Wednesday, January 21, 2015

SECRETARY KERRY'S REMARKS AT JOURNALISTS SECURITY CONFERENCE

FROM:   U.S. STATE DEPARTMENT 
Remarks at the Journalists Security Conference
Remarks
John Kerry
Secretary of State
Washington, DC
January 20, 2015

Well, thank you very much, Tom. Thanks for your outstanding service, your leadership, and your passion about this and all issues about human rights. And as Secretary of State, I will tell everybody it’s an enormous advantage to have an adviser who is so knowledgeable and so widely respected, so much so that the very name Malinowski has become synonymous, virtual synonym for leadership on the issue of human rights. It is my fervent wish that the world didn't give my assistant secretary of state so much to do.

This morning I also want to say thank you to another assistant secretary and his team for conceiving and organizing this conference. Now, I’ve known Doug Frantz for a long time. He worked with me in the United States Senate. He’s been in and out of journalism, but journalism is his passion, as well as public policy. And he’s really equally passionate with Tom about this issue of safety for journalists. And the reason is he was a great reporter himself and later had the experience of sending people on his staff into dangerous places, into war zones, to cover and shed light on the nature of the conflict to the rest of the world. And everybody here knows how much we value that. The open free flow of information is at the core of our democracy, at the core of our sense of rectitude about the relationship between people and the world around them.

And Doug is also somebody who tragically has lost close friends and colleagues who were killed simply for doing their jobs. Journalism is in his blood and he cares deeply about those who practice it and about the principles that should protect everybody’s freedom and safety as they go out simply to tell the story. So I thank him for bringing us together, and I thank the expert panelists – including my friends David Rhode and Sebastian Junger – from whom you are going to hear directly shortly. And I thank all of you for taking time out of your schedules, particularly those of you who have traveled some distance to be able to be here.

We all know that journalism can be dangerous. There’s no way to eliminate the risk completely, except by keeping silent, and that’s what we call surrender. So that’s not in the cards. The world obviously needs to be informed about what is happening. Silence gives power to dictators, to the abusers, to tyrants. It allows tyranny to flourish, not freedom. And so what is happening in high-threat locations such as Syria, Iraq, Somalia, or Central African Republic, Libya, Pakistan – all of these are places where they don’t want people to tell the story or they distort it. We need people who are going to shed light also on subtler forms of coercion that rot a society from within – corruption, crime. Exposing them can be dangerous, difficult, but equally critical to the capacity to have accountability and to respect the rights of people.

Today’s conference gives us a chance to look in a cooperative way at: How do we better protect journalists and other media workers who provide these windows on reality? And our particular focus is on local reporters and freelancers who lack the broad access to training and also lack, frankly, support from the largest news organizations that have a little more clout and a little more power and ability to be able to protect their people.

Why does this issue matter? Well, there are a bunch of reasons, but let me begin pretty starkly with a few: al-Moataz Bellah Ibrahim, Deniz Firat, James Foley, Gregorio Jimenez de la Cruz, Camille Lepage, Ali Mustafa, Andrea Rocchelli, Luke Somers, Steven Sotloff, and Bernard Verlhac. I could go on. Unfortunately, a bunch more were added the other day in Paris. These are much more than just names of people, folks. Each one of those names reflects a life that was prematurely cut off, and it was ended by violence – that’s just 2014, some of those names I read you; in the case of Monsieur Verlhac, earlier this month. And each reflects the death of a storyteller who had more stories to tell. Each is a personal tragedy. Each is a call to action. Each is a reminder that freedom of the press is not free but it is, in fact, very costly.

By now, we’re all familiar with the statistics. Nine media workers were among the dead in Paris. In 2014, at least 60 journalists were killed; 73 the year before that. And many others wounded, harassed, detained, or threatened. These are record numbers, getting worse, not better. And a sad litany is that it really reflects the collective failure on the part of the world community to end some of these conflicts and to preserve peace. There’s nothing I’d like more as Secretary of State than to see war correspondents left with no stories to cover; but until that distant day arrives, it’s going to remain the trademark of top international journalists that they rush to enter places that other folks are desperate to escape. It’s also true that the vast majority of the victims we mourn each year are local reporters covering local issues. And when the security environment heats up, these journalists can’t buy a plane ticket and go home. They are home. If they write or take pictures for a living, that’s the job that many of them are going to continue to do, and for that we ought to be grateful. But these journalists are also in danger, and the question today is: What more can we realistically do to help?

Decades ago, when I was preparing to go to Vietnam, I received training from the most professional military in the world. Yet I still found that a lot of what I saw and engaged in was jarring and unexpected – a certain level of lack of preparation despite the preparation, each day filled with unpleasant surprises. And even though reporters aren't sent anywhere to fight, they’re expected to do a job. And the more preparation that they have, frankly, the better the chances are for them to avoid danger. Measure that against the training that most reporters get today. What kind – what are we talking about here?

Well, you’re the experts. But if I were about to drop into an uncertain environment in order to try to cover the story, I’d sure as heck want to know as much as I could about how to protect myself, about what to expect, about what kind of equipment and supplies I should carry, about how to do first aid on myself or my colleagues, about how to develop educational and situational awareness, to identify warning signs about how to make sure that my communications are secure. I’d also want to know what not to do, what not to say, what not to have in my possession in case I were stopped or searched or abducted. And perhaps most of all, I’d want to have some help in preparing psychologically in knowing what to expect and in thinking about how to deal with the intense stress, with harsh questioning, with deprivation, and other forms of adversity. And I would feel a lot better if there were people I could call when the trouble arose or some signal or mechanism that existed to know my last location or where I was going, or all of those kinds of things that not everybody thinks about.

It’s good to know that you've prepared for the possibility that people have your back. As a rule, it’s not the responsibility, obviously, of government to step in and provide this kind of training. In fact, journalists ought to be as independent from the public sector as possible, and sometimes, that lack of independence confuses people, and those are some of the telling pre-indicators of a potential of trouble. But there are places where government can help. We do believe that.

Two years ago, the State Department launched what we call the SAFE Initiative, a pilot project to help local media workers in difficult regions. It now has five centers in various parts of the globe, and it’s focused on digital and physical security, psycho-social care, information sharing, and the establishment of regional security advisory networks. And thus far, it has reached some 300 working journalists. In addition, the U.S. Agency for International Development and State Department have programs that support independent media in more than 30 countries, including an internet freedom program that provides outlets with long-term mentoring, tools, training, and techniques to help reporters keep themselves and keep their data safe.

More generally, under President Obama, we have made support for press freedom one of the recurring themes of United States foreign policy. Each day, American diplomats make known our backing in one place or another directly to government, directly to the public, but firmly, in all cases, our backing for the right of people to speak, publish, broadcast, blog, tweet, and otherwise express themselves openly and without fear and without retribution. And when journalists are unfairly detained, we always raise this issue in our meetings with foreign officials at every level, and that is true whether the journalist is an American such as Jason Rezaian, who is being held in Iran, or from some other country where the rights of journalists are violated all too often.

And this is particularly important now because the world environment has obviously changed and changed significantly. It used to be that the primary threat to journalists was just being in the wrong place at the wrong time – you step on a landmine or you get in the way of a border or a fire or whatever happens. And we’ve lost people that way, obviously, in past wars. In the past, it was extremely rare for a member of the press to be intentionally targeted, stalked, followed. But in our era, roughly two-thirds of the reporters who die violently are killed because of, not despite, their profession. They are attacked for what they have written, silenced for what they have witnessed, or kidnapped for the leverage their capture may provide. And in most cases, the perpetrators are not caught.

The truth is that freedom of the press, whether symbolized by a pencil, a pen, a camera, or a microphone is under siege, purposefully. And that is because some people, some groups, and even some governments want to dictate the truth, want to define it, want to hide what we would know to be the truth. And obviously, we cannot and we will not let that happen, especially after the outrage in Paris on January 7th, we need to make certain that we are taking all the steps in our power to reiterate our commitment to the values that bring all of you here today.

So this morning there’s a band of brothers and sisters who are here today, and I have great confidence because of you in coming here today and in my knowledge of the people and mission you are on. I know you’re not going to give up and I have great confidence in the future of press freedom and the commitment of journalists of every description to go out and find the truth and report on it no matter where they are and what the resistance and no matter how stark the danger, no matter how many efforts are made to shut you down. And we will stand with you every step of the way in all the ways that we have at our disposal.

So I ask you to sort of have at it this morning. You’re going to hear from some experts, from some folks who've been through some pretty grueling experiences, and you’re going to have a chance to really dig into this and I urge you to do so. I’d like to just ask, just to get a sense of this, I’d ask all the journalists and other media workers who are here if you have ever been attacked or kidnapped or seriously threatened in the course of doing your jobs, I’d just like for you to stand, just so we get a sense of how many you here have been through that experience. Come on. You guys who were – how many people here who have been in that experience.

We’ll that’s pretty significant. That’s amazing, as a matter of fact. An enormous number. Thank you for standing, and please, I want you to stay, be part of this discussion. Please share with everybody what you've been through, what you learned from it, what you think could be done, and I really look forward to Doug and Tom reporting to all of us here in the Department what our road-map is going forward so that we can help to do our part to try to make you a little bit safer.

I thank you very, very much for being here and I think because of you perhaps we have a chance to make future generations of journalists a little safer, a little more secure. And I can guarantee you in doing so we all contribute to the possibilities of the truth winning out and of democracy getting stronger, and I thank you for that. Thank you very much. (Applause.)

Tuesday, January 20, 2015

MAN ARRESTED FOR TRYING TO ACQUIRE RICIN THROUGH THE "DARK WEB"

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, January 20, 2015
New York Man Indicted For Attempting to Acquire Deadly Toxin, Ricin

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and Assistant Director-in-Charge George Venizelos of the FBI’s New York Office, announced today that a federal grand jury returned a two-count indictment against Cheng Le for attempting to acquire and distribute ricin and committing postal fraud.  Le was arrested on Dec. 23, 2014, by the FBI in Manhattan.  He was presented on a Complaint before the U.S. Magistrate Judge James C. Francis IV on Dec. 24, 2014, and has been detained since his arrest.  He is expected to be arraigned on Friday, January 23, 2015, before the United States District Judge Alison J. Nathan.

“As alleged, Cheng Le attempted to acquire ricin, a potentially lethal toxin, through the Dark Web so that it could be used for deadly purposes,” said U.S. Attorney Bharara.  “Thankfully, with the help of our law enforcement partners he was intercepted and must now answer for his alleged crimes.”

“In the shadows of the Dark Web, criminals hide behind a veil of anonymity, sniffing out hidden opportunities to buy and sell illegal and potentially dangerous merchandise,” said Assistant Director-in-Charge Venizelos.  “As alleged, in this case, activity carried out in the marketplace served as a conduit for Le to obtain ricin. In his desire to acquire this potentially deadly toxin, he picked his own poison and now faces the consequences of the justice system.”

According to the Complaint, which was unsealed today in Manhattan federal court, and the indictment:

Ricin is a highly potent and potentially fatal toxin with no known antidote.  In December 2014, an individual (the Ricin Buyer) contacted an FBI online covert employee (the OCE) on an online forum.  During Dec. 2014, the Ricin Buyer exchanged a series of messages with the OCE, during which the Ricin Buyer explored the possibility of the OCE supplying the Ricin Buyer with ricin, for the Ricin Buyer to resell to at least one secondary buyer.

On or about Dec. 18, 2014, the Ricin Buyer directed the OCE to send a quantity of ricin to a particular postal box in Manhattan (the Postal Box).  The FBI later determined that the Postal Box belonged to Cheng Le.  Later that same day, FBI agents observed Le wear latex gloves while retrieving a package from the Postal Box (the Package) and mailing it at a nearby post office (the Post Office).  Law enforcement officers examined the Package, confirmed that it did not contain any hazardous materials, and determined that Le had listed a fake name as the Package’s return address.  A postal employee (the Postal Employee) informed the FBI that the Postal Employee had seen Le at the Post Office on multiple prior occasions and that Le has worn blue latex gloves on at least some of those occasions.

The FBI prepared a package (the Sham Shipment) that was consistent with the Ricin Buyer’s request to the OCE, which was then delivered to the Postal Box.  On Dec. 23, 2014, Le, wearing latex gloves, retrieved the Sham Shipment, opened it, and took the contents to his apartment, whereupon he was arrested by FBI agents.

*                      *                      *

The indictment charges Le, 21, in two counts.  Count One charges Le with attempting to possess a biological toxin for use as a weapon, and carries a maximum sentence of life in prison.  Count Two charges Le with using a fictitious name in furtherance of unlawful business involving the mail, and carries a maximum sentence of five years’ imprisonment.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Assistant Attorney General Carlin is grateful for the outstanding investigative efforts of the FBI, the New York City Police Department (NYPD) and the United States Postal Inspection Service (USPIS).  Le’s arrest is the result of the close cooperative efforts of the Justice Department’s National Security Division, U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force—which consists of law enforcement officers of the FBI, NYPD, USPIS and other agencies.

The case is being prosecuted by the office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Ilan Graff and Andrew D. Beaty are in charge of the prosecution, with assistance provided by Trial Attorney Joseph Kaster of the Justice Department’s Counterterrorism Section.

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

WHITE HOUSE VIDEO: THINGS YOU DIDN'T KNOW ABOUT THE STATE OF THE UNION

RECENT DOD PHOTOS: DROP ZONE PORDENONE

FROM:  U.S. DEFENSE DEPARTMENT 

U.S. paratroopers descend onto Juliet drop zone in Pordenone, Italy, Jan. 13, 2015. The paratroopers are assigned to the 173rd Brigade Support Battalion, 173rd Airborne Brigade. The aircraft crew is assigned to U.S. Air Force 86th Air Wing. U.S. Army photo by Paolo Bovo.
U.S. paratroopers come in for a landing on Juliet drop zone in Pordenone, Italy, Jan. 13, 2015. U.S. Army photo by Paolo Bovo. 



GEN. DEMPSEY MEETS WITH ITALIAN OFFICIALS OVER SECURITY

FROM:  U.S. DEFENSE DEPARTMENT 
Dempsey, Italian Officials to Discuss Security Concerns
By Lisa Ferdinando
DoD News, Defense Media Activity

ROME, Jan. 18, 2015 – The chairman of the Joint Chiefs of Staff is in Italy to discuss threats to Italy's southern flank and get the Italian perspective on the country's security issues, ahead of a two-day NATO meeting in Brussels.
The Italians are great military partners who have "stepped up in any number of missions," Army Gen. Martin E. Dempsey said in an interview here today.
Dempsey, who arrived in Rome earlier in the day, is to meet Monday with his Italian counterpart, Chief of Defense Adm. Luigi Binelli Mantelli, as well as Minister of Defense Roberta Pinotti.

The talks with this "key ally" come at an important time, Dempsey said.
"There have been approximately 160,000 immigrants from North Africa into Italy, (that) puts a huge burden on them, so they have some real concerns about their southern flank," he said.

Dempsey and European defense officials have expressed concern about the possible flow of foreign fighters, via the southern flank.

Dempsey lauded the Italians for their contributions to global military efforts, including in the United Nations mission in Lebanon, and against terrorists with the Islamic State of Iraq and the Levant, or ISIL.

Italy's leadership in NATO is critical to global security, particularly in the Mediterranean, according to the chairman, who also underscored the U.S. commitment to strong relations with Italy.

Italy and the U.S. are the top two contributors of on-the-ground trainers and advisors who are enabling the Kurds and Iraqis in the fight against extremists, defense officials noted.

There are more than 4,000 Italian service members serving overseas in Kosovo, Lebanon, Afghanistan, and the Horn of Africa on a number of missions, including peacekeeping, training, and counter-piracy missions, they said.
Allies gather in Brussels Wednesday, Thursday "In my three and a half years (as chairman) this is probably going to be the most important meeting of NATO's military leaders during that period," Dempsey said.

It is of such high importance, he said, because the representatives are "going to talk about the hard work that's been done at the staff level to meet those commitments" that were made in September at the Wales summit.

The NATO Military Committee conference in Brussels on Wednesday and Thursday is expected to include discussion on NATO's southern flank, Afghanistan, and efforts against ISIL.

Dempsey said he is looking forward to also hearing from the Italians about Italy's view on Eastern Europe and "aggressiveness" from Russia.

"The way they see it will determine how they balance their priorities and their resources," he said.

"Our relationship vis-a-vis Russia has changed. I don't think it's irreversibly changed," he said. "I think that in the next year, you'll find NATO in particular working toward determining how to react to that changed relationship."
Dempsey highlighted the importance of U.S.-NATO collaboration and maintaining strong ties with European allies.

"It's all about building relationships so that when things don't turn out the way you hope they will, you have a foundation to build on," he said.

FIRM AGREES TO STOP PRODUCING ADULTERATED & MISBRANDED SUPPLEMENTS & UNAPPROVED NEW DRUGS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 16, 2015
California Firm Agrees to Stop Production of Adulterated and Misbranded Dietary Supplements and Unapproved New Drugs

As a result of a lawsuit filed by the United States, a federal court in California has issued an injunction shutting down Health One Pharmaceuticals Inc., a City of Industry, California, based manufacturer of dietary supplements and unapproved new drugs.  The firm and its president, Richard S. Yeh, agreed to shut down and resolve the lawsuit as part of a consent decree.  The Justice Department filed the injunction action in the Central District of California at the request of the U.S. Food and Drug Administration (FDA).

The consent decree forbids the company from operating unless and until it takes a number of steps to improve its compliance with federal law.  The defendants have represented to the court that they have already ceased operations.

“Protecting the health of American consumers is some of the most important work we do,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “We have an unwavering commitment to ensuring that the dietary supplements in this country are safe and have been manufactured in accordance with federal law.”        

Based on the results of FDA inspections, the complaint alleged that the defendants violated the Federal Food, Drug and Cosmetic Act by delivering, or causing to be delivered for introduction into interstate commerce, dietary supplements that have been prepared, packed or held under conditions that do not meet current good manufacturing practice regulations.  Among other things, the complaint alleged that the defendants failed to meet current good manufacturing practices for dietary supplements by failing to conduct at least one appropriate test or examination to verify the identity of every dietary ingredient prior to using the ingredient.  Furthermore, the complaint alleged that the defendants’ dietary supplements were misbranded because their labels do not include all the information required by federal law.

The complaint further alleged that some of the defendants’ products were unapproved new drugs—and therefore cannot be lawfully distributed under federal law—because they were articles intended for use in the cure, mitigation, treatment or prevention of disease and, among other things, are not generally recognized as safe and effective for their intended uses and were not the subjects of new drug applications approved by FDA.  Furthermore, the complaint alleged that these drugs were misbranded because it is impossible to provide “adequate directions for use” for an unapproved new drug.

The FDA referred this matter to the Department of Justice.  The Civil Division’s Consumer Protection Branch, together with the U.S. Attorney’s Office for the Central District of California, filed this case on behalf of the United States.

The claims alleged in the complaint are allegations only and there has been no determination of liability.

CITIZEN SCIENTISTS ACCURATELY REPORT PRECIPITATION

FROM:  NATIONAL SCIENCE FOUNDATION 
Crowdsourcing yields a more accurate picture of rainfall and snowfall

Citizen scientists involved with the CoCoRaHS project advance their knowledge of atmospheric science while reporting precipitation data that is used by the National Weather Service and other agencies
It's the season of dramatic weather, when everyone from the National Weather Service to farmers and insurers monitor predictions of weather conditions--and assessments of where severe weather and its impacts are greatest. In this environment, a citizen science project called CoCoRaHS--the Community Collaborative Rain, Hail and Snow Network--makes possible a detailed view of rainfall, snowfall and hail in regions around the country. The organizers have found that precipitation is often highly variable--in extreme cases varying by inches at locations just a few blocks from each other.

CoCoRaHS was first envisioned in 1997, after an intense rainstorm in Fort Collins, Colo., caused massive flooding and more than $200 million in damage.

"Nothing in the radar indicated that the storm would cause this much damage," said Nolan Doesken, state climatologist at the Colorado Climate Center at Colorado State University, and founder of CoCoRaHS. "There was incredible variation in the amount of rainfall within the affected area--from less than 2 inches to more than 14 inches (which was close to the average rainfall for the whole year) over a distance of just 5 miles."

The unexpected severity of the storm and its uneven impacts suggested to Doesken that enlisting individuals and families to report on precipitation from their locations could provide a more accurate and useful picture of rainfall and snowfall around the state and the country.

So in 1998, CoCoRaHS was born, with the National Science Foundation (NSF) and the National Oceanic and Atmospheric Administration later becoming major sponsors. Since the program started, 46,000 people, including participants from every state in the nation, have signed up through the CoCoRaHS website. To participate in the network, each citizen scientist must invest in a high-capacity 4-inch-diameter rain gauge (at a cost of about $30). All new participants in the CoCoRaHS network receive training in how to place their gauges and take accurate readings. Then, each time a rain, hail or snow storm crosses their area, volunteers take measurements of precipitation.

Their reports are then recorded on the CoCoRaHS website. The data are displayed and organized for a range of end users--from the National Weather Service to the U.S. Department of Agriculture to emergency managers, hydrologists, farmers, ranchers, research scientists, educators, and the general public.

During 2014 there were more than 19,000 active users who set out rain gauges and sent in reports. Doesken notes that more than 11,000 reports come in every day.

Just as an image is sharper the more pixels it contains, having citizen scientists report precipitation data from thousands of locations provides a detailed picture valuable for predictions, emergency planning, insurance estimates, and a number of other uses.

But beyond its value to consumers of the data, CoCoRaHS is engaging non-scientists in the kind of observation, reporting and analysis done by scientists. The educational aspects of their work are particularly important to members of the CoCoRaHS community.

In addition to coordinating the volunteer reporting, CoCoRaHS sponsors webinars every month featuring experts discussing some aspect of weather or climate. Topics such as cloud formation, lightning, and atmospheric rivers of Pacific water vapor aiming at the west coast have been popular with the volunteers.

Charles Kuster, one of the network's youngest volunteer leaders, got involved with CoCoRaHS in 2001, when he was in seventh grade. He served as the county volunteer coordinator in Leadville, Colo. Since then, Kuster finished high school, attended Colorado State University, then pursued graduate school at the University of Oklahoma, a premier institution for meteorology. He continues to help the program in his spare time. Many other students across the country have also been able to participate.

"We hear from many of our volunteers that they had no idea that precipitation varied so much," said Doesken. "Some volunteers regret not having gone into science in college. Some say that they wish they'd pursued a scientific career--but that this this experience is giving them an outlet."

"Being able to contribute scientific data to a network and see the impact of your observations is a powerful experience," said Ellen McCallie, program director for the Advancing Informal STEM Learning program, through which CoCoRaHS is funded. "We're excited to see people from different age groups, different backgrounds, and different parts of the country who are taking part in research through CoCoRaHS. What volunteers are finding is fascinating--and it helps all of us better understand what we've experienced in our lives with rain, hail, and snow.

Those interested in joining the CoCoRaHS network can find out more by watching the videos posted above or visiting the CoCoRaHS website.

Investigators
Nolan Doesken
Steven Rutledge
Roger Pielke
Robert Cifelli
Victoria Jordan
Related Institutions/Organizations
Colorado State University
Locations
Fort Collins , Colorado

DOJ ANNOUNCES COURT INJUNCTION AGAINST MEDICAL LASER MANUFACTURER

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 16, 2015
Federal Court Issues Preliminary Injunction Against South Dakota Medical laser Manufacturer

A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.

U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA).  The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.

Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA).  The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.

Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA.  “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.

Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers.  As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”

“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “Everyone who deals in products that affect people’s health must comply with the FDCA.”

According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes.  Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions.  The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health.  The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.

“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota.  “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”

The FDA referred this enforcement action to the Department of Justice.  The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.

COMMONWEALTH OF PENNSYLVANIA TO PAY NEARLY $49 MILLION TO RESOLVE ILLEGAL PAYMENT OF BENEFITS ALLEGATIONS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 16, 2015
Commonwealth of Pennsylvania to Pay $48.8 Million to Resolve Federal Government's Claims that it Provided Benefits to Ineligible Aliens

The commonwealth of Pennsylvania will pay $48.8 million to resolve the federal government’s claims that it provided benefits to ineligible aliens in violation of federal law, the Justice Department announced today.  The benefits at issue were provided under three programs: Medicaid, Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.

“The Department of Justice will continue to ensure that everyone, including the states, follows the law, but also recognizes the importance of these programs administered by the state that are essential for lower income individuals,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “This settlement demonstrates our commitment to protect taxpayer funds and ensure they are used for their intended purposes.”

Under the Personal Responsibility Work Opportunity Act, enacted in 1996, only documented aliens who meet certain low-income requirements and who have been in the country for more than five years may receive non-emergency Medicaid, TANF or SNAP benefits.  The law also requires states to verify recipients’ eligibility before providing these means-tested benefits.  The United States alleged that, between 2004 and 2010, the commonwealth of Pennsylvania provided Medicaid, TANF and SNAP benefits to ineligible aliens in violation of these restrictions.

“The staff of the civil division in our office has worked closely and diligently with our sister federal agencies, the Pennsylvania Department of Human Services and the Governor’s office to make needed corrections to the operation of programs that are vital to low income families,” said U.S. Attorney Peter J. Smith for the Middle District of Pennsylvania.  “At the same time, after lengthy negotiations, a fair and reasonable settlement has been achieved in the best interest of Pennsylvania tax payers.”

“Our agency will continue to work hard to ensure taxpayer-funded benefits are provided only to those eligible to receive them,” said Special Agent in Charge Nick DiGiulio for the Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office.

“We are pleased that this issue has been resolved,” said Administrator Audrey Rowe of the U.S. Department of Agriculture (USDA)’s Food and Nutrition Service. “We will continue to work with Pennsylvania to ensure that the SNAP program is administered appropriately to benefit only those who are eligible.”

Acting Assistant Attorney General Branda thanked HHS-OIG, USDA’s Office of Inspector General and Food and Nutrition Service, the U.S. Attorney’s Office for the Middle District of Pennsylvania and the Civil Division’s Commercial Litigation Branch, for the collaboration that resulted in the settlement.

Monday, January 19, 2015

AMBASSADOR POWER'S REMARKS ON UNDERDEVELOPMENT AS IT RELATES TO PEACE AND SECURITY

FROM:  U.S. STATE DEPARTMENT 
Remarks by Ambassador Samantha Power, U.S. Permanent Representative to the United Nations, at a Security Council Debate on Inclusive Development for the Maintenance of International Peace and Security
Samantha Power
U.S. Permanent Representative to the United Nations 
New York, NY
January 19, 2015
AS DELIVERED

Thank you, President Bachelet, for chairing this critically important session, and for Chile’s leadership on these issues and many others in the Council and around the world. Thank you, as well, for your lifelong efforts – including during your tenure here as director of UN Women, and as Chilean President – to advance the causes of development and peace. Thanks also to Nobel Peace Prize laureate Leymah Gbowee, we can all see why you have made the difference that you have in Liberia and well beyond. You are truly formidable. And thank you Mr. Secretary-General and Ambassador Patriota for your very important contributions.

As threats to international peace and security have evolved, so has the Council’s conception of them. Consider two of the great crises we face today: the Ebola epidemic and violent extremism. While neither represents the kind of risk that may have been imagined by the architects of the United Nations, each threatens the stability and prosperity of multiple countries. And both highlight the way that underdevelopment can pose a risk to peace and security. One of the main reasons that Ebola spread as quickly as it did in West Africa – and has killed such a high proportion of the people that it has infected – is the acute underdevelopment of the public health systems in the affected countries. And as President Obama observed in his remarks before the General Assembly in September, violent extremist groups have found their most fertile recruiting grounds “in the Middle East and North Africa, where a quarter of young people have no job, where food and water could grow scarce, where corruption is rampant and sectarian conflicts have become increasingly hard to contain.”

The connection between development and peace and security extends beyond Ebola and violent extremism. The average civil war sets back a medium-sized developing country more than 30 years in terms of economic growth, trade levels after major violence take an average of 20 years to recover, and the global economic impact of stemming such violence is estimated at 9.5 trillion dollars, or approximately 11 percent of the Gross World Product. These figures show what should be clear to all: the economic and social health of countries is intrinsically linked to their ability to secure and maintain peace. More than 80 percent of extremely poor people – those who survive on less than a dollar a day – are expected to live in countries affected by conflict and chronic violence by 2025. We know that this is not a challenge we can ignore. We have to do something more.

One place to start is with women and girls. Leymah’s story is testament to the critical goal that women can play in advancing peace and security. In the middle of Liberia’s second brutal civil war, she rallied thousands of women to pray for peace, and founded a group that staged weeks-long non-violent protests calling for an end to the conflict. Women’s activism helped build grassroots pressure on Liberia’s president at the time, Charles Taylor, to engage in peace talks with rebels. When those talks faltered, she and 200 women formed a human chain to prevent the government and the rebels from leaving the negotiating table. Of course, the government and the rebels could have pushed their way through that chain. But the women’s symbolic demand for peace, together with international pressure, helped keep both sides at the negotiating table, and within weeks they reached a deal.

If we agree that international peace and security is bound up with inclusive development, it follows that one of the best ways for the international community to consolidate peace, and to help end conflict, is to bridge enduring development gaps.

That is why, in addition to investing unprecedented resources in stopping the Ebola outbreak at its source, and in leaving the affected countries with stronger public health systems than they had before the outbreak – including the efforts of more than 3,000 American engineers, epidemiologists, doctors, and others on the ground, mainly in Liberia, President Obama has launched the Global Health Security Agenda. The GHSA is aimed at preparing countries to prevent, detect, and rapidly respond to outbreaks before they become epidemics. During a meeting with President Obama last September, 43 countries joined us in announcing more than 100 specific commitments to strengthen global health security, together with the WHO and other international institutions.

That is why we have invested so much time in the Post-2015 development agenda, which aims for inclusive and equitable development that leaves no one behind in any country – developing or developed – and not only in terms of gender equality and global health, but across other areas such as education, water and sanitation, sustainable energy, and inclusive and responsive governance. That is why the United States has strongly advocated for Goal 16, which focuses on promoting peaceful and inclusive societies, providing access to justice for all, and building accountable and inclusive institutions at all levels. If we can achieve this goal – through reducing corruption, promoting universal free and legal identity, and ensuring public access to information – we can ensure that the UN’s next development agenda will help empower those who need it most.

And this is why, in Afghanistan, we have invested robustly in ensuring that women and girls are more fully integrated into Afghan society. Since 2001, school enrollment there has increased tenfold, with nearly 10 million children now signed up, 40 percent of whom are girls. Maternal mortality has fallen from 16 percent to 3 percent. And today women hold 28 percent of the Afghan Parliament’s seats – a higher proportion than in my own country. All of these investments, all of this progress, not only make women more equal partners in Afghanistan’s future, but they give Afghanistan far brighter prospects for a more secure and prosperous future.

Today, as has been said, we commemorate the life of another Nobel Peace Prize laureate, and one of the world’s greatest human rights champions – Dr. Martin Luther King, Jr. In one of his last speeches, Dr. King spoke of what he called, “the Other America” – a country he contrasted with the America of opportunity and equality. The Other America, he said, had a “daily ugliness about it that transforms the buoyancy of hope into the fatigue of despair.” Dr. King spoke of men without work; of families living in miserable conditions; of children denied access to a quality education. And he spoke of how such inequality posed an enduring obstacle to American prosperity, calling on all Americans to bridge these gaps.

It has been nearly fifty years since Dr. King spoke to the need to address these gaps in the United States, and yet so many of the gaps persist, here in the United States and around the world. His call to action is as resonant and urgent today as when he first made it. We must do everything in our power to do our part to fulfill it.

Thank you.

Martin Luther King Jr. Day of Service Video

ENHANCING TRANSPARENCY AND ACCOUNTABILITY AT NSF

FROM:  NATIONAL SCIENCE FOUNDATION 
New Steps to Enhance Transparency and Accountability at the National Science Foundation
Important Notice No. 137
January 13, 2015

IMPORTANT NOTICE TO PRESIDENTS OF UNIVERSITIES AND COLLEGES AND HEADS OF OTHER NATIONAL SCIENCE FOUNDATION GRANTEE ORGANIZATIONS

Subject: New Steps to Enhance Transparency and Accountability at the National Science Foundation

Over the last year, the National Science Foundation has taken new steps to enhance transparency and accountability. This notice focuses on efforts to clarify NSF's award abstracts, which serve a different purpose than the project summary that is submitted as part of a proposal.

Effective December 26, 2014, NSF's updated Proposal and Award Policies and Procedures Guide (PAPPG) (NSF 15-1) includes the following statement about award abstracts: "Should a proposal be recommended for award, the PI (Principal Investigator) may be contacted by the NSF Program Officer for assistance in preparation of the public award abstract and its title. An NSF award abstract, with its title, is an NSF document that describes the project and justifies the expenditure of Federal funds."

While our update to the PAPPG clarifies the possible role of the PI in helping NSF prepare award abstracts, NSF would like to share the Foundation's guidelines about NSF award abstracts with the science, engineering and education communities to help improve communication about the nature of the award to the public.

The NSF public award abstract consists of both a nontechnical and technical component. The nontechnical component of the NSF award abstract must:

explain the project's significance and importance; and
serve as a public justification for NSF funding by articulating how the project serves the national interest, as stated by NSF's mission: to promote the progress of science; to advance the national health, prosperity and welfare; or to secure the national defense.
By sharing these guidelines, NSF is clarifying the nature of requested assistance from PIs in this valuable effort in helping the agency adhere to its newly established guidelines. This collaborative effort also helps foster stronger public communication about the value of federal investments in fundamental research.

France A. Córdova
/s/
Director

NSF VIDEO: ENORMOUS UNDERWATER FOSSIL GRAVEYARD FOUND

AG HOLDER UPDATES HOW JUSTICE OBTAINS RECORDS FROM NEWS MEDIA

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, January 14, 2015
Attorney General Holder Announces Updates to Justice Department Media Guidelines

WASHINGTON –Attorney General Eric Holder announced today expanded revisions to the Justice Department’s policy regarding obtaining information from, or records of, members of the news media.

The updated policy was announced via a memo by Attorney General Holder to all Justice Department employees.

“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people, and the news media’s role in ensuring the free flow of information,” Attorney General Holder said.  “This updated policy is in part the result of the good-faith dialogue the department has engaged in with news industry representatives over the last several months.  These discussions have been very constructive and I am grateful to the members of the media who have worked with us throughout this process.”

Attorney General Holder first ordered a review of the department’s media guidelines in 2013.  He then announced initial revisions to those guidelines in February of last year.  The latest revisions arose following comments from federal prosecutors and other interested parties, including news media representatives.  These meetings with news media representatives included the inaugural convening of the Attorney General’s News Media Dialogue Group in May 2014.

Among the new revisions announced today, the Attorney General has directed that the guidelines eliminate the use of the word “ordinary” when describing newsgathering activities affected by the policy.  The revisions also serve to expand high-level review by the Attorney General for the use of certain law enforcement tools, such as subpoenas and applications for warrants, where the information sought from a member of the news media relates to newsgathering activities.

The updates announced today will revise existing department regulations, and the U.S. Attorney’s Manual will be updated to reflect the changes and provide further guidance to prosecutors as well.

A copy of the Attorney General’s memorandum accompanying the revised guidelines is attached.

WHITE HOUSE FACT SHEET ON U.S.-U.K. CYBERSECURITY COOPERATION

FROM:  THE WHITE HOUSE 
January 16, 2015
FACT SHEET: U.S.-United Kingdom Cybersecurity Cooperation

The United States and the United Kingdom agree that the cyber threat is one of the most serious economic and national security challenges that our nations face.  Every day foreign governments, criminals, and hackers are attempting to probe, intrude into, and attack government and private sector systems in both of our countries.  President Obama and Prime Minister Cameron have both made clear that domestic cybersecurity requires cooperation between governments and the private sector.  Both leaders additionally recognized that the inherently international nature of cyber threats requires that governments around the world work together to confront those threats.

During their bilateral meetings in Washington, D.C. this week, President Obama and Prime Minister Cameron agreed to further strengthen and deepen the already extensive cybersecurity cooperation between the United States and the United Kingdom.  Both leaders agreed to bolster efforts to enhance the cybersecurity of critical infrastructure in both countries, strengthen threat information sharing and intelligence cooperation on cyber issues, and support new educational exchanges between U.S. and British cybersecurity scholars and researchers.

Improving Critical Infrastructure Cybersecurity

The United States and United Kingdom are committed to our ongoing efforts to improve the cybersecurity of our critical infrastructure and respond to cyber incidents.  Both governments have agreed to bolster our efforts to increase threat information sharing and conduct joint cybersecurity and network defense exercises to enhance our combined ability to respond to malicious cyber activity.  Our initial joint exercise will focus on the financial sector, with a program running over the coming year.  Further, we will work with industry to promote and align our cybersecurity best practices and standards, to include the U.S. Cybersecurity Framework and the United Kingdom’s Cyber Essentials scheme.

Strengthening Cooperation on Cyber Defense

The United States and the United Kingdom work closely on a range of cybersecurity and cyber defense matters.  For example, the U.S. Computer Emergency Readiness Team (US-CERT) and CERT-UK collaborate on computer network defense and sharing information to address cyber threats and manage cyber incidents.  To deepen this collaboration in other areas, the United Kingdom’s Government Communications Headquarters (GCHQ) and Security Service (MI5) are working with their U.S. partners – the National Security Agency and the Federal Bureau of Investigation – to further strengthen U.S.-UK collaboration on cybersecurity by establishing a joint cyber cell, with an operating presence in each country.  The cell, which will allow staff from each agency to be co-located, will focus on specific cyber defense topics and enable cyber threat information and data to be shared at pace and at greater scale.

Supporting Academic Research on Cybersecurity Issues

The governments of both the United States and the United Kingdom have agreed to provide funding to support a new Fulbright Cyber Security Award.  This program will provide an opportunity for some of the brightest scholars in both countries to conduct cybersecurity research for up to six months.  The first cohort is expected to start in the 2016-17 academic year, and the U.S.-UK Fulbright Commission will seek applications for this cohort later this year.

In addition, the Massachusetts Institute of Technology’s Computer Science & Artificial Intelligence Laboratory (located in Cambridge, MA) has invited the University of Cambridge in the United Kingdom to take part in a “Cambridge vs. Cambridge” cybersecurity contest.  This competition is intended to be the first of many international university cybersecurity competitions.  The aim is to enhance cybersecurity research at the highest academic level within both countries to bolster our cyber defenses.

FTC ANNOUNCES REFUNDS CHECKS TO CONSUMERS WHO LOST MONEY IN "RACHEL FROM CARDHOLDER SERVICES" FRAUD

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Sends Refund Checks Totaling More Than $700,000 to Consumers Who Lost Money in Robocall Scheme
More Than 16,500 Checks Are Being Mailed This Week

The Federal Trade Commission is mailing 16,590 refund checks totaling more than $700,000 this week to consumers who lost money to a “Rachel from Cardholder Services” scheme that allegedly promised to reduce the interest rate on consumers’ credit cards for an up-front fee. Each check will be for $42.95.

The refunds are being made from funds collected through a November 2013 settlement with Emory L. “Jack” Holley IV, Lisa Miller, and the six corporate defendants they controlled, which include ELH Consulting d/b/a Proactive Planning Solutions, and Purchase Power Solutions, LLC and a June 2013 settlement with four other defendants, which include Key Tech Solutions, LLC, d/b/a Key One Solutions, and 3Point14 LLC, d/b/a Elite Planning Group.

Analytics, the redress administrator for this matter, will mail refund checks to eligible consumers this week. The checks must be cashed within 60 days of the date they are issued or they will become void. Recipients should note that the FTC never requires consumers to pay money or provide information before redress checks can be cashed.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.

PRESIDENT OBAMA SPEAKS ON WORKING FAMILIES IN A 21ST CENTURY ECONOMY

Sunday, January 18, 2015

DOD'S 2013 REPORT ON SUICIDE

FROM:  U.S. DEFENSE DEPARTMENT 
Release No: NR-018-15
January 16, 2015
DoD Releases 2013 Annual Report on Suicide

Today, the Department of Defense (DoD) released its 2013 calendar year Suicide Event Report (DoDSