorney’s Office for the Northern District of Alabama to host today’s community awareness summit.  It is an honor to be here with such a dedicated and diverse group of professionals, community leaders, and concerned citizens.

While I am pleased to be here, the issue that brings us together, prescription drug and heroin abuse, is not a happy one.  Unfortunately, the need to address these problems has become critical.  But the way we begin to deal with it is to come together as a community to better understand the symptoms and the underlying causes of the problem.  With the community, family, and friends, aware and engaged, we get that much closer to practical and sustainable solutions.

As the Attorney General recently observed, heroin and opiate addiction and abuse “is impacting the lives of Americans in every state, in every region, and from every background and walk of life.”

You have experienced this crisis, firsthand, here in the Birmingham region, where you have witnessed a more than five-fold increase in heroin overdose deaths between 2008 to 2012.  That rate is nothing short of tragic, and cannot be tolerated in our neighborhoods and it cannot be tolerated anywhere in our nation.

Communities like yours across the country are grappling to find solutions.  In Cleveland, Ohio, the community came together last fall for a daylong summit, much like this one, hosted by the Cleveland Clinic, the United States Attorney’s Office, and other state and local health care and law enforcement leaders after witnessing a 400% increase in heroin-related deaths.

They generated a plan to address every aspect of the problem, including education and prevention, health care policy, law enforcement and treatment.  As part of that plan, the Cuyahoga County Prosecutor’s Office produced a website “letsfaceheroin.com” that looks to increase awareness and understanding of the problem, and offers support and resources to those in need in the community, including young people, parents, community leaders, and current users.

In Vermont, the family of a heroin overdose victim joined with the United States Attorney’s Office to create an award-winning documentary, “The Opiate Effect,” to educate people about the realities and dangers of opiate abuse.

Clearly, part of the solution is prosecution. Here in the federal court in Birmingham, a 20-year sentence was handed down last month to Harold Mims for selling heroin that resulted in an overdose death.  There is also the ongoing prosecution of Patropius Foster, who is charged with distributing heroin that resulted in the death of local University of Alabama student Baker Mims.

We just heard from Baker’s parents, Ronnie and Beverly, and Tracy Bynum, whose daughter Madison also died of an overdose.  I want to offer you and your families my sympathy and my support, as well as my gratitude and respect.  You exhibit such strength and courage to come here today and speak personally about the tragedies you have faced.  I know how hard it must be for you to do this, but I also know that you do this so that others might be spared your pain.

While we can prosecute cases such as these two in Alabama – and the hundreds just like them around the country -- I want to make it clear that what we face is not just a crime problem, it is also a nationwide public health problem and a community problem.  And everywhere people look at this problem they come to the same three conclusions:  1. there is no single answer; 2. we cannot stand by and do nothing; and 3. we cannot arrest and prosecute our way out of it.

This issue demands that we all join together to employ a comprehensive strategy that addresses every aspect, every phase, every cause of this crisis.

The heroin use and overdose epidemic gripping this country has its roots in more than a decade of prescription drug abuse.  As the Attorney General recently remarked, the “increase in heroin abuse is a sad but not unpredictable symptom of the significant increase in prescription drug abuse over the past decade.”

 Abuse of prescription drugs leads to dependency and that dependency leads to demand for more prescription drugs. That demand, users find, ultimately cannot be satisfied by the harder-to-obtain and more expensive prescription pills.  That is where the heroin problems sneak in.  The ready availability and lower cost of heroin makes it an easy and cheap alternative with tragic consequences.

Now don't kid yourselves into thinking that the pills-to-heroin epidemic won’t come to your neighborhood, your family members, your churches.  This problem does not begin on the street or in prison; more often than not, it begins at home.  Even, in the homes of those closest to us.  More than half of all prescription drug abusers first obtained pills from friends or family, often by raiding the family medicine cabinet.  And no one should think that the size of their wallet or the size of their house or the extent of their education will protect them against the threat of heroin in their communities.

The demographic of prescription drug abusers has broadened and is hitting all geographic and socio-economic populations.   As a result, the growth of this problem is staggering.  Let me give you some examples:  among women, between 1999 and 2010, there was a 400% increase in the abuse of prescription painkillers.

Among people 25 to 64 years of age, drug overdoses cause more deaths than motor vehicle accidents.  Every day, 105 people die as a result of drug overdoses, and nearly 7,000 more are treated in emergency rooms.

In 2012, approximately 6.8 million people reported abusing prescription drugs in the prior month.   As a country and as a community, we cannot sustain this path.

Then, there is the issue of where the prescription drug abuse all too often leads.  The heroin use and overdose epidemic follows swiftly in the footsteps of the prescription drug abuse problem.  In a survey between 2008 and 2010, 81% of first-time heroin users had previously abused prescription painkillers.

The number of heroin users has seen a dramatic increase in the past several years.  In 2012, the number of heroin users had doubled from 2007.  More than 156,000 people reported using heroin for the first time during 2012.  Perhaps most troubling, the age of first-time heroin use is decreasing.  Predictably, and tragically, the increased heroin use has led to an increase in the number of heroin overdose deaths.

DEA has reported a disturbing, but unfortunately logical, trend in the heroin marketplace.  Mexican drug cartels have significantly expanded their production of heroin and distribution within the United States.  And, heroin traffickers are moving into areas with existing prescription drug abuse problems.  Like any business, they are finding the demand and meeting it.

Prescription drug abusers who have recently switched to heroin are the most vulnerable potential victims.  They are typically inexperienced users, more often younger than the average drug user.  They have a lower tolerance for the dangerous effects of heroin and are unfamiliar with drug purity and strength.  These problems are exacerbated as the heroin available in our communities has increased in purity and has in many cases been mixed with other drugs or substances, such as fentanyl, that not only dramatically increase the effects of heroin, but also increase the risk of overdose.

So why is the United States Department of Justice involved?  Why did I fly in from Washington to talk to you about this?  Because we need to sound the alarm.  Today, our children and grandchildren, our friends and neighbors, are abusing prescription drugs.  But far too often, and unless we act, tomorrow they will be heroin overdose victims.

I am here to elevate this issue to the national platform.  We are seeing, across the country, that a comprehensive public health strategy to address the heroin and prescription drug abuse and overdose crisis must include education, prevention, enforcement, and treatment.  To be successful, we must enlist the combined efforts of doctors and health care providers, educators, community leaders, law enforcement officials, faith-based groups, state and local public health officials, and the friends and family of drug abusers.

Here in Birmingham, the United States Attorney’s Office has worked with federal, state, and local law enforcement to attack the supply side of the heroin problem, prosecuting more than 50 people in a collaborative and focused effort to target dealers and their sources of supply.

Nationwide, since 2011, DEA has opened more than 4,500 heroin-related investigations.  As both a sign of the increasing problem and the efforts to combat the supply of heroin in the United States, the amount of heroin seized along the southwest border increased more than 320% between 2008 and 2013.

But I don’t want anyone to think that what we are talking about is simply a problem of drugs crossing our borders, or another country’s bad actors harming us.  This is an American problem, through and through.  Make no mistake, the practitioners who illegally dispense prescriptions, those who operate pill mills for prescription painkillers and the pharmacists who fill those prescriptions knowing their true purpose, are drug dealers no different from street-level heroin dealers.

They may look different than the Hollywood image of a drug dealer. They may even be our friends and our neighbors.  But they contribute to the problem just as much as the person selling $10 bags of powder.  Which is why, in addressing these issues, we must confront the problems of prescription drug diversion if we ever hope to reduce the number of future heroin users.

We confront this problem initially with education and supply reduction.  The Department of Justice, through the DEA, educates doctors, pharmacists, and other health practitioners in the identification and prevention of prescription drug diversion.  DEA’s Office of Diversion Control has conducted dozens of Pharmacy Diversion Awareness Conferences and one is coming to Alabama next year.

DEA also has worked to address the problem of prescription drug availability in the home.  DEA periodically conducts Nationwide Prescription Drug Takeback Days.  More than 780,000 pounds of prescription drugs were destroyed this year, and over 4.1 million pounds of prescription drugs have been destroyed since 2010.  Every prescription painkiller like this taken out of a medicine cabinet is one less pill that can end up in the hands of a young, first-time drug user.

DEA also uses Tactical Diversion Squads for enforcement, and there is one in Birmingham.  Their primary purpose is to investigate, disrupt and dismantle diversion schemes, pill mills, rogue clinics and pharmacies, doctor shoppers, and prescription forgery rings.

But we realize that even with these enforcement efforts, drug abuse and overdoses will continue to occur.  That is where you – the parents, friends, educators, and medical professionals – come in.  You must be educated on the early warning signs and the key indicators of abuse and you must realize that the most caring thing you can do is intervene.  Early detection and intervention has been demonstrated to be one of the most effective ways to reduce long-term substance abuse.

We can also help by taking greater advantage of proven methods of treating overdoses and saving lives in emergency situations.  The drug Naloxone can reverse the effects of heroin and opioid overdoses and has been proven to prevent overdose deaths.  More than 10,000 overdoses have been reversed using naloxone since 2001.

In Quincy, Massachusetts, where they faced a similar heroin epidemic, after police began carrying naloxone, overdose deaths dropped by 70%.  In New York, earlier this year, the state Senate and Assembly voted unanimously to allow wider distribution and use of naloxone.

But we also know that our work must include breaking the cycle of addiction and crime.  By treating drug addiction as a disease instead of a crime, we provide better outcomes for the defendant and the community.  That is why the Department of Justice is supporting more than 2,600 drug and specialty courts across the country that connect over 120,000 people convicted of drug-related offenses with the services and support they need to break the cycle of drug use and rejoin their communities.

By understanding the medical causes of drug addiction, making treatment available, and recognizing that alternatives to incarceration may be the appropriate answer for many drug users, we are being smart on crime and using all the tools we have to deal with these problems.

Unquestionably, these problems that bring us together today are daunting.  They present us with a challenge whose scope and deadly consequences are like nothing we've seen before.  But we have no choice, we have to deal with these issues head on.  And not just with a single, one dimensional approach, but with every tool we've got, it's that important.  And that means it's the responsibility of each and every one of us to do our part.  Parents, brothers and sister, aunts, uncles, and grandparents need to step in when they see a family member going down the dangerous path of drug abuse.  Teachers and coaches need to sit down with a student who's lost his or her way and counsel them.  And all of us, young and old, need to overcome the discomfort of confronting a friend who we see is in trouble.  Because without that loving confrontation, the trouble just gets worse and can end up with our losing that friend.

As much as I'd like to, I cannot stop this problem today or tomorrow.  But I can commit to you that we at the Department of Justice are dedicated to joining with you in the search for comprehensive solutions.  And I truly believe, that with sustained and committed effort by all of us, we will find those solutions; we will stop this crisis; and we will emerge a safer, stronger and healthier community and nation.  Thank you.

NY CONSTRUCTION COMPANIES OWNER PLEADS GUILTY TO TAX FRAUD

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, June 9, 2014
Owner of New York Construction Companies Pleads Guilty to Tax Fraud

Eric Anderson, of Dix Hills, New York, pleaded guilty today in the U.S. District Court for the Eastern District of New York to the willful failure to collect and pay over employment taxes, the Justice Department and Internal Revenue Service (IRS) announced.

According to court documents, Anderson owned three construction companies located in Dix Hills: Anderson Framing, Anderson Enterprise and Anderson Trim Specialty.  Anderson corruptly endeavored to obstruct the IRS between 2006 and 2008 by using a check cashing service to cash over $10.5 million of gross receipts checks paid to his construction companies.  He concealed his check cashing activities from his tax return preparer so that the income was not included on the companies’ tax returns.  Anderson paid his employees in cash while failing to collect and pay over employment taxes to the IRS.  He also diverted cash receipts earned by his companies for his own personal use.  Finally, after learning of the criminal investigation, Anderson shredded business records and lied to IRS investigators about his use of the check cashing service.  The estimated tax loss resulting from Anderson’s activities is between $1 and $2.5 million.

Anderson faces a statutory potential maximum sentence of five years in prison and a potential fine of up to $250,000.  U.S. District Judge Arthur Spatt set sentencing for Sept. 19, 2014.

The case was investigated by IRS-Criminal Investigation and is being prosecuted by Trial Attorneys Mark Kotila and Jeffrey Bender of the Justice Department’s Tax Division.

