Monday, November 3, 2014

AG HOLDER DISPATCHES POLL MONITORS TO HELP PREVENT VOTER DISCRIMINATION

FROM:  U.S. JUSTICE DEPARTMENT
Monday, November 3, 2014
Ahead of Election Day, Attorney General Holder Dispatches Federal Poll Monitors to Aid in Efforts to Prevent Voter Discrimination

In an effort to reaffirm the Justice Department’s commitment and responsibility to protect eligible Americans from discrimination at the ballot box, Attorney General Eric Holder released a video today to announce that the Department of Justice will send federal monitors to 18 states across the country.  These monitors will be on the ground gathering information on numerous aspects of local election procedures including voter discrimination, resources for bilingual voters, and adequate services for individuals with disabilities.

“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction,” said Attorney General Holder in a video message recorded for the Justice Department’s website.  “Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups.  Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.”

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

“One of the Justice Department’s most sacred responsibilities is ensuring access to the ballot box for every eligible American.  Over the last six years, my colleagues and I have taken robust action to safeguard this fundamental right: challenging unnecessarily restrictive proposals like certain voter ID laws; advocating for accessible polling places in remote and underserved communities; and fighting back against redistricting proposals and early voting limits that may prevent many Americans from making their voices heard.

“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction.  Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups.  Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.

“These officials will gather information on numerous aspects of local election procedures, including whether voters are treated differently depending on their race or color; whether jurisdictions are adequately serving individuals with disabilities; whether jurisdictions are complying with the provisional ballot requirements of the Help America Vote Act; and whether jurisdictions are complying with the Voting Rights Act’s requirement to provide bilingual election materials and assistance in areas of need.

“The integrity of our elections, and the ability of our citizens to access the franchise, are fundamental to who we are – both as a nation and as a people.  That’s why, last year, President Obama established a bipartisan Presidential Commission on Election Administration to recommend a series of steps to make it simpler to cast a ballot.  The Commission’s recommendations included expanding online voter registration and early balloting, updating electronic voting equipment, and making polling places more accessible.  The Commission also suggested that bilingual poll workers should be available at any polling place with a significant number of voters who do not speak English.

“These are promising – and necessary – reforms, and I call upon jurisdictions across the country to adopt them.  In the meantime, we must also ensure that the way we administer the laws currently on the books is appropriate, and lives up to our highest values.  Making it more difficult to vote with restrictive measures like burdensome voter ID laws is out of step with our history.

“So I call on election officials and poll workers around the country to consider, as they perform their duties, the importance of the responsibilities that they are working to fulfil.  I encourage every citizen of this country to remember the sacrifices made by generations of patriots to expand and ensure the franchise.  And I urge all eligible Americans – no matter their party affiliation or political views – to exercise their own sacred duty to cast a ballot, to make their voices heard, and to contribute to the direction of our great democracy.”

NSF FUNDS SIMULATIONS TO TRAIN STUDENTS IN CYBERSECURITY

FROM:  NATIONAL SCIENCE FOUNDATION 
Cybersecurity: It's about way more than countering hackers
Growing professionals in cybersecurity means supporting an interdisciplinary approach that develops sophisticated thinkers

It's tense in the situation room. A cyber attack on the electrical grid in New York City has plunged Manhattan into darkness on a day that happens to be the coldest in the year. Concurrently, the cellular phone network has been attacked, silencing smartphones and sowing confusion and panic. A foreign power has claimed responsibility for the attacks and says more are coming. Your job is to look at geopolitical factors, intelligence feeds, military movements and clues in cyberspace to predict what may be happening next. Your goal is to make a recommendation to the President.

This scenario is thankfully not real, but it is the kind of simulation planned for students in the cybersecurity program at California State University, San Bernardino (CSUSB). With funding from the National Science Foundation's (NSF) CyberCorps®: Scholarships for Service (SFS) program, undergraduate and graduate students take an interdisciplinary approach to cybersecurity.

"We provide an environment where business students can work with engineers on drones, and students from political science can work on predictive modeling," said Principal Investigator (PI) Tony Coulson. "Our students can major in business, public administration, criminal justice, computer science, intelligence, all with cyber security as an option. We produce students who can problem-solve--people who can understand politics and finance as well as computer science."

Cybersecurity is a field that has received a lot of attention in recent years because of hacking episodes that have compromised networks, and in turn, the personal information of citizens who depend on a safe cyberspace to do such activities as banking and shopping. Following such a breach, attention is generally focused on identifying the hackers and their methods.

Among the options for students supported through San Bernardino's SFS program is being educated in cyber intelligence to deal proactively with cyber threats--to predict malicious behavior before it happens. Doing so draws not only on a background in computer and information science, but also on an understanding of human behavior and psychology and the political and economic environment. About 50 students have gone through the program, including completing internship requirements, and Coulson reports 100 percent placement with employers.

"The San Bernardino project is one of 166 active projects around the country fully or partly funded by SFS," said SFS Lead Program Director Victor Piotrowski. "Cybersecurity is a dynamic and evolving field, and the country needs talented people with the skills to protect U.S. interests around the world. Through SFS, we prepare students for high-paying careers in government, and increase the capacity of institutions to offer quality course work in this area."

A condition of students' receiving support through SFS is that they put their skills to work in a government agency for a period equal to the duration of their scholarship. Coulson says that after completing the program at CSUSB, students often have to choose from multiple offers. The program boasts having students placed in many areas of government.

"CSUSB students have a depth of skills and often pick their dream jobs," said Coulson, including a student who got a job at his first-choice agency--the National Archives.

San Bernardino is a poor community, and the good jobs available to SFS graduates can make a huge difference to them and their families. To promote their success in finding and keeping employment, the professional development offered to students goes beyond their academic work to include business etiquette, mentoring, how to succeed at an internship, and how to conduct oneself successfully in an office. The goal is to produce a graduate ready to be hired.

In addition to traditional essay-based projects, students have to complete a very hands-on final exam, requiring that they pick locks and use digital and biometric information to hack into a network. According to Coulson, they enjoy the challenge.

Along with running the SFS project, Coulson is co-PI on another NSF-supported project, CyberWatch West, funded through the Advanced Technological Education program (ATE).

"Despite Silicon Valley being on the West coast, and California having the largest population of community colleges in the country, there are very few cybersecurity programs here," said Coulson.

So CyberWatch West aims to help community colleges, K-12 schools and universities link together in 13 western states to develop faculty and students in cybersecurity. The project is a resource for faculty to identify curriculum pathways and outreach, find mentors and engage students in competitions, events and presentations.

"There's such a need in the Los Angeles and Orange County areas," said Coulson. There are something like 2,500 open positions, and we're graduating 200 kids."

Bringing together cybersecurity, law and digital forensics

Also responding to the need for a cybersecurity workforce prepared to deal with today's complex problems is an SFS project for undergraduates and graduate students at the University of Illinois, Urbana-Champaign (UIUC). The project has graduated 25 students who are already working in government (reflecting another 100 percentage placement rate), and another 20 are set to graduate next May.

Since last year, this project offers scholarships to law students as well as engineering and computer science students. According to PI Roy Campbell, few lawyers understand cybersecurity and few computer scientists understand the legal framework involved in prosecuting and preventing cyber crimes.

The first law student to be accepted in the program, Whitney Merrill, is a recent law school graduate currently practicing as an attorney while completing her master's in computer science at UIUC. She found the combination of cybersecurity and law in the UIUC program to be valuable.

"The two fields are fiercely intertwined," said Merrill. "Understanding both fields allows me to better serve and advocate for my clients. Additionally, I hope to be able to help the two communities more effectively communicate with each other to create tools and a body of law that reflects accurately an understanding of both law and technology."

Merrill found the program challenging at first.

"But my interest and love for the subject matter made the challenging workload (29 credits last semester) enjoyable," she added. "Working towards a mastery in both fields has also helped me to spot legal issues where I would not have before."

Next summer Merrill will be working as a summer intern at the Federal Trade Commission in their Division of Privacy and Identity Protection. She graduates in December 2015.

With additional NSF support, a new related program in digital forensics at UIUC has the goal of building a curriculum that will teach students about cybersecurity in the context of the law enforcement, the judicial system, and privacy laws.

"Digital forensics is not the sort of area a computer scientist can just jump into," Campbell said. "It's not just malware or outcropping of hacking techniques. It has to be done in a deliberate way to produce evidence that would be acceptable to courts and other entities."

Co-PI Masooda Bashir says digital forensics gets to the heart of the multidisciplinary nature of cybersecurity.

"If you think about the amount of digital information that is being generated, exchanged, and stored daily you begin to understand the impact that the field of Digital Forensics is going to have in the coming years, " she said. "But Digital Forensics (DF) is not only a technical discipline, but a multidisciplinary profession that draws on a range of other fields, including law and courtroom procedure, forensic science, criminal justice and psychology."

She added, " I believe it is through integration of such relevant nontechnical disciplines into the DF education we can help students develop the comprehensive understanding that they will need in order to conduct examinations and analyses whose processes and findings are not just technically sound, but legal, ethical, admissible in court, and otherwise effective in achieving the desired real-world goal."

As the new program evolves, Masooda is drawing on her background as a computer scientist/psychologist to add the psychology of cybercrime to the curriculum. She's also working on a project examining cybersecurity competitions to understand their impact on the cybersecurity workforce and also to better understand the psychological factors and motivations of cyber security specialist and hackers.

Students with an interest in cybersecurity can start planning now

The U.S. Office of Personnel Management maintains a website where students can get information of SFS and the institutions that are participating in it. Meanwhile, PIs can update their project pages and agency officials can check resumes for students with the qualifications they need.

In the evolving field of cybersecurity, individuals with technical skills and knowledge of the social and legal context for what they do will continue to be highly desirable workers

SUN GLINTS OFF TITAN'S POLAR SEAS

FROM:  NASA 



This near-infrared, color mosaic from NASA's Cassini spacecraft shows the sun glinting off of Titan's north polar seas. While Cassini has captured, separately, views of the polar seas (see PIA17470) and the sun glinting off of them (see PIA12481 and PIA18433) in the past, this is the first time both have been seen together in the same view. The sunglint, also called a specular reflection, is the bright area near the 11 o'clock position at upper left. This mirror-like reflection, known as the specular point, is in the south of Titan's largest sea, Kraken Mare, just north of an island archipelago separating two separate parts of the sea. This particular sunglint was so bright as to saturate the detector of Cassini's Visual and Infrared Mapping Spectrometer (VIMS) instrument, which captures the view. It is also the sunglint seen with the highest observation elevation so far -- the sun was a full 40 degrees above the horizon as seen from Kraken Mare at this time -- much higher than the 22 degrees seen in PIA18433. Because it was so bright, this glint was visible through the haze at much lower wavelengths than before, down to 1.3 microns. The southern portion of Kraken Mare (the area surrounding the specular feature toward upper left) displays a "bathtub ring" -- a bright margin of evaporate deposits -- which indicates that the sea was larger at some point in the past and has become smaller due to evaporation. The deposits are material left behind after the methane & ethane liquid evaporates, somewhat akin to the saline crust on a salt flat. The highest resolution data from this flyby -- the area seen immediately to the right of the sunglint -- cover the labyrinth of channels that connect Kraken Mare to another large sea, Ligeia Mare. Ligeia Mare itself is partially covered in its northern reaches by a bright, arrow-shaped complex of clouds. The clouds are made of liquid methane droplets, and could be actively refilling the lakes with rainfall. The view was acquired during Cassini's August 21, 2014, flyby of Titan, also referred to as "T104" by the Cassini team. The view contains real color information, although it is not the natural color the human eye would see. Here, red in the image corresponds to 5.0 microns, green to 2.0 microns, and blue to 1.3 microns. These wavelengths correspond to atmospheric windows through which Titan's surface is visible. The unaided human eye would see nothing but haze, as in PIA12528. The Cassini-Huygens mission is a cooperative project of NASA, the European Space Agency and the Italian Space Agency. JPL, a division of the California Institute of Technology, Pasadena, manages the mission for NASA's Science Mission Directorate in Washington. The VIMS team is based at the University of Arizona in Tucson.  Image Credit: NASA/JPL-Caltech/University of Arizona/University of Idaho.

DOD VIDEO: NATIONAL GUARD RESPONDS TO LAVA FLOW




FTC ALLEGES GERBER FALSELY ADVERTISED GOOD START GENTLE FORMULA PRODUCTS

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Charges Gerber with Falsely Advertising Its Good Start Gentle Formula Protects Infants from Developing Allergies

The Federal Trade Commission has charged Gerber Products Co., also doing business as Nestlé Nutrition, with deceptively advertising that feeding its Good Start Gentle formula to infants with a family history of allergies prevents or reduces the risk that they will develop allergies.

The agency also alleges that Gerber has falsely advertised Good Start Gentle’s health claims as FDA-approved. Through its federal court enforcement action, the Commission is seeking to prohibit Gerber from making the alleged false and unsubstantiated allergy-prevention claims.

“Parents trusted Gerber to tell the truth about the health benefits of its formula, and the company’s ads failed to live up to that trust,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Gerber didn’t have evidence to back up its claim that Good Start Gentle formula reduces the risk of babies developing their parents’ allergies.”

In its complaint, the FTC alleges that since 2011, Gerber has advertised its Good Start Gentle formula through advertisements that ran on television, in magazines, at point-of-sale displays, online, and in other promotional material. Good Start Gentle sells for about $24 for a 23.2-ounce package of powdered formula.

Good Start Gentle is made with partially hydrolyzed whey proteins (PHWP). Gerber claims that feeding babies this formula, instead of formula made with intact cow’s milk proteins, will prevent or reduce the risk that they will develop allergies. In its ads, Gerber promotes Good Start Gentle by saying, for example:

“You want your baby to have your imagination…Your smile…Your eyes…Not your allergies.”
Also, a sticker on the package states that Good Start Gentle Formula is the:

“1st & ONLY Routine Formula TO REDUCE THE RISK OF DEVELOPING ALLERGIES.”
The agency’s complaint charges that Gerber lacked the scientific substantiation to make these general allergy-prevention claims, in violation of the FTC Act.

In addition, according to the FTC, Gerber’s ads also misrepresent that Good Start Gentle has qualified or received approval for a Food and Drug Administration health claim. For example, some ads prominently featured a gold badge stating that Good Start Gentle is the “1st and Only” formula that “Meets FDA Qualified Health Claim.”

In 2009, Gerber petitioned the FDA for permission to make a claim connecting PWHP with the reduced risk of one type of allergy, atopic dermatitis, in infants. The FDA allowed Gerber to make the narrow claim but only if Gerber carefully qualified its statement to make it clear that there is “little scientific evidence” for the relationship.

The Commission vote authorizing staff to file the federal court complaint was 5-0. The complaint was filed in the U.S. District Court for the District of New Jersey on October 29, 2014.

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.

OPERATION KINGDOM CONQUEROR SENDS 11 MEN TO PRISON FOR ROLES IN CHILD EXPLOITATION

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, October 29, 2014
Eleven Men Sentenced to Prison in Connection with International Child Exploitation Enterprise

Eleven men have been sentenced to federal prison for their roles in an international child pornography network operated online, which was targeted by state and federal investigators and prosecutors participating in Operation Kingdom Conqueror.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Michael W. Cotter of the District of Montana and Special Agent in Charge Mary Rook of the FBI’s Salt Lake City Division made the announcement.

According to court documents, in November 2009, an early participant in the conspiracy designed and created an online bulletin board that allowed members to exchange images, including child pornography.  As the conspiracy progressed, additional members contributed to the design and operations of the board.  Between Nov. 6, 2009, and March 19, 2012, members of the conspiracy used the online bulletin board to share pictures and videos of children engaged in sexually explicit conduct.  During that same time period, the participants agreed to use the online bulletin board to solicit additional images of child pornography, which they would then share and broadcast on the Internet.  Thirteen defendants have been charged and convicted for their participation in this child pornography network.

The following defendants pleaded guilty in April 2014 to conspiracy to advertise child pornography and were sentenced by U.S. District Judge Donald W. Molloy of the District of Montana:

Tony Bronson, 53, of Gary, Indiana, was sentenced to serve 224 months on Oct. 28, 2014.

Charles Crosby, 43, of Trenton, New Jersey, was sentenced to serve 210 months in prison on Oct. 23, 2014.

Steve Humiston, 57, of Tacoma, Washington, was sentenced to serve 210 months in prison and ordered to pay a $5,000 fine on Oct. 23, 2014.

John Johnson, 58, of Locust Grove, Virginia, was sentenced to serve 180 months in prison on Oct. 22, 2014.

Robert Krise, 66, of Gaithersburg, Maryland, was sentenced to serve 180 months in prison on Oct. 22, 2014.

Scott Long, 53, of Portland, Oregon, was sentenced to serve 200 months in prison on Oct. 21, 2014.

Ian Nosek, 42, of Charlottesville, Virginia, was sentenced to serve 216 months in prison on Oct. 23, 2014.

Phillip Morris, 42, of Jeffersonville, Indiana, was sentenced to serve 216 months in prison on Oct. 22, 2014.

Joseph Purificato, 23, of Mount Vernon, Missouri, was sentenced to serve 180 months in prison on Oct. 28, 2014.

Paul Wencewicz, 48, of Polson, Montana, was sentenced to serve 200 months in prison on Oct. 21, 2014.

Jeffrey Woolley, 53, of Nicholasville, Kentucky, was sentenced to serve 180 months in prison and ordered to pay a $5000 fine on Oct. 28, 2014.

All of the defendants were ordered to forfeit their computers and storage devices. Purificato received a 10-year term of supervised release following his prison sentence.  All other defendants received lifetime terms of supervised release.  All defendants are required to pay $29,859 restitution.

Two additional defendants, Joshua Peterson, 45, of Prescott, Arizona, and Steven Grovo, 35, of Shirley, Massachusetts, were found guilty of participating in a child exploitation enterprise and a conspiracy to advertise child pornography on Oct. 9, 2014.  Both men are scheduled to be sentenced on Jan. 22, 2015, in Missoula, Montana.

The investigation, referred to as Operation Kingdom Conqueror, is an ongoing cooperative effort between the Criminal Division’s Child Exploitation and Obscenity Section, FBI, Montana Department of Criminal Investigations, Helena and Polson Police Departments, Immigration and Customs Enforcement’s Homeland Security Investigations, Montana Internet Crimes Against Children Task Force, and the States of Jersey Police Department, Isle of Jersey.

Trial Attorney Maureen C. Cain of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Cyndee L. Peterson of the District of Montana prosecuted the case.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children.  Through a network of federal, state, and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation.  It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force.  The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

NSC SPOKESPERSONS STATEMENT MEETING WITH YEZIDI LEADERS ON ISIL

FROM:  THE WHITE HOUSE  
October 31, 2014
Statement by NSC Spokesperson Bernadette Meehan on Deputy National Security Advisor for Strategic Communications Benjamin Rhodes’ Meeting with Yezidi Leaders

Deputy National Security Advisor for Strategic Communications Ben Rhodes met today at the White House with Baba Sheikh Khurto Hajji Ismail – the leader of the Yezidi Supreme Religious Council – and other leaders of the Iraqi Yezidi community to discuss the ongoing threat to the community from ISIL and to provide an update on coalition efforts to counter ISIL in Iraq. Mr. Rhodes condemned ISIL’s ongoing attacks on the Yezidi community and other religious minorities in northern Iraq, including Christians, Turkmen, and Shabak, as well as their perpetration of bombings in Shi’a areas and massacre of Sunnis. On behalf of the President, he offered condolences for those who lost their lives in the violence of the past few months in Ninawa province and elsewhere.

Mr. Rhodes thanked the participants for relaying the latest information on the humanitarian situation of the thousands of Yezidi refugees who fled during the ISIL assault on Mount Sinjar over the summer. As part of the military campaign, Mr. Rhodes noted that the coalition had conducted airstrikes against ISIL positions around Mount Sinjar in recent days. He underscored that ISIL’s continued acts of abuse, kidnapping, torture, forced conversion, horrific violence against women and girls, and murder only further serve to highlight the group’s inhumanity and reinforce the international community’s resolve to counter this common threat. Mr. Rhodes urged all Iraqis, including Iraqi Security Forces, Kurdish Peshmerga, tribes, and minority and vulnerable communities to work together to counter the common ISIL enemy. He also discussed plans by the Iraqi Government to develop a National Guard in which communities could help provide for their own security.

Mr. Rhodes reiterated the United States’ commitment to the safety and security of the Yezidi community within a unified and pluralistic Iraq. He noted the recent positive steps in the formation of an Iraqi government under the leadership of Prime Minister Abadi and stressed continued U.S. support for the development of a national program in Iraq that addresses the interests and desires of all its communities. He pledged continued humanitarian assistance for those who have been displaced inside Iraq, including the Yezidi population, and expressed our determination to provide support for Yezidi women and girls who have faced terrible abuse from ISIL.

U.S. CONGRATULATES PEOPLE OF DOMINICA ON THEIR INDEPENDENCE DAY

FROM:  U.S. STATE DEPARTMENT 
Dominica's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
October 31, 2014

On behalf of President Obama and the people of the United States, I congratulate the people of Dominica on the 36th anniversary of your independence on November 3.

As the first country in the Americas to elect a female prime minister, you remain a symbol of gender equality for the region and the world.

The United States shares a cooperative relationship with Dominica through the Caribbean Basin Security Initiative and the U.S. Caribbean Basin Initiative, which grants duty-free entry into the United States for many goods. Our mutual interests in promoting trade and educational opportunities through USAID and the Peace Corps will continue to unite us in the future.

I wish you the best during your Independence Day celebrations.

Sunday, November 2, 2014

WHITE HOUSE READOUT: PRESIDENT OBAMA CALLS SERVICE MEMBERS IN W. AFRICA

FROM:  THE WHITE HOUSE 
November 01, 2014
Readout of the President's Call with U.S. Service Members in West Africa

The President spoke by phone on Saturday afternoon with U.S. service members in Liberia and Senegal taking part in Operation United Assistance, the U.S. military mission to contain the Ebola outbreak at its source. The President, on behalf of the American people, offered his profound gratitude to the dedicated men and women providing logistics support, engineering expertise, construction services, and other elements needed to bring the epidemic under control. The President underscored that the civilian-led, whole of government strategy to tackle Ebola on the frontlines is the most effective way to prevent further spread of the disease and protect the American people from additional cases at home. He concluded the call by noting that, while we must not relent in this campaign, initial signs of progress in Liberia were a testament to the skill and determination of these service members and their civilian counterparts. Their service embodies American leadership at its finest.

SEC. KERRY'S PRESS STATEMENT ON CLIMATE CHANGE REPORT

FROM:  THE STATE DEPARTMENT 
Release of the Synthesis Report of the Fifth Assessment of the Intergovernmental Panel on Climate Change
Press Statement
John Kerry
Secretary of State
Washington, DC
November 2, 2014

This report is another canary in the coal mine.

Greenhouse gas emissions from human activity are higher than ever, and we're seeing more and more extreme weather and climate events, whether it's storm surges, devastating heat waves, and torrential rain, across the globe. It's not a coincidence. With this report, we have yet another round of authoritative, peer-reviewed science to prove it.

The bottom line is that our planet is warming due to human actions, the damage is already visible, and the challenge requires ambitious, decisive and immediate action.

We can't prevent a large scale disaster if we don't heed this kind of hard science. The longer we are stuck in a debate over ideology and politics, the more the costs of inaction grow and grow. Those who choose to ignore or dispute the science so clearly laid out in this report do so at great risk for all of us and for our kids and grandkids.

NASA VIDEO: DEVELOPMENT OF SMALL ATOMIC CLOCK ESSENTIAL TO DEEP SPACE EXPLORATION

BACK TO 1999 AND THE CHANDRA X-RAY OBSERVATORY

FROM:  NASA 

This Chandra X-ray Observatory image of the Hydra A galaxy cluster was taken on Oct. 30, 1999, with the Advanced CCD Imaging Spectrometer (ACIS) in an observation that lasted about six hours. Hydra A is a galaxy cluster that is 840 million light years from Earth. The cluster gets its name from the strong radio source, Hydra A, that originates in a galaxy near the center of the cluster. Optical observations show a few hundred galaxies in the cluster.

Chandra X-ray observations reveal a large cloud of hot gas that extends throughout the cluster. The gas cloud is several million light years across and has a temperature of about 40 million degrees in the outer parts decreasing to about 35 million degrees in the inner region.

NASA's Chandra X-ray Observatory was launched into space fifteen years ago aboard the Space Shuttle Columbia. Since its deployment on July 23, 1999, Chandra has helped revolutionize our understanding of the universe through its unrivaled X-ray vision. Chandra, one of NASA's current "Great Observatories," along with the Hubble Space Telescope and Spitzer Space Telescope, is specially designed to detect X-ray emission from hot and energetic regions of the universe. Image Credit: NASA/CXC/SAO.

DOJ ANNOUNCES AGREEMENT WITH CITY OF ALBUQUERQUE ON USE OF FORCE REFORMS FOR POLICE

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, October 31, 2014
Justice Department Reaches Agreement with the City of Albuquerque to Implement Sweeping Reforms On Use of Force By the Albuquerque Police Department

The Justice Department today announced it has reached a comprehensive settlement agreement with the city of Albuquerque that will bring wide-ranging reforms to the Albuquerque Police Department (APD) and its use of force against civilians.  The Justice Department and the city have agreed to enter into a court-enforceable settlement agreement that will overhaul the way in which APD handles use of force by its officers following a year-long investigation into the department’s practices and letter of findings released by the Justice Department in April 2014.  Once the Albuquerque City Council considers the settlement agreement in a special session scheduled for the week of Nov. 3, the Justice Department and the city will file the settlement agreement with the United States District Court for approval and entry as an order.

"The overwhelming majority of our nation’s law enforcement officials perform their duties with exceptional courage, integrity, and professionalism—risking their lives every day to keep their communities safe,” said Attorney General Eric H. Holder Jr.  “But whenever a pattern of troubling conduct is uncovered, or that high standard is not met, the Department of Justice must and will take action.  The far-reaching agreement we have secured in this case will transform the culture and practices of the Albuquerque Police Department.  And I am confident that, with the cooperation of city leaders and brave law enforcement officials, we will take significant steps to restore trust with local citizens and build for Albuquerque’s residents the stronger, safer, and more secure communities that all Americans deserve.“

In addition to use of force practices, The Justice Department’s investigation found that officers routinely use deadly force and less lethal force in an unreasonable manner and that systemic deficiencies in policies, training, supervision, and oversight contributed to the pattern or practice.  Following the release of the investigative findings, the Justice Department engaged in extensive community outreach to solicit feedback and recommendations on reform from a wide variety of stakeholders, including police officers, community leaders, mental health advocates, family members, and other Albuquerque residents.  The feedback played a critical role in tailoring the settlement agreement to the unique needs of the Albuquerque community and APD.

“Today’s landmark settlement agreement will begin the process of restoring trust and cooperation between the Albuquerque community and law enforcement,” said Vanita Gupta, Acting Assistant Attorney General for the Civil Rights Division.  “Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety.  The settlement agreement provides a blue print for sustainable reform that will foster continued collaboration and participation from the community.  We thank Mayor Berry, Chief Eden, and all of the individuals who came forward to share their experiences concerning APD to make this historic settlement agreement possible.”

“We are extremely proud of our community and police department for coming together in a time of serious challenges to the city to offer their advice and recommendations on a path forward,” said Damon P. Martinez, United States Attorney for the District of New Mexico.  “Reform will not take place overnight and it will take time to heal our community, but we are well on our way.  Through the settlement agreement reached today, the city agrees to implement fundamental reforms in a transparent manner that will ensure that force is used in accordance with constitutional rights and that promotes greater trust among the hard working men and women of the Albuquerque Police Department and the residents they are sworn to protect.”

Under the settlement agreement, the city and APD will implement comprehensive reforms in nine substantive areas.  An independent monitoring team will be selected jointly and will oversee the reforms, which are expected to be implemented within four years.  The areas covered by the settlement agreement are:

Use of force: including requiring supervisors to report to the scene of uses of force; providing medical care to subjects of force immediately after an incident; improving the quality of force investigations; developing a force review board to detect and correct patterns and trends, and utilizing surrounding law enforcement agencies as part of a multi-agency task force to investigate officer-involves shootings to provide greater objectivity and accountability;

Specialized units: including measures that require clearly defined missions and duties for specialized tactical and investigative units; ensuring that officers are sufficiently trained to save lives in high-risk situations; and dismantling APD’s repeat offender project to restore its core mission as an investigative, rather than tactical, unit;

Crisis intervention: including establishing a mental health response advisory committee; providing behavioral health training to all officers, police dispatchers, and 9-1-1 operators; and maintaining groups of specially-trained first responders, detectives, and mental health professionals that provide crisis intervention and ongoing support to individuals with serious mental illness or who are chronically homeless;

Policies and training: including developing clear and comprehensive policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner;

Internal and civilian complaint investigations: including measures to eliminate arbitrary deadlines for the submission of civilian complaints; standards for conducting objective, thorough, and timely investigations; steps to ensure that the disciplinary system is fair and consistent; and protocols to protect officers’ rights against self-incrimination;

Staffing and supervision: including completing a staffing and resource study to determine the appropriate allocation of resources; holding supervisors accountable for close and effective supervision; and providing guidance on the effective use of on-body recording systems to promote accountability and strengthen public trust;

Recruitment and promotions: including developing a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross section of the community and ensuring that fair and consistent promotion practices are implemented;

Officer assistance and support: including measures to ensure that APD personnel have ready access to mental health services and that supervisors are trained in making referrals in a manner that minimizes stigma; and

Community engagement and oversight: including measures to strengthen the city’s civilian oversight process; public information programs that keep members of the public informed of APD’s progress toward reform; requirements on fostering community policing at all levels of APD; and establishing community policing councils throughout the city to ensure that meaningful feedback is obtained from the community.

The independent monitoring team will oversee the implementation of reforms, provide technical assistance, and report on the city’s compliance through periodic and public reports.  The monitoring team will have access to all documents, personnel, facilities and information related to the settlement agreement and will engage with officers and community members on an ongoing basis.  The monitoring team will also be responsible for conducting outcome assessments to determine whether the goals of the settlement agreement are being met through compliance indicators and objective measures.  The settlement agreement requires two years of sustained compliance with the agreement before the agreement may be terminated.

NSF ARTICLE: TESTING FOR PATHOGENS

FROM:  NATIONAL SCIENCE FOUNDATION 
Testing for pathogens
Innovation Corps researchers focus on medical applications rather than food safety in response to customer needs

When Sunny Shah and his research colleagues at the University of Notre Dame developed a new diagnostic tool for detecting the presence of bacteria, viruses and other pathogens, they assumed that the food industry would be the perfect market.

It made sense, particularly amid ongoing concerns over food safety. The test could identify, among other things, E. coli 0157, which has caused a number of deadly outbreaks in the United States, as well as the bacterium responsible for brucellosis, a disease caused by eating undercooked meat or unpasteurized dairy products.

Their test was accurate and inexpensive. It just wasn't fast enough.

"Even though we could provide a cheaper test than what is already available, they said they would be willing to pay more for a faster test," Shah says, referring to his conversations with representatives from food processing plants, health agencies and food testing labs. "They said we needed to produce results within two hours, not two days, because they wouldn't be able to ship anything out, and had to pay for refrigeration, while waiting for test results."

So the National Science Foundation (NSF)-funded scientist switched his focus--he likes to call it a "pivot"--from food safety to medical applications. In addition to food-borne bacteria, the test also can recognize the virus that causes Dengue fever, potentially valuable for surveillance activities both here and abroad, and human papillomavirus (HPV), which is linked to cervical and oral cancers.

Shah, who also is assistant director for the ESTEEM graduate program, which exposes those with STEM (science, technology, engineering, and mathematics) backgrounds to business and entrepreneurial courses, received $50,000 in 2013 from NSF's Innovation Corps (I-Corps) program. I-Corps helps scientists assess how, and whether, they can translate their promising discoveries into viable commercial products.

The award supports a set of activities and programs that prepare scientists and engineers to extend their focus beyond the laboratory into the commercial world, with the idea of providing near-term benefits for the economy and society.

It is a public-private partnership program that teaches grantees to identify valuable product opportunities that can emerge from academic research, and offers entrepreneurship training to student participants.

Although things did not turn out as originally planned in this case, Shah's experience nevertheless actually embodies the I-Corps philosophy, since one of its major goals is to mentor scientists in ways that allow them to evaluate the commercial potential of their discoveries, and send them in different directions if necessary to ensure their research ends up in the best possible place to do the most good at an affordable price.

"It doesn't matter what we, as researchers, think is the value of our technology," Shah says. "It's what the customer thinks that is important and the only way to identify this customer need is by getting out and interviewing them."

NSF also earlier supported the research that developed the test in 2011. Shah's research colleagues on this project include Hsueh-Chia Chang, professor of chemical and biomolecular engineering, Satyajyoti Senapati, research assistant professor, and Zdenek Slouka, postdoctoral associate in the Chang group. For the I-Corps grant, Kerry Wilson, managing director of Springboard Engineers, played the role of the business mentor, while Shah was the entrepreneurial lead

The test uses a biochip that can detect the DNA or RNA of a particular pathogen.

"Every pathogen has a unique biomarker, and what we do is put a probe on our biochip that captures that biomarker," Shah says. "If the sample has that particular pathogen, then its biomarker will bind to this probe and give us a signal. There are changes in the electrical properties, so it gives us a visual electrical signal that can easily be translated into a target present/absent signal."

Each chip is programmed for a specific pathogen, "but in the future we hope to develop what we call a multiplex biochip that can detect numerous pathogens all on the same device," Shah adds.

The plan now is to develop the tool for future use by dentists to test their patients during office visits for early detection of HPV-related oral cancer before there are visible signs of disease.

"Usually dentists now just examine you visually for lesions, but this would be a sample swab that could give you advance warning," he says.

The test also might be useful as a diagnostic tool for food-borne disease after infection, that is, in testing an already ill patient's blood, he says.

The team recently received a National Institutes of Health grant to study a possible future surveillance role for the test in screening mosquitoes for the presence of Dengue Fever.

"This is not a huge problem for the United States, although there have been a number of cases in parts of Florida in recent years, but it is an issue in South America, Brazil and India, and other areas, " he says.

The impact of I-Corps allowed Shah to make the transition. "Knowing the market and the customer early is extremely important in the technology commercialization process," he says. The program helped him to "quickly assess a particular market to identify customer need and be ready to pivot from one market to another, if needed."

-- Marlene Cimons, National Science Foundation
Investigators
Sunny Shah
Li-Jing Cheng
Hsueh-Chia Chang
Satyajyoti Senapati
Related Institutions/Organizations
University of Notre Dame

SECRETARY KERRY'S REMARKS REGARDING THE NEW EUROPEAN COMMISSION

FROM:  THE STATE DEPARTMENT 
The New European Commission
Press Statement
John Kerry
Secretary of State
Washington, DC
October 31, 2014

I look forward to collaborating with a new European Commission that will take office on November 1 under the leadership of President Jean-Claude Juncker.

He has assembled a talented group of European leaders for his new Commission, including old friends like incoming High Representative Federica Mogherini.

The United States and the European Union share a common past – one we honor a century after the start of the First World War. Today, we share a common vision for a Europe whole, free, and at peace.

Almost two decades ago, leaders of the United States and the European Union committed to work together to promote peace, stability, and democracy around the world. We agreed to respond to global challenges, together. And we agreed to expand world trade, bring our economies closer together, and build transatlantic bridges for people and ideas.

The issues we confront have changed over the years. But we have stayed true to our bedrock commitments. Today, we face serious threats to peace and stability from the Ebola outbreak in West Africa, ISIL in the Middle East, and Russia’s actions in Ukraine. These are crises we will combat together. And we are negotiating an ambitious trade and investment partnership to bring our economies even closer.

After a decade of his remarkable leadership at the helm of this Commission, I thank outgoing Commission President Jose Manuel Barroso. I am also grateful for High Representative Catherine Ashton’s partnership over the years.

As the new Commission takes office, I look forward to working closely with them to reinforce the ties that bind the United States and the European Union.

U.S. CONGRATULATES PEOPLE OF PANAMA ON THEIR FIESTAS PATRIAS CELEBRATIONS

FROM: U.S. STATE DEPARTMENT 
Panama's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
October 31, 2014

On behalf of President Obama and the people of the United States, I congratulate the people of Panama as you begin Fiestas Patrias celebrations on November 3.

The Republic of Panama has much to celebrate this year. You marked the 100-year anniversary of the Panama Canal. Your government created the Panama Bilingue initiative which will significantly increase educational exchanges between our two nations. And you inaugurated a new president after a spirited campaign.

I was honored to attend President Varela’s inauguration this July. I watched as thousands of Panamanians in Rommel Fernandez Stadium celebrated another peaceful transfer of power – the hallmark of a strong democracy. I visited Panama as a young Navy officer in 1969. To return to your country decades later and witness the great strides you have made in bringing prosperity to your people and building a lasting democracy is remarkable.

Alongside all Panamanians, the United States looks forward to the upcoming Summit of the Americas and the expansion of the Panama Canal. You have a pivotal role to play in helping further democratic ideals, advancing the role of civil society, protecting human rights, and expanding economic development for the benefit of all peoples of our hemisphere.

On this day of celebration, I send best wishes to all Panamanians. Felicidades!

Saturday, November 1, 2014

NSC STATEMENT ON SEPARATIST ELECTIONS IN EASTERN UKRAINE

FROM:  THE WHITE HOUSE 
October 31, 2014
Statement by NSC Spokesperson Bernadette Meehan on Anticipated Separatist “Elections” in Eastern Ukraine

We deplore the intent of separatists in parts of eastern Ukraine to hold illegitimate so-called local “elections” on Sunday, November 2. If held, these “elections” would contravene Ukraine’s constitution and laws and the September 5 Minsk Protocol. As President Obama said on October 27, “the United States will not recognize any election held in separatist-held areas that does not comport with Ukrainian law and is not held with the express consent and under the authority of the Ukrainian government.” The only legitimate local election in eastern Ukraine will be held on December 7, as prescribed by the Special Status Law signed by President Poroshenko for parts of Donetsk and Luhansk, and in keeping with the Protocol that the separatists signed with Ukraine and Russia in Minsk, Belarus, on September 5.

As a signatory of the Minsk Protocol, we call on Russia to join the Secretary General of the United Nations, the European Union, the Council of Europe, and the international community in condemning the illegitimate vote planned for this weekend. The United States will not recognize any results announced from this so-called election, and we call on all members of the international community to do the same. We also caution Russia against using any such illegitimate vote as a pretext to insert additional troops and military equipment into Ukraine, particularly in light of recent indications that the Russian military is moving forces back to the border along separatist controlled areas of eastern Ukraine. We once more urge Russia and its separatist proxies to fulfill all of their commitments under the Minsk Protocol of September 5, and the Minsk Memorandum of September 19.

TIRCK-OR-TREAT WITH THE PRESIDENT AND FIRST LADY

WHITE HOUSE VIDEO: WEEKLY ADDRESS FOR NOVEMBER 1, 2014

WHITE HOUSE VIDEO: WEST WING WEEK 10/31/14

AUTOMOTIVE PARTS MANUFACTURER BASED IN JAPAN PLEADS GUILTY TO PRICE FIXING, RIGGING BIDS ON U.S. CAR PARTS

FROM:  U.S. DEPARTMENT OF JUSTICE 
Friday, October 31, 2014
Hitachi Metals Ltd. Agrees to Plead Guilty for Fixing Prices and Rigging Bids on Automobile Parts Installed in U.S. Cars

Hitachi Metals Ltd., an automotive parts manufacturer based in Tokyo, Japan, and successor in interest to Hitachi Cable Ltd. (collectively Hitachi), has agreed to plead guilty and to pay a $1.25 million criminal fine for its role in a conspiracy to fix prices and rig bids for automotive brake hose installed in cars sold in the United States and elsewhere, the Department of Justice announced today.

According to the one-count felony charge filed today in the U.S. District Court for the Northern District of Ohio in Toledo, Hitachi conspired to fix the prices of automotive brake hose sold to Toyota Motor Corporation and certain of its subsidiaries, affiliates and suppliers, in the United States and elsewhere (collectively Toyota).  In addition to the criminal fine, Hitachi has agreed to cooperate in the department’s ongoing investigation.  The plea agreement will be subject to court approval.

“Today’s guilty plea demonstrates the Antitrust Division’s commitment to hold companies accountable for engaging in illegal anticompetitive conduct,” said Brent Snyder, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program.  “The division is dedicated to its mission to protect U.S. consumers and businesses.”

According to the charge, Hitachi and its co–conspirators conspired through meetings and conversations in which they discussed and agreed upon bids and price quotations to be submitted to Toyota, and to allocate the supply of automotive brake hose to Toyota.  In furtherance of the agreement, Hitachi sold automotive brake hose at non–competitive prices to Toyota in the United States and elsewhere.  Hitachi’s involvement in the automotive brake hose conspiracy lasted from at least as early as November 2005 until at least September 2009.

Hitachi manufactures and sells a variety of automotive parts, including automotive brake hoses, which are flexible hoses that carry brake fluid through the hydraulic brake system of automobiles.  The charges against Hitachi are the latest in the department’s on-going investigation into anticompetitive conduct in the automotive parts industry.  These are the first charges filed relating to automotive brake hose sold to automobile manufacturers.

To date, 44 individuals have been charged in the government’s ongoing investigation into price fixing and bid rigging in the auto parts industry.  Including Hitachi, 30 companies have pleaded guilty or agreed to plead guilty and have agreed to pay a total of nearly $2.4 billion in fines.

Hitachi is charged with price fixing and bid rigging in violation of the Sherman Act, which carries a maximum penalty for corporations of a $100 million criminal fine for each violation.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

DOD LEADERS PRAISE PROGRESS MADE AGAINST ISIL

FROM:  U.S. DEFENSE DEPARTMENT 
Defense Secretary Chuck Hagel holds a press briefing with Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff at the Pentagon, Oct. 30, 2014.  DoD photo by Army Staff Sgt. Sean K. Harp. 

Pentagon Leaders Laud Progress Against ISIL
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
DoD News, Defense Media Activity

WASHINGTON, Oct. 30, 2014 – Defense Department leaders today praised the progress made against the Islamic State of Iraq and the Levant in Iraq and Syria as implementation of the broader comprehensive strategy in the Middle East continues.

Defense Secretary Chuck Hagel and Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, discussed progress and strategy during a Pentagon news conference.

Hagel began the news conference by highlighting the recent transfer of two NATO bases – Camp Leatherneck and Camp Bastion -- to Afghan security forces as part of “significant progress” in Afghanistan. He praised U.S. forces for their service in Afghanistan, as well NATO partners, for their contributions.
“I also want to thank our [International Security Assistance Force] partners for what they’ve done,” he said, “and in particular, the Afghan national security forces as they have continued to make progress -- significant progress in defending their country.”

Turning to Iraq, the defense secretary said he spoke with Iraqi Defense Minister Khaled al-Obeidi last week about Iraqi force preparations to take the offensive against ISIL.

Gains in Northern and Central Iraq

“Over the past week, we’ve seen Iraqi and Kurdish forces begin to do that,” Hagel said. “And they’ve made some gains in both northern and central Iraq. Their initial progress is encouraging, but these are just first steps … in what we have said will be a long and difficult multiyear effort against ISIL by the local Iraqi forces on the ground [with] support from the U.S, as well as coalition partners.”

Tomorrow, Hagel said, the U.S. Army’s 1st Infantry Division headquarters will take command in Baghdad, coordinating all U.S. forces in Iraq.

“But our military campaign is only one part of the broader comprehensive strategy required to defeat ISIL,” he said, “choking off its resources and recruits, and supply lines and de-legitimizing its murderous ideology are just as important as [Iraqi] Prime Minister [Haider al] Abadi’s efforts to build an inclusive Iraqi government that must earn the trust and confidence of the Iraqi people.”

The Future of Syria

Hagel said the realities of ISIL controlling vast areas of Syria and Iraq are forcing a coalition of more than 60 countries to come together to deal with this “immediate threat.”

“The future of Syria,” he said, “which the nations of the Middle East have a significant investment in that stability, is going to require all elements, not only of our government, but all of the countries in the Middle East and others working together to find a solution to bring peace in Syria, to stabilize that region of the world.”

Officials constantly are assessing, adapting and working through different options, Hagel said, because the situation is complicated and long-term, and there are no short-term easy answers to it.

“That’s why we meet so often on this issue,” he said. “This is why we are building, and continue to build, an effective coalition in the Middle East to deal with these issues.”

Training and Equipping Moderate Opposition Update

The chairman was asked to provide an update on the status of the department’s program to train and equip the Syrian moderate opposition.

“The command-and-control apparatus is in place,” Dempsey said. “The sites have been selected, and the reconnaissance conducted to determine what infrastructure we’ll need to accomplish the mission.”

Coalition partners are beginning to contribute trainers to the efforts, he added, though the recruiting and vetting has not yet begun.

Expanding Mission Area in Iraq

Dempsey discussed the possibility of expanding the train-advise-assist mission of U.S. forces in Iraq, currently oriented around Irbil and Baghdad, to include Anbar province.

“There’s three components to the train-advise-assist mission,” he explained. “Initially, the Iraqi security forces, and I include in that the [Kurdish peshmerga forces], … mostly oriented around Baghdad and Irbil, and then there’s the issue of the tribes and trying to find a way to … enable them.”

Also, Dempsey said, a program is in place to begin to restore some offensive capability and mindset to Iraqi security forces. “We need to think about how to do that with the tribes,” he added. “We also need to make sure that the Iraqi security forces are not spread out in ways that prevent them from supporting each other.”

Dempsey pointed to areas such as al-Asad, and Iraqi units such as the 7th and 9th Iraqi army divisions, which he said are “somewhat isolated.”
The Iraqi security forces, he said, need help with planning and executing and with linking up groups that are isolated. “And then,” he said, “I think that becomes a platform for reaching out to the tribes.”

The third component, Dempsey said, is the national guard concept, which -- if the Iraqi government takes a decision to form it and passes a law -- probably would begin to be implemented in 2015.

“You need all three of those, eventually,” the chairman said. “Right now, we’re focused on the Iraqi security forces.

HOSPITAL SYSTEM WILL PAY $37 MILLION TO SETTLE FALSE CLAIMS ALLEGATIONS

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, October 30, 2014
Dignity Health Agrees to Pay $37 Million to Settle False Claims Act Allegations

Dignity Health has agreed to pay the United States $37 million to settle allegations that 13 of its hospitals in California, Nevada and Arizona knowingly submitted false claims to Medicare and TRICARE by admitting patients who could have been treated on a less costly, outpatient basis, the Justice Department announced today.  Dignity, formerly known as Catholic Healthcare West, is based in San Francisco and is one of the five largest hospital systems in the nation with 39 hospitals in three states.

“Charging the government for higher cost inpatient services that patients do not need wastes the country’s vital health care dollars,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “This department will continue its work to stop abuses of the nation’s health care resources and to ensure patients receive the most appropriate care.”

The settlement resolves allegations that 13 Dignity Health hospitals knowingly overcharged Medicare and TRICARE, part of the military health care program, for inpatient services for patients who should have been treated on a less costly, outpatient basis.  Because hospitals generally receive significantly higher payments from federal health care programs for inpatient admissions as opposed to outpatient treatment, the admission of numerous patients who do not need inpatient care, as alleged here, can result in substantial financial harm to federal health care programs.

The United States alleged that from 2006 through 2010, 13 Dignity hospitals billed Medicare and TRICARE for inpatient care for certain patients who underwent elective cardiovascular procedures (e.g., stents, pacemakers) in scheduled surgeries when the claims should have been billed as outpatient surgeries.  In addition, the government alleged that from 2000 through 2008, four of the hospitals billed Medicare for beneficiaries undergoing elective kyphoplasty procedures, which are minimally-invasive and performed to treat certain spinal compression fractures that should have been billed as less costly outpatient procedures.  Lastly, the government alleged that from 2006 through 2010, 13 hospitals admitted patients for certain common medical diagnoses where admission as an inpatient was medically unnecessary and appropriate care could have been provided in a less costly outpatient or observation setting.  

“This settlement demonstrates this office’s commitment to protecting our federal health care programs,” said U.S. Attorney Melinda Haag for the Northern District of California.  “We will continue to aggressively and appropriately pursue False Claims Act allegations of wrongdoing in the health care industry.”

As part of today’s agreement, Dignity entered into a corporate integrity agreement with the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG) requiring the company to engage in significant compliance efforts over the next five years.  Under the agreement, Dignity is required to retain independent review organizations to review the accuracy of the company’s claims for services furnished to federal health care program beneficiaries.

“Hospitals that attempt to boost profits by admitting patients for expensive and unnecessary inpatient hospital stays will be held accountable,” said Special Agent in Charge Ivan Negroni of HHS-OIG’s San Francisco Office.  “Both patients and taxpayers deserve to have medical decisions made solely on what is best for the patient based on medical necessity.”

This settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of California by Kathleen Hawkins, a former employee of Dignity, under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens to bring lawsuits on behalf of the United States and obtain a portion of the government’s recovery.  Hawkins will receive approximately $6.25 million.

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 the Attorney General and the Secretary of Health and Human Services.  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 more than $23 billion through False Claims Act cases, with more than $14.8 billion of that amount recovered in cases involving fraud against federal health care programs.

The settlement was a result of a coordinated effort by the Civil Division, the U.S. Attorneys’ Offices for the Northern District of California and the Western District of New York and the HHS-OIG.

U.S. REPRESENTATIVE TO UN MAKES REMARKS IN ACCRA, GHANA ON EBOLA

FROM:  THE STATE DEPARTMENT 
Samantha Power
U.S. Permanent Representative to the United Nations 
Accra, Ghana
October 29, 2014
AS DELIVERED

Special Representative Banbury: Good afternoon, ladies and gentlemen, my name is Tony Banbury and I am the Head of the United Nations Mission for Ebola Emergency Response. Myself and all of my colleagues are delighted to welcome Ambassador Samantha Power, United States Ambassador to the United Nations, to our headquarters here in Accra. I’d like to just make a couple of brief comments and then hand it over to her. First of all, the picture we are seeing now on Ebola in the three most infected countries is a very mixed one. We still have a very serious crisis on our hands; there are people dying every day; there are people who are becoming newly infected every day; and there are still some serious requirements to put in place the necessary capabilities to bring the crisis to an end. On the other hand, we are seeing a lot of progress. Work by national governments, NGOs, UN Agencies, bilateral partners like the United States and UNMEER as well, and we are starting to see the impact of all these efforts. There has been a very significant mobilization of international personnel, resources, capabilities, to work side-by-side with the governments and those efforts are starting to pay off.

What we need are three basic things to get this crisis under control. To add to the effort we need people, especially trained medical personnel, people who can operate clinics, Ebola treatment clinics, community care centers. We need material and we need money.

The United Nations, UNMEER , myself, we’re very grateful to the United States who has been a leader in providing all of those things. They are putting their people on the ground; civilian and military, USAID civilian teams, DART teams; they are providing a lot of supplies; and they are proving a lot of money. So we hope that others will also, like the United States, contribute in such a generous way.

UNMEER – we are doing everything possible working side by side with the United States and other partners, national governments, to achieve the results that have been set for – the objectives that have been set of 70% of new cases under treatment, and 70% of burials being done safely. If we can do that, we can turn this crisis around. That’s our objective and we are working very, very hard to achieve it, and I am confident that all of the international community working with the national governments will make it. So with that I’d like to hand it over please to Ambassador Power.

Ambassador Power Thank you, Tony; and thank you to all the people who work with you, both here in Accra and in the broader region, in Ebola-affected countries away from their families. They are doing God’s work. It is the most important work anybody can be doing on Earth today. The second thank you I would like to offer is to Ghana, to the people of Ghana, to the generosity of the leadership of Ghana and the communities here. Ebola is a virus that has generated a lot of fear and a fair amount of misinformation and misunderstanding; and it is extremely important that Ghana has recognized that this is a virus that does not see borders, that is an equal opportunity demon. If we cannot stop it at its source, it will spread. And UNMEER, which has set up its headquarters here in Ghana –again thanks to the Ghanaian people and the government here – is a critical weapon in the battle to stop Ebola at its source so it doesn’t come to Ghana, so it doesn’t spread further on the continent of Africa, and so it is contained and defeated.

The curve of infections in the three affected countries is something that has alarmed people near and far, including here in this country, and Tony and I and others in the international community have been speaking now for many months about the need to bend the curve of infections. There is a need for far more commitments and far more deliveries upon commitments in order to bend the curve. There is a need for more beds; there is a need for more bleach, more cash in order to pay community mobilizers or people who pick up bodies so as to do safe burial. The list goes on and on, and UNMEER, and each of the three affected countries, are the keepers of those lists, and we in the United States and in the broader international community need to be responsive to those demands and to the specifics of what is on those lists, and that is what we are trying to do.

I will say that out of my trip to the region and having visited all three affected countries and now having toured the UNMEER response headquarters, I think we need to be very clear that our goal is not simply to bend the curve; it is to end the curve. And this is something, because of the commitments that have been made, because of the mobilization that is being done, that we are confident will result – because it must result – in the outstanding gaps being filled. We can see the day when those gaps are filled and when the curve is not simply bent, but is ended. And when that day is achieved, people will thank the people of Ghana and the government of Ghana for your role in being part of ending the stigma of Ebola, ending the fear, and focusing on the most important thing, which is the response.

There are – one of the things one experiences here in this warehouse is a recognition that there are a lot of supplies out there in the world. This is just one example of a place where you’re surrounded by supplies. What we need to do is to get quicker in moving supplies in warehouses like this into the affected countries. And warehouses like this don’t just exist here in UNMEER headquarters; they exist all around world.

We have the capabilities in all of our countries to end the curve, and the question is how do we take supplies that exist in warehouses like this around the world and get them where they’re needed, where people are desperate for our help, and when doing so will protect not only the people in the affected countries, but also people in our own countries.

So that is the enterprise that we are part of. I am very, very encouraged by some of the steps that have been taken, particularly in the last couple of weeks, in terms of the governments’ leadership in the affected countries and in terms of the international community’s ability to get supplies into places of need. But the main message, again, for the world is: fill the gaps so we can bend and end the curve. Thanks.

Moderator: Thank you, Ambassador. Folks, the Ambassador has a plane to catch very shortly, so time is short. A reminder: one question per person. Also, wait for the microphone to come to you. We have time for, maybe, four questions. To begin with, Metro TV, please.

And please let us know who the question is for: the Ambassador or for Mr. Banbury.

Reporter: I want to find out what you’re doing to make sure that countries who have not contracted the disease do not contract it? Thank you.

Ambassador Power: Thank you for the question. I know it is a question on the minds of many here in Ghana but also in places like the United States where we have seen several cases come into the United States from the region, and so screening procedures are extremely important. I came this morning from the country of Liberia, from the airport in Monrovia, and I and my delegation had our temperatures taken three times between the time we arrived at the airport and the time that we boarded the plane. While we were in the affected countries, we internalized the habits, now, of people in those countries, which is to avoid physical contact as much as possible. Every place we entered in the three countries involved washing our hands with bleach, washing our shoes. These are precautions taken out of an abundance of caution, and out of a recognition that in order to be able to concentrate our efforts on the places that are most affected, we need to ensure that in so doing we don’t bring the virus to other countries and we contain it where it is, and then slay it where it is.

The three affected countries have been extremely aggressive in recent weeks and months in stepping up those screening procedures. And the country of Ghana, when we arrived, also was extremely vigilant in taking our temperature, asking us questions about whether we had had contact with Ebola-infected patients, and so forth. And they will take measures accordingly on the basis of whether someone has come to the country has had contact or not. I want to stress that the vast majority of people in the affected countries who are contributing to the Ebola response are not themselves in physical contact with people who have Ebola. So, for instance, most of the people who comprise the UN Mission here –maybe even all – all, I am told—are people who do not have that kind of contact and are not wearing PPEs and then taking them off when they come back to Ghana. That’s not what this is. This is a logistic operation and so, again, the likelihood of Ebola being brought into one of the neighboring countries by the international support network is extremely, extremely narrow. These individuals do everything in their power to eliminate that risk all together again by these precautions.

Moderator: Next question – Reuters in the front row.

Reporter: Hi, Michelle Nichols from Reuters. You both mentioned the need for more beds, and yet we’re seeing in Liberia that there are empty beds. What’s the explanation for that? Is this a sign of progress or are there concerns that people are staying away from treatment centers?

Special Representative Banbury: The need for beds – we’re estimating under worst case scenario planning that we need a total of, for instance, 53 Ebola Treatment Units. And in terms of the ones that are now built, or in process, we have a gap of about 20. For community care centers, which are absolutely critical to all this, we are planning about 329 and we have a gap of about 300. So there is a very serious need for beds.

We have to make sure, though, that the beds are placed at the right locations, and that depends on good information on exactly where the disease is. And it’s very hard to get accurate epidemiological information of what exactly are the new cases, where are they, what are the causes of transmission. And to properly fight this disease, that information is critical so that we can allocate scarce resources, whether they’re beds or burial teams or community mobilizers, against those critical needs.

Reporter: Are you trying to suggest, then, there’s more than enough beds (inaudible)?

Special Representative Banbury: No, no, I’m definitely not saying there are more than enough ETUs, because we don’t know where we’re going to be in four weeks’ time. And we’re not just worried about what the situation is today; we’re planning for the worst. We’re hoping for much better; were planning for the worst. And by planning for it we will avoid it. By bringing in all this capability, it means we’ll bend the curve earlier and, as Ambassador Power said, we will end the curve earlier. All this extra capability means saved lives. And for the United Nations, for UNMEER – I’m sure for all our partners – it’s all about saving lives. Empty beds is a great sign, but right now we know that there are people dying in all three countries outside of Ebola Treatment Units who should not be dying. Just about two weeks ago, I was – after I traveled to all three countries – I was able to brief the Security Council and Ambassador Power was there and I said we’re in a race against Ebola and Ebola is winning the race. Well, we’re starting to catch up – the international community, all of us – by putting everything we have into this – we are accelerating, we’re starting to catch up. But, we’re not there yet; and every day we’re not there means people are dying unnecessarily. So we have to build more beds, get more foreign medical teams in place, build more community care centers, have more safe burial teams, more community mobilization. We need to do all of it, and the faster we do it the more lives we’ll save.

Moderator: Folks, we have time for two more questions. That man in the third row. Wait for the microphone.

Reporter: I am (inaudible) TV3. I want to find out what is the major prevailing challenge between facing and reducing the threat of Ebola?

Ambassador Power: It’s hard to choose one prevailing challenge as Tony just indicated, and I’d ask him also to respond.

The challenge you think you had yesterday is something that may be a different form of that challenge tomorrow. And so, just to give you one example in light of the previous discussion about beds: at the start of this crisis, when the presence of epidemiologists out in the countryside – particularly the very remote areas that are very hard to get to, or there are very bad roads, or no paved roads – the knowledge of what was happening in some of those communities was not so great, but the knowledge in certain communities was very great and we were able – working with the CDC and the WHO and with the affected country governments – to come up with some projections about where the virus was going and how many beds you would need, as Tony has described.

As the international presence has ramped up, and as some road repair has occurred, and as people have been given mobile phones with SIM cards and are able to call in sort of what they are experiencing, we are learning about pockets of need that we may not have been aware of before. And as a result, in addition to the question of the number of beds, a core question now is the geographic distribution of beds. And so you know you need a ton of beds because you know you need to isolate 70% of the patients in order to bend and then end the curve. But, the more we know, the more we will adapt where those beds go, accordingly.

In addition, to give you two bright spots, in both Freetown and Monrovia in the last, really, week, we have seen extraordinary improvements in the rate of safe burial within 24 hours. In Sierra Leone, in Freetown, the estimate is that the safe burial rate has gone from somewhere between 30 and 40 percent being safe to around 98 percent. If fewer infections are occurring by virtue of unsafe burial, that over time is going to change the number of beds that are needed in a particular community or in a particular part of the country.

And so these kinds of adaptations, because Sierra Leone and Liberia did such a great job, the people of those countries – comprising these burial teams, you know, donning the PPE, taking the risk, going out into the communities, managing that risk – they’re not getting infected now that they’ve been trained in the protocols. They performed a critical intervention that then has implications for how UNMEER and the governments in question think about allocating resources. So that is just in terms of how the challenge has evolved.

But I guess I would still say the number one – I’d say there are two core challenges that remain. The first is the gaps that are still profound, whether it’s something as basic as soap or whether it’s the underfunded UN appeals, whether it’s the number of helicopters that can get people into the remote areas, there are huge gaps. And countries that have not stepped up at this point have to step up. They can be part of a winning enterprise. They can be part of ending Ebola, or not. And so that is an opportunity, you might say, in the face of this tragedy.

The second prevailing challenge, and arguably the most important, particularly in the long term, is fear. Fear that causes people to stigmatize people who’ve survived the epidemic, who have a huge amount to offer in actually being a part of treatment and care. Fear and confusion about how the epidemic has spread and will spread, that causes countries to take measures that ultimately will deter the infusion of health workers, potentially, and others who can be part of the solution. And so, as President Obama said yesterday in his remarks, we need to conquer our fear so that we can conquer this epidemic.

Moderator: Guys, we have time for one more question, please. I think, Chris Stein. Chris Stein, AFP.

Reporter: For Ambassador Power: Given the enormity of the outbreak in West Africa, how do you see the U.S. reaction – given the enormity of the outbreak in West Africa, how do you see the reaction at home to the relatively few cases that have occurred in the U.S.?

Ambassador Power: I’m going to give Tony the last word because I think he’d have a very important response to the prior question, but, I would say first of all that the part of the U.S. response that is getting attention now is the fear that recent infections have generated in the broader public. And as people in Africa know, when Ebola comes to your country or your region it is frightening and it’s going to take people time to get educated about how the virus is spread. And so we are in a phase of self-education, understanding how this works.

The fact that certainly the nurses who were infected in Dallas have now both been released from their treatment and have survived and indeed are thriving – they’re great messengers for the nobility of the health workers who are part of the overall solution to this crisis. So when people talk about the response in the United States – I believe in your question you are talking about, again, some of the concerns that have been generated – but I think the most important feature of the American response to this epidemic is that we are not running away from the epidemic. We as a nation, under President Obama’s leadership and thanks to the selflessness of our aid workers, our military, and health workers who have no official affiliation with the U.S. government – we are running toward it, deploying our men and women in uniform, infusing the region with all kinds of supplies and resources that are urgently needed, and embracing both the challenge and the responsibility of helping this region come out of, you know, a terrible time. And we do so because we have a humanitarian solidarity and great empathy for people who are going through something this trying and this horrific, particularly the countries that are affected – particularly Liberia and Sierra Leone, that have made such strides and have come so far. We want to stand with the people in those countries and help them get through this. But we also recognize, in coming toward the epidemic, running into the burning building as it were, that it is in our national security interest to do this. And so the United States is with the people of Africa, it’s with the people of Guinea, Sierra Leone, and Liberia, and it is in this for the long haul until we bend and end the curve.

Tony, last word?

Special Representative Banbury: Thank you, Ambassador Power. Just a remark on the earlier question about the most significant challenge. For UNMEER, from an operational perspective, the most difficult thing is that we have to put in place every part of the response; we have to put it in place everywhere; and we need to do it super fast. If there is a gap anywhere in the operational response, it leaves a place for this virus to continue to spread, infect people, kill people, destroy families and communities. And that’s a big responsibility. But we are working very, very hard together with partners, such as the United States, all the UN Family, NGOs, and national governments, to make sure we put that response capability in place everywhere so that there are no gaps in the response and so we can bring this crisis to a close, and it’s thanks to partnerships like – with the United States, who is running into the burning building, as well as the presidents of the three most affected countries, other partners who are contributing in very serious ways, as well as President Mahama and his leadership, to show that working together as an international community, focusing on the very serious challenges, that we can bring this crisis to a close. And we will, we’ll get it done. The only question is how long does it take and how many people are going to die. We’re going to try to make it as fast as possible and save as many lives as possible.

I’d just like to close by, again, thanking Ambassador Power and her delegation for visiting us and for all the fantastic support from the United States Government and the people of the United States for our efforts. Together we’ll make it happen. Thank you.

U.S. OFFICIAL'S REMARKS AT DOING BUSINESS IN ALGERIA ROADSHOW

FROM:  U.S. STATE DEPARTMENT 
Remarks at the Doing Business in Algeria Roadshow
Remarks
Charles H. Rivkin
Assistant Secretary, Bureau of Economic and Business Affairs
Washington, DC
October 29, 2014

Thank you, Mr. Ambassador.

Monsieur le Ministre, et vos collègues et ministers du Gouvernement algĂ©rien … Monsieur L’Ambassadeur …. Les capitaines d'industries et les dirigeants d'entreprise …. Mesdames and messieurs ….Bienvenue et As-Salaam-Alaikum.

I’d like to welcome Algerian Minister Abdeslam Bouchouareb, his delegation of governmental and business leaders from Algeria, and Ambassador Abdallah Baali to Washington.

I’d also like to welcome our guests from the U.S. Government and business representatives. And many thanks to the U.S.-Algeria Business Council for organizing the Roadshow.

It’s always exciting to me to speak with business people. I spent 20 years as a businessman in the entertainment industry. After that, I was honored to represent my country as an Ambassador of the United States. And I learned that being a businessman and being a diplomat were not so very different.

As a businessman, I learned the importance of not only measuring profitability in terms of dollars and cents; it was equally important to measure value in the difference my companies could make in people’s lives – or the changes in someone’s understanding about the world.

As Ambassador, a key element of success was understanding how to listen; how to find common ground between countries, to maximize the effectiveness of our policies. For me, it was important for success to flow in many directions.

So when Secretary Kerry asked me to join his economic team and help lead what he called his “shared prosperity agenda,” I knew exactly what he had in mind.

I lead a Bureau that works every day to do precisely that. So I am delighted to have this opportunity to speak to you about ways our business ties can change futures, and deliver jobs to the people of both our nations.

Some may ask: What are the opportunities in Algeria? The answer is simple. As we meet, Algeria is at a key moment in its history.

It is evolving from a country rich in oil resources – to a country that recognizes the importance of moving away from dependence on fossil fuels.

It understands that to become a prosperous nation, it must evolve towards a more diversified and sustainable economy. And that is good news for both the Algerian people and the U.S. firms prepared to become partners in that future.

The signs are promising. President Abdelaziz Bouteflika and his government have committed to building the country’s infrastructure, and bringing reforms that can spur job creation for Algerians and expand Algeria’s trade and investment.

As we speak, foreign investors, the Algerian business community, and the U.S. Embassy in Algiers are engaging the Algerian government on ways to improve the investment environment and attract more investment to Algeria.

We also recognize there is a long road still ahead, if Algeria is to realize its enormous potential.

Many U.S. investors and businesses with interests in Algeria have identified challenges that they continue to face. And forums like this provide an excellent platform to discuss them forthrightly and ask the important but sometimes difficult questions.

For example, the regulatory environment – according to many businesses and investors – is often opaque, which may create the perception of commercial risk for foreign investors.

Decision-making can be slow and there are often barriers to trade.

Another challenge is Algeria’s 51/49 rule, which prohibits foreign companies from having a majority ownership stake.

But as I look around me, I see Algeria’s political and economic leadership. I see representatives of some of Algeria’s largest agricultural, health care, hydrocarbon, construction, and manufacturing companies.

And on the American side, I see many of the companies with interests in Algeria, including senior management from GE, Anadarko, Varian, and AGCO.

You are precisely the right people to address these challenges in granular and tangible ways.

One major question to address would be Algeria’s accession to the World Trade Organization. We recognize that accession is a challenging process. But we strongly encourage Algeria to work through the many issues and make economic reforms in line with WTO obligations.

We are encouraged by the progress we see.

Alberto d’Alotto, president of the working group in charge of Algeria’s accession to the WTO, recently visited Algiers and had fruitful discussions with several ministers.

And it’s clear that your government fully recognizes the importance of Algeria’s WTO accession to jobs and economic diversification.

WTO accession will not only create greater trade between our countries, it will send a strong signal to investors that Algeria is committed to a rules-based trading system.

That certainty will encourage them to build business and support projects that will create employment opportunities for young Algerians.

This will support and build on other important successes – like Algeria’s decision to sign a Memorandum of Understanding with the U.S. Pharmaceutical Research and Manufacturers Association earlier this year. That’s a promising step to building a vital economic partnership.

I look forward to hearing many more success stories like Boeing’s recent contract with Air AlgĂ©rie to provide eight 737-800 aircraft, a contract estimated to be worth $724 million ... or General Electric’s three contracts – worth almost $3 billion – with SPE, which would create nine power plants to meet Algeria’s power sector needs.

With our shared interest in further improving the business climate, we can realize more contracts like GE’s with the Government of Algeria to construct five new hospitals that will strengthen its healthcare sector … or Varian Medical Systems’ $51 million contract with the Algerian Ministry of Health, which will help build the country’s cancer treatment infrastructure with three medical linear accelerators.

Algeria has a history that goes back longer than the United States. But the future stretches even longer in front of us – and the book is not yet written.

As long as the people of our two nations have aspirations and hopes for economic opportunity, it is our duty to honor them.

These and other business initiatives are some of the ways that we can write our own stories, create our own prosperity, and change the trajectories of our future.

All we need is the political will to support business-friendly environments, to continue the good faith that has endured between our two countries, and our collective imaginations. The seeds for all those things can start right here, and right now, in Washington.

Thank you.

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