THE WORLD OF MICRO-LOCOMOTION

FROM:  NATIONAL SCIENCE FOUNDATION 
Microorganisms: Studying the mechanics of their locomotion
Research has potential for improvements in treating diseases and reproductive health and creating new drug delivery systems

Bacteria often must swim through intricate environments in the human body to get where they need to go. How they do it is what fascinates Henry Fu.

"A microbiologist might look at the biology, or biochemical pathways," says Fu, an assistant professor of mechanical engineering at the University of Nevada, Reno. "I am focused on the mechanics, rather than the biology."

Fu's goal is to understand the locomotion of bacteria and other microorganisms, such as sperm and protists, when they swim through such complex substances as mucus or bodily tissues. While both do contain fluid, they are more complicated than water, and bacteria almost certainly need different forces to navigate through them.

"People have tried to understand how they swim through regular water for a very long time, probably 50 or 60 years, but I want to know how this swimming is modified when they are swimming through things more complicated than water, like mucus," says the National Science Foundation (NSF)-funded scientist. "Mucus is more viscous and has elastic properties. People think of mucous as smooth and continuous, but it has a network of fibers. I'm looking at how those fibers interact with the microorganisms."

His work potentially has broad implications in the treatment of diseases, for example, in figuring out ways to block infection by halting a bacterium's movement, even after it has entered the body, such as in Lyme disease, where "bacteria have to burrow through your tissues to get to your bloodstream," Fu says. "Understanding how they do that could be potentially important in order to stop them."

The research also could prove valuable in reproductive health, where "the properties of mucus can affect the likelihood of fertilization," Fu says. "This could be important in treating infertility or contraception, when you could make it easier--or harder--for the sperm to move."

Researchers also could apply mechanical engineering lessons learned toward creating new drug delivery systems, such as nano-robots that could carry chemotherapy through the body to target a growing tumor.

Microorganisms swim by moving parts of their bodies. For example, many swimming bacteria have a tail-like flagellum, which rotates like a propeller, pushing them forward, while some algae have two flagella that "they can use like breast stroke," Fu says. "Part of what I am looking at is how they translate this motion into propelling themselves in the direction of where they want to go."

His research mostly is theoretical--in the computer and with pen and paper--designing models of these swimmers to see how they behave in different environments, and with variations to their swimming motions.

"What we do as modeling is based on well-known fundamental physics laws," he explains. "We could tell the computer the shape of a bacterium and its swimming motion, or how it is rotating, and the properties of the material or fluid it is moving in. We then ask it how it will move, and how much force and energy it will take. We might also ask what might happen if the flagellum or cell had a different shape."

Fu is conducting his research under an NSF Faculty Early Career Development (CAREER) award, which he received in June 2013. 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. He is receiving $400,003 over five years.

As part of the grant's educational component, he plans to create "Move Like a Microbe," a simulation of microscale microbial locomotion that "will bring the research to life for the public, and K-12 students, by providing a hands-on demonstration of how microorganisms are able to swim, and explain the consequences of microbial locomotion in everyday life," he says.

"Because microorganism are so small and because what they experience in a fluid environment is different from what we expect, this demonstration helps put them in the shoes of a microorganism," he adds. "They can control it, and make it swim, and feel the forces that the microorganism feels--and they will be learning about what it's like to try to swim when you're a tiny thing."

-- Marlene Cimons, National Science Foundation
Investigators
Henry Fu

Tuesday, June 10, 2014

READOUT: PRESIDENT OBAMA'S CALL WITH EGYPTIAN PRESIDENT AL-SISI

FROM:  THE WHITE HOUSE 

Readout of the President’s Call with Egyptian President al-Sisi

President Obama called Egyptian President Abdelfattah al-Sisi today to congratulate him on his inauguration and to convey his commitment to working together to advance the shared interests of both countries.  The President reiterated the United States’ continuing support for the political, economic, and social aspirations of the Egyptian people, and respect for their universal rights.  President al-Sisi expressed appreciation for the call and welcomed U.S. support for the new government.  The two leaders affirmed their commitment to the strategic partnership between the United States and Egypt and agreed to stay in touch in the weeks and months ahead.

PRESIDENT OBAMA CONGRATULATES PRESIDENT-ELECT RIVLIN ON HIS ELECTION WIN IN ISRAEL

White House Official Photo.
FROM:  THE WHITE HOUSE PRESIDENT 
Statement by the President on the Presidential Election in Israel

The people of the United States join me in offering Reuven Rivlin congratulations on his election as the next President of the State of Israel.

Over more than six decades, the United States and Israel have developed a unique relationship based on shared democratic values, our unshakeable commitment to Israel’s security, and our partnership in scientific research and innovative technology.  President-elect Rivlin has a long and dedicated record of public service and we look forward to continued strong ties, to the benefit of both our nations, under Mr. Rivlin’s presidency.

As President Shimon Peres nears the end of his term, he can look back on a remarkable legacy of courage, conviction, and compassion.  He has dedicated his extraordinary life to the cause of peace, and I look forward to welcoming him in Washington later this month where he will receive the Congressional Gold Medal.    

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JUNE 10, 2014

FROM:   U.S. DEFENSE DEPARTMENT 
CONTRACTS
ARMY

ABSG Consulting Inc., Arlington, Virginia (W91278-14-D-0033); Allied Reliability, Inc.,* North Charleston, South Carolina (W91278-14-D-0034); and Andromeda Systems Inc.,* Virginia Beach, Virginia (W91278-14-D-0035), were awarded a $45,000,000 firm-fixed-price multiple-award, contract for reliability-centered maintenance and condition monitoring at Army Medical Command facilities in the continental United States, Alaska, Hawaii, U.S. possessions, and Germany.  The estimated completion date is June 9, 2019.  Funding and work location will be determined with each order.  Bids were solicited via the Internet with four received. U.S. Army Corps of Engineers is the contracting activity.
MACNAK Korte Group LLC,* Lakewood, Washington, was awarded a $15,947,269 firm-fixed-price contract to design and build civil engineer administration/operations facility at Beale Air Force Base, California, with an estimated completion date of March 21, 2016.  Bids were solicited via the Internet with six received.  Fiscal 2010 military construction funds in the amount of $15,947,269 are being obligated at the time of the award.  U.S. Army Corps of Engineers, Sacramento, California, is the contracting activity (W91238-14-C-0039).

AIR FORCE

Goodrich Corp., Westford, Massachusetts, has been awarded an $11,000,000 firm-fixed-price contract for Pakistan DB-110 sustainment effort that includes upgrade capabilities, spare and support equipment. Work will be performed at Westford, Massachusetts, and is expected to be completed by July 2015. This award is the result of a sole-source acquisition, and is 100 percent foreign military sales for Pakistan.  Air Force Life Cycle Management Center, Wright Patterson Air Force Base, Ohio, is the contracting activity  (FA8620-14-C-4017).
Exelis, Inc., Radar, Reconnaissance and Acoustic Systems, Van Nuys, California, has been awarded a $9,647,241 firm-fixed- price contract for a Ground Control Approach System (GCA).   This effort is a new program in support of a FMS case for the Saudi Arabian National Guard.  This action will provide a GCA for installation at a Khasham Al An Airbase.  The GCA system will be utilized for aircraft approach and landing guidance including airspace control services in support of air traffic control operations and Saudi Arabian National Guard aviation mission requirements.  Work will be performed in Saudi Arabia, and is expected to be completed by June 10, 2024.  This award is the result of a sole-source acquisition.   This contract involves 100 percent foreign military sales.  Air Force Life Cycle Management Center, Hanscom Air Force Base, Massachusetts, is the contracting activity  (FA8730-14-C-0008).

Northrop Grumman Systems Corp. Aerospace Systems, Redondo Beach, California, has been awarded an indefinite-delivery/indefinite-quantity contract with a maximum ordering dollar amount of $7,000,000 for L-Band Radio Frequency Power Amplifier for the Global Positioning System Spacecraft Navigation Payload.  The objective of this program is to demonstrate the direct digital synthesis of GPS signals concept by design, fabrication, assembly, test, and demonstration of a Digital Beam Forming Element, Engineering Design Unit, and the key enabling technology of the Digital Phased Array GPS payload architecture. Work will be performed at Redondo Beach, California. The ordering period is for 36 months; the work for task order 0001 is expected to be completed by March, 2015.  This award is the result of a competitive acquisition, and 16 offers were received.  Fiscal 2013 and 2014 research, development, test and evaluation funds in the amount of $1,089,908 for the initial task order 0001 are being obligated at time of award. The Air Force Research Laboratory, Det 8, Kirtland Air Force Base, New Mexico, is the contracting activity  (FA9453-14-D-0220).

NAVY

Airborne Systems Ltd., Bridgend, United Kingdom, is being awarded $7,750,856 for firm-fixed-price job order 0004 under a previously awarded Basic Ordering Agreement (N00164-13-G-WM55) for the procurement of components in support of the MK 59 Mod 0 Decoy Launch System.  The MK 59 DLS is a deck-mounted countermeasure system that is used to launch an advanced inflatable radar decoy cartridge to confuse hostile tracking and homing associated with anti-ship missiles by simulating the radar cross section of the ship.  Work will be performed in Bridgend, United Kingdom, and is expected to be completed by April 2016.  Fiscal 2014 other procurement (Navy) funding in the amount of $7,750,856 will be obligated at time of award.  Contract funds will not expire at the end of the current fiscal year.  The Naval Surface Warfare Center, Crane, Indiana, is the contracting activity.
*Small business

Airborne Systems Ltd., Bridgend, United Kingdom, is being awarded $7,750,856 for firm-fixed-price job order 0004 under a previously awarded Basic Ordering Agreement (N00164-13-G-WM55) for the procurement of components in support of the MK 59 Mod 0 Decoy Launch System.  The MK 59 DLS is a deck-mounted countermeasure system that is used to launch an advanced inflatable radar decoy cartridge to confuse hostile tracking and homing associated with anti-ship missiles by simulating the radar cross section of the ship.  Work will be performed in Bridgend, United Kingdom, and is expected to be completed by April 2016.  Fiscal 2014 other procurement (Navy) funding in the amount of $7,750,856 will be obligated at time of award.  Contract funds will not expire at the end of the current fiscal year.  The Naval Surface Warfare Center, Crane, Indiana, is the contracting activity.
*Small business

DOJ REPORTS 5 SERVICE MEMBERS DEAD IN POSSIBLE FRIENDLY FIRE INCIDENT


FROM:  U.S. DEFENSE DEPARTMENT 

Possible Friendly Fire Leaves 5 U.S. Service Members Dead
American Forces Press Service


WASHINGTON, June 10, 2014 – Five American troops were killed yesterday during a security operation in southern Afghanistan, Pentagon Press Secretary Navy Rear Adm. John Kirby said today.

In a statement, Kirby said investigators are looking into the likelihood that friendly fire was the cause.

“Our thoughts and prayers are with the families of these fallen," he added.
The incident occurred during a security operation when the U.S. service members’ unit came into contact with enemy forces, International Security Assistance Force officials said in a statement issued from the command’s headquarters in Kabul, Afghanistan.

“Tragically, there is the possibility that fratricide may have been involved,” the statement said. “The incident is under investigation. Our thoughts are with the families of those killed during this difficult time.”

PRESIDENT OBAMA TO CONGRESS REGARDING CONTINUATION OF NATIONAL EMERGENCY WITH RESPECT TO BELARUS

FROM:  THE WHITE HOUSE 

Message to the Congress -- Continuation of the National Emergency with Respect to Belarus

TO THE CONGRESS OF THE UNITED STATES:
Section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the actions and policies of certain members of the Government of Belarus and other persons to undermine Belarus's democratic processes or institutions that was declared in Executive Order 13405 of June 16, 2006, is to continue in effect beyond June 16, 2014.
The actions and policies of certain members of the Government of Belarus and other persons to undermine Belarus's democratic processes or institutions, to commit human rights abuses related to political repression, and to engage in public corruption continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  For this reason, I have determined that it is necessary to continue the national emergency declared in Executive Order 13405 with respect to Belarus.
BARACK OBAMA

DOD PHOTOS OF TRYOUTS FOR 2014 WARRIOR GAME

FROM:  U.S. DEFENSE DEPARTMENT 



The Navy holds volleyball tryouts during the 2014 Wounded Warrior Team Navy Trials on Norfolk Naval Base in Norfolk, Va., June 4, 2014. DOD photo by EJ Hersom.




Retired Navy Petty Officer 3rd Class Justin Schmidt rides a recumbent bicycle during the 2014 Wounded Warrior Team Navy Trials in Norfolk, Va., June 5, 2014. About 70 seriously wounded, ill and injured sailors and Coast Guardsmen from across the country are competing for a place on Team Navy 2014. About 40 athletes will be selected for the Navy's team and advance to the 2014 Warrior Games, an annual competition among each branch of the U.S. Armed Forces. DOD photo by EJ Hersom.




Retired Navy Petty Officer 3rd Class Brian Canich shoots a basketball over Carlos Spence, a member of a local adaptive sports basketball team, at an exhibition game during the 2014 Wounded Warrior Team Navy Trials in Norfolk, Va., June 4, 2014. DOD photo by EJ Hersom.

CHAIR AT 2014 AUSTRALIA GROUP PLENARY MAKES STATEMENT ON NONPROLIFERATION

FROM:  U.S. STATE DEPARTMENT 
Statement by the Chair of the 2014 Australia Group Plenary
Bureau of International Security and Nonproliferation
June 6, 2014

The need to strengthen global chemical and biological non-proliferation measures underscored by the chemical weapons situation in Syria dominated the Australia Group’s annual plenary meeting, which concluded today in Paris. Chaired by Australia and hosted in Paris by the French Government, the Australia Group seeks to counter the spread of technologies and materials that may facilitate the development or acquisition of chemical and biological weapons (CBW) by states and terrorists. The Plenary welcomed Mexico as a new participating state in the Group.

Among the measures AG participants agreed to take to strengthen CBW non-proliferation measures are:

Encourage more non-participants to adhere to the AG Guidelines – to make a political commitment to control the export of all items on the AG common control lists according to the AG Guidelines, including subsequent changes – in order to increase synergies with the growing number of non-participants using the Australia Group control lists and Guidelines as the benchmark for global best practice chemical and biological export controls and reduce loopholes that proliferators and terrorists can exploit. Such adherent countries will be afforded a broader range of information from AG participants to assist them in observing global best practice.

In line with UN Security Council Resolution 1540, increase efforts against CBW terrorism, including by adding to the AG Guidelines the requirement to consider the risk of diversion to terrorists when reviewing export licenses for AG-controlled items, and by sharing more information related to CBW terrorism with each other and with non-participants.

Enhance outreach to industry and academia to improve their understanding of the risks of CBW proliferation and how they can help prevent it -- not just to industry and academia within AG Participants’ jurisdiction, but also in multinational industry and academic forums and in outreach to non-participants.

The Australia Group affirmed its view that the horrific use of chemical weapons against the people of Syria underlines the necessity for the complete eradication of chemical weapons for all time by all countries through the universal adherence to and effective implementation of the Chemical Weapons Convention (CWC). Since Syria’s accession to the CWC, the Australia Group welcomes the progress made in the destruction of Syria’s chemical weapons programme. However, until Syria facilitates the complete and verified destruction of its chemical weapons programme and resolves all ambiguities in its declaration to the Organization for the Prohibition of Chemical Weapons, the international community will not have confidence that Syria is meeting its obligations under UN Security Council Resolution 2118 and the CWC in full. The Australia Group Plenary also expressed concern about continued reports of the use of chemical agents in the ongoing conflict in Syria. The AG Plenary considered lessons that could be learned from Syria's chemical weapons programme and agreed on measures to further strengthen non-proliferation export controls.

The Group continued its process of review of the proliferation risk associated with new and emerging technologies, and participating experts continued their review of lists of chemical and biological items that are to be subject to export control. Updated lists as well as the Australia Group Guidelines are available at www.australiagroup.net.

As in past years the 2014 Plenary enabled licensing and enforcement experts to share experience and information to prevent attempts to proliferate sensitive dual-use chemicals, biological materials, and related equipment. This year participants conducted a table top exercise to evaluate responses to various enforcement challenges and welcomed a comprehensive handbook on the identification of Australia Group listed items prepared by the United States. Australia Group participants affirmed their commitment to ensuring that their export controls did not hinder legitimate trade and technical cooperation in the chemical and biological sectors.

Australia Group participants agreed to amend the AG Guidelines to increase the prominence of “catch-all” controls on exports of unlisted items that may contribute to CBW, and put particular priority on “catch-all” implementation. They also agreed to enhance national efforts to control transfers of AG-listed technology in intangible forms or by intangible means, including via the provision of training. The Group also will continue to share information on approaches to visa vetting and to the control of proliferation-sensitive brokering services. Participants also clarified the implementation of the Group’s “no-undercut” policy, which promotes uniformity in the implementation of export controls.

Consideration was given to potential new members that have formally expressed interest in joining the Australia Group.

The Australia Group agreed to continue an active program of international outreach and engagement in 2014-15 to further enhance efforts to prevent the proliferation of chemical and biological weapons, with particular emphasis on encouraging adherence to the AG Guidelines, the threat of CBW terrorism, the need for “catch-all” controls, and the importance of outreach to industry and academia.

AG members accepted Australia’s offer to host the next Plenary in Perth, Western Australia, in 2015 to mark the 30th anniversary of the establishment of the Australia Group.

AG HOLDER WANTS TO BOOST VOTING ACCESS FOR AMERICAN INDIANS AND ALASKA NATIVES

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, June 9, 2014
Attorney General Holder Suggests New Proposal to Boost Voting Access for American Indians and Alaska Natives
Idea Under Discussion Would Be to Require Jurisdictions That Include Tribal Lands to Locate at Least One Polling Place in Venue Selected by Tribal Government

In a new step to boost voting access for American Indians and Alaska Natives, Attorney General Eric Holder today suggested the idea of requiring state and local election administrators whose territory includes tribal lands to place at least one polling site in a location chosen by the tribal government.  Attorney General Holder said the Justice Department would begin consulting with tribal authorities about the concept, and following consultations, would seek to cooperate with Congress on enacting the potential proposal.

Attorney General Holder said action was necessary to confront the range of factors that have contributed to the reduced voting access experienced by American Indians and Alaska Natives.  Those factors include inaccessible polling places in tribal areas, English-only ballots for areas with limited English proficiency, and "precinct realignment" practices that attempt to combine geographically isolated Native communities.

“These conditions are not only unacceptable, they’re outrageous,” said Attorney General Holder.  "As a nation, we cannot, and we will not, simply stand by as the voices of Native Americans are shut out of the democratic process.  I am personally committed to working with tribal authorities – and with Congress – to confront disparities and end misguided voting practices once and for all.”

Attorney General Holder made the remarks in his weekly video message, which was posted on the Justice Department’s website.

Later today, Associate Attorney General Tony West will expand on this announcement in his remarks at the National Congress of American Indian Mid-year Conference in Anchorage, Alaska.  In his remarks, Associate Attorney General West will denounce the use of discriminatory practices used to prevent certain groups from participating in the voting process and further discuss the need to take critical next steps to tackle disenfranchisement among Indian Americans and Alaska Natives.

“Our proposal would give American Indian and Alaska Native voters a right that most other citizens take for granted: a polling place in their community where they can cast a ballot and receive voter assistance to make sure their vote will be counted,” Associate Attorney General West will say in his remarks.  “We take this step because voting is a legal right we guarantee to our citizens.  We do it because it is right. And we do it because our shared history compels no less.”

The complete text of Attorney General Holder’s video message is copied below:

“At every level of our nation’s Department of Justice, my colleagues and I are firmly committed to protecting the voting rights of every eligible American.  Unfortunately, when it comes to exercising this fundamental right, many individuals and communities face significant obstacles.  And this is particularly true among American Indian and Alaska Native populations.

“All too often, tribal communities must contend with inaccessible polling places, reduced voting hours – and even requirements for mail-in, English-only ballots in places with low literacy rates and limited English proficiency.  In some areas in Alaska, for example, state election officials have engaged in “precinct realignment” practices that combine two or more geographically isolated Native communities that are accessible to one another only by air or boat.  For some voters, this means that casting a ballot would require them to cross a body of water or a mountain range that’s impassable on a snowy November Election Day.

“Let me be clear: these conditions are not only unacceptable – they’re outrageous.  As a nation, we cannot – and we will not – simply stand by as the voices of Native Americans are shut out of the democratic process.  And I am personally committed to working with tribal authorities – and with Congress – to confront disparities and end misguided voting practices once and for all.

“As Attorney General, I support taking whatever steps are necessary to guarantee that voters have access to polling places on Indian reservations and in Alaska Native villages.  One idea in this regard would be federal legislation requiring any state or local election administrator whose territory includes all or part of an Indian reservation, an Alaska Native village, or other tribal lands to locate at least one polling place in a venue selected by the tribal government.  In other words, we suggest that each tribe in the nation should have at least one polling place in a location of its choice.  To consider this idea, the Justice Department will officially enter into formal consultations with sovereign tribes.  If the tribes support it, the department will formally propose legislation to Congress and work to enact it.

“For decades upon decades, American Indians and Alaska Natives have faced a distinctive history of discrimination that has adversely affected their right to vote.  As I made clear last November – at a White House Tribal Nations Conference in Washington – this Department of Justice and this Administration will never waver in our commitment to tribal sovereignty and self-determination.  Today, we’re taking a critical step to make good on that commitment.  And we’re reaffirming our dedication to expanding the ability of native peoples to exercise their most fundamental rights, to chart their own courses, and to build the better and brighter futures that they and their children deserve.”

CITY OF AUSTIN SETTLES EMPLOYMENT DISCRIMINATION ALLEGATIONS WITH DOJ

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, June 9, 2014
Justice Department Settles Employment Discrimination Allegations Against City of Austin

The Department of Justice announced today that it has entered into and filed a consent decree that, if approved by the court, will resolve the department’s allegations that the city of Austin violated Title VII of the Civil Rights Act of 1964 by discriminating against African-American and Hispanic applicants for entry-level firefighter positions at the Austin Fire Department (AFD).

Title VII’s prohibitions of discrimination in employment forbid not only intentional discrimination, but also the use of employment practices, such as written tests, that result in disparate impact against any group based on the race, color, sex, national origin or religion of that group’s members, unless an employer can prove that such practices are job related and consistent with business necessity.  Absent such proof, those practices do not identify the best qualified candidates and violate the law.  The complaint, filed along with the consent decree in the U.S. District Court for the Western District of Texas in Austin, alleges that in 2012, the city used a written test that disproportionately eliminated African-Americans and Hispanics from the hiring process, and that Austin cannot demonstrate that its use of the test was job related and consistent with business necessity.  Similarly, the complaint alleges that Austin’s method of weighting the 2012 assessments and processing candidates in descending rank order by composite score had an adverse impact on individuals in these protected groups who passed the written test, and that this practice was also not job related or consistent with business necessity.  The United States has challenged the hiring process Austin planned to use for these positions in 2013 as well.

The Justice Department, along with the city of Austin, filed a joint motion today requesting that the court provisionally approve the consent decree executed by the parties and schedule an initial fairness hearing regarding the terms of the consent decree.

The consent decree requires that Austin no longer use the selection practices challenged by the United States in screening and selecting candidates for the AFD’s entry-level firefighter positions.  The decree requires that Austin develop a new, lawful selection procedure that complies with Title VII, and also requires that the city pay $780,000 in back pay to entry-level firefighter applicants who were harmed by the 2012 hiring practice challenged by the United States and who are determined to be eligible for relief.  Additionally, African-American and Hispanic applicants determined to be eligible for relief under the decree will be eligible for one of 30 priority appointments to an entry-level firefighter position with the AFD.  All applicants must pass the new, lawful selection procedure and other lawful selection procedures in order to be considered for priority hire relief.  African-American and Hispanic applicants who are offered priority hire relief are also eligible for retroactive seniority.

“The Department of Justice will not permit employers to use screening and selection devices that adversely affect any protected group unless those devices are shown to properly distinguish between qualified and unqualified applicants,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The department commends Austin for its efforts to address these issues and to ensure that effective, Title VII-compliant selection practices are put into place.”

The department and the U.S. Equal Employment Opportunity Commission (EEOC) each investigated the AFD’s hiring practices.  Today’s proposed resolution was made possible in part through collaboration between the department and the San Antonio Field Office of the EEOC.

More information about Title VII and other federal employment laws is available on the Department of Justice website.

FTC CHARGES SUPPLEMENT MARKETERS WITH MAKING DECEPTIVE CLAIMS

FROM: U.S. FEDERAL TRADE COMMISSION 
Supplement Marketers Settle FTC Charges that “BrainStrong Adult” Memory Improvement Claims Are Deceptive

Supplement marketers i-Health, Inc. and Martek Biosciences Corporation have agreed to settle FTC charges of deceptive advertising for claiming that their BrainStrong Adult dietary supplement will improve adult memory and prevent cognitive decline. The complaint also alleges the marketers falsely claimed they had clinical proof that BrainStrong Adult improves adult memory.

“Supplement marketers must ensure that adequate scientific proof supports their specific advertising claims,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.  “When the results of a scientific study don’t match the hype, consumers are likely to be misled.”

Since at least March 2011, i-Health and Martek have sold BrainStrong Adult for about $30 for a 30-day supply at major retail stores, including CVS Pharmacy, Walmart, Walgreens, and Rite Aid; and online through drugstore.com and Amazon.com.  They advertised the product – which contains the Omega-3 fatty acid DHA – on television, on Twitter, and at brainstrongdha.com.

In the television ad, a woman forgets why she walked into a room. Through a voice over, her dog tells the audience she is there to find her sunglasses, which are sitting on top of her head.  Another voice over then asks, “Need a memory boost?  Introducing BrainStrong…Clinically shown to improve adult memory.”

The proposed administrative settlement covers any dietary supplement, food, or drug promoted to prevent cognitive decline or improve memory, or containing DHA. It bars the companies from claiming that any such product prevents cognitive decline or improves memory in adults unless the claim is truthful and supported by human clinical testing. The settlement also prohibits claims about the health benefits, performance, safety, or effectiveness of these products unless the claims are backed up by competent and reliable scientific evidence. Finally, the companies cannot claim they have clinical proof to support their claims when they do not.

For consumer information see: What’s in a health claim? Should be a healthy dose of proof.

The Commission vote to accept the agreement containing the proposed consent order for public comment was 3-1-1, with Commissioner Ohlhausen voting no, and Commissioner McSweeny not participating. Chairwoman Ramirez and Commissioner Brill issued a joint concurring statement, Commissioner Wright issued a separate concurring statement, and Commissioner Ohlhausen issued a dissenting statement.

The FTC will publish a description of the consent agreement in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through July 9, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in “Supplementary Information” section of the Federal Register notice. Comments should be submitted electronically using this form. Instructions for submitting comments in paper form are listed in the “Accessibility” portion of the form.

NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

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.

GLIAL CELLS AND THE BRAIN

FROM:  NATIONAL SCIENCE FOUNDATION 
The beautiful brain cells you don't know about
Hint: They're not neurons

The number of nerve cells in the human brain sounds impressive: 100 billion. And it is.

But neurons may make up as little as 15 percent of cells in the brain. The other cells are called glial cells, or glia.

Glia are the rising stars of the neuroscience universe. Once delegated to simply a supporting role for neurons, these cells are now thought to play an important part in early brain development, learning and memory.

A 2013 workshop funded by the National Science Foundation (NSF) enabled researchers who study learning and memory to get together (many for the first time) and reconsider glia's function.

"It was paradigm-shifting," said R. Douglas Fields, a neurobiologist at the National Institutes of Health and meeting organizer. "Everyone left enthused about the enormous potential for understanding brain function, especially learning and memory by studying how all the cells in the brain work together, rather than focusing exclusively on neurons."

In fact, Fields and other brain researchers who specialize in glia have since called for a greater focus on non-neuronal cells as part of the BRAIN Initiative, a collaborative research project announced by the Obama administration in April 2013.

When you learn something, how to catch a ball or use an equation, information is transmitted along the spindly arms of neurons via electrical signals. At the same time, glia called oligodendrocytes work to insulate these particular arms with a fatty substance called myelin so the information flows more efficiently.

Some studies show that glial cells known as astrocytes may have an even more active role in learning. Astrocytes may release chemicals that strengthen newly formed connections between neurons, making it more likely you'll be able to remember a new face, or the name of your co-worker's beloved golden retriever.

Understanding how we learn requires that scientists and engineers take a holistic approach to brain research.

NSF-funded research centers such as the Center of Excellence for Learning in Education, Science and Technology and the Temporal Dynamics of Learning Center integrate experimentation, modeling and technical application to help us understand what's really going on inside the brain. And to use that knowledge to educate students and to build intelligent technologies.

-- Sarah Bates, NSF

Monday, June 9, 2014

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JUNE 9, 2014

FROM:  U.S. DEFENSE DEPARTMENT 

CONTRACTS
ARMY

Dell Federal Systems L.P., Round Rock, Texas (91QUZ-07-D-0006, MOD P00019); IBM Corp., Bethesda, Maryland (W91QUZ-07-D-0007, MOD P00017); Unicom Government, Inc., Herndon, Virginia (W91QUZ-07-D-0008, MOD P00017); CDW Government LLC, Vernon Hills, Illinois (W91QUZ-07-D-0009, MOD P00022); Iron Bow Technologies, LLC, Chantilly, Virginia (W91QUZ-07-D-0010, MOD P00024); and World Wide Technology, Inc., Maryland Heights, Missouri (W91QUZ-07-D-0011, MOD P00019), were awarded a $774,000,000 modification to their existing contracts for the Information Technology Enterprise Solutions - 2 Hardware, which encompasses all requirements for information technology, including hardware, software and related incidental services for providing end-to-end solutions. Funding and work locations will be determined with each order. The estimated completion date is June 23, 2015. Army Contracting Command, Rock Island Arsenal, Illinois, is the contracting activity.
Miltec Corp., Huntsville, Alabama, was awarded a $44,000,000 cost-plus-fixed-fee contract with options for labor, material, travel for research and development for the Advanced Hypersonic Weapon - Technology Demonstration for Space and Missile Defense Command, with an estimated completion date of June 5, 2019. Work will be performed in Huntsville, Alabama. Fiscal 2013 research, development, testing and evaluation funds in the amount of $10,786,000 were obligated at the time of the award. Bids were solicited via the Internet with one received. Army Space and Missile Defense Command is the contracting activity (W9113M-14-C-0015).

A-T Solutions, Fredericksburg, Virginia, was awarded a $23,889,413 modification (P00004) to contract W911S0-13-C-0009 to exercise option one for the Asymmetric Warfare Group (AWG) operations support requirement. Option one will provide personnel, expertise and the skills required to support AWG’s mission to Army and joint forces worldwide to predict, mitigate, counter, and defeat asymmetric and emerging hybrid threats. Fiscal 2014 operations and maintenance funds in the amount of $6,847,926 and fiscal 2014 other procurement funds in the amount of $17,041,487 were obligated at the time of the award. Estimated completion date is June 14, 2015. Work will be performed at Fort Meade, Maryland. Army Contracting Command, Fort Eustis, Virginia, is the contracting activity.

Raass Brothers, Inc., Provo, Utah, was awarded a $9,540,270 firm-fixed-price contract with options for constructing B-52 munitions storage igloos at Minot Air Force Base, North Dakota, with an estimated completion date of Nov. 30, 2015. Bids were solicited via the Internet with 10 received. Fiscal 2010 military construction funds in the amount of $1,891,908 and fiscal 2014 military construction funds in the amount of $7,648,362 are being obligated at the time of the award. U.S. Army Corps of Engineers, Omaha, Nebraska, is the contracting activity (W9128F-14-C-0009).

NAVY

General Dynamics National Steel and Shipbuilding Co., San Diego, California, is being awarded a not-to-exceed $64,056,766 modification under a previously awarded contract (N00024-09-C-2229) to procure advance material for the Mobile Landing Platform 4 Afloat Forward Staging Base platform. This action allows the procurement of ship sets for the purchase specifications supporting integrated propulsion, main diesel generator engines, propeller and shafting, integrated bridge, and voice communications. Work will be performed in Pittsburgh, Pennsylvania (38 percent); Beloit, Wisconsin (37 percent); San Diego (15 percent), Chesapeake, Virginia (9 percent); and Deerfield, Florida (1 percent), and is expected to be completed by March 2017. Fiscal 2014 ship conversion (Navy) funds in the amount of $48,042,574 will be obligated at time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity.
Science Applications International Corp., McLean, Virginia (N00421-10-D-0016); Booz Allen Hamilton, Inc., McLean, Virginia (N00421-10-D-0017); Engility Corp., Chantilly, Virginia (N00421-10-D-0018); and National Technologies, Inc., Alexandria, Virginia (N00421-10-D-0019), are each being awarded modifications to previously awarded indefinite-delivery/indefinite-quantity multiple award contracts to exercise options for business financial management and program, and business analysis services in support of the Naval Air Warfare Center Aircraft Division (NAWCAD). A not-to-exceed shared ceiling of $10,553,653 exists for the ordering period, and each contractor will be provided a fair opportunity to compete for individual task orders. Work will be performed at NAWCAD Patuxent River, Maryland (89.9 percent), and NAWCAD Lakehurst, New Jersey (10.1 percent), and is expected to be completed in June 2015. No funding will be obligated at time of award; funds will be obligated on individual task orders as they are issued. The Naval Air Warfare Center Aircraft Division, Patuxent River, Maryland, is the contracting activity.

AH Environmental Consultants, Inc.*, Newport News, Virginia, is being awarded a maximum amount $10,000,000 firm-fixed-price, indefinite-delivery/indefinite-quantity architect-engineering contract for environmental consulting services located in the Naval Facilities Engineering Command (NAVFAC) Southeast area of responsibility (AOR). The work to be performed provides for professional architect-engineering services for potable water, wastewater, stormwater, spill control and other related miscellaneous environmental services, to include various forms of support for these environmental programs. All work on this contract will be performed at various activities in the NAVFAC Southeast AOR. The term of the contract is not to exceed 60 months with an expected completion date of June 2019. Task order 0001 is being awarded at $71,935 for a sanitary survey at Naval Air Station Joint Reserve Base New Orleans, Louisiana. Work for this task order is expected to be completed by December 2014. Fiscal 2014 operation and maintenance (Navy) contract funds in the amount of $71,935 are obligated on this award and will expire at the end of the current fiscal year. This contract was competitively procured via the Navy Electronic Commerce Online website, with 14 proposals received. The Naval Facilities Engineering Command, Southeast, Jacksonville, Florida, is the contracting activity (N69450-14-D-0029).
Navmar Applied Sciences Corp.,* Warminster, Pennsylvania, is being awarded a $7,958,350 modification to a previously awarded firm-fixed-price contract (N68335-12-C-0353) to exercise an option for the procurement of logistic services and mission travel in support of the TigerShark Persistent Surveillance Unmanned Aerial System Air Vehicles. Work will be performed in Afghanistan (92 percent), and Warminster (8 percent), and is expected to be completed in June 2015. Fiscal 2014 operations and maintenance (Army) funds in the amount of $7,958,350 are being obligated on this award, all of which will expire at the end of the current fiscal year. The Naval Air Warfare Center Aircraft Division, Lakehurst, New Jersey, is the contracting activity.

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

Aurora Flight Sciences Corporation, Manassas, Virginia, has been awarded a $10,457,663 modification (P00003) exercising the first option period on a seven-month base contract (HR0011-14-C-0014), with one 16-month option period. The contractor shall provide the personnel, equipment, materials, tools, facilities, and program management and technical effort to design, develop, integrate, test, and deliver the contractual requirements of the program for building two X-Plane aircraft. This is a cost-plus-fixed-fee contract. Locations of performance are Manassas, Virginia (81 percent); Indianapolis, Indiana (13 percent); Tucson, Arizona (1 percent); and Ventura, California (5 percent), with an Oct. 10, 2015, performance completion date. Type of appropriation is fiscal 2014 through fiscal 2015 research, development, test and evaluation in the amount of $10,457,663. The contracting activity is the Defense Advanced Research Projects Agency, Arlington, Virginia.

DEFENSE LOGISTICS AGENCY

Raytheon Company, McKinney, Texas, has been awarded a maximum $8,735,016 firm-fixed-price contract for receiver exciters. This contract was a sole-source acquisition. This is a 30-month base contract with no option periods. Location of performance is Texas with a Dec. 31, 2016, performance completion date. Type of appropriation is Navy working capital funds. The contracting activity is the Defense Logistics Agency Aviation, Philadelphia, Pennsylvania (SPRPA1-14-G-001X-1010).

UPDATE: Harlan Global Manufacturing LLC,* Kansas City, Kansas (SPE8EC-14-D-0020), has been added as an awardee to the multiple award contract issued against solicitation #SPM8EC-11-R-0001 announced Aug. 1, 2011.
*Small business

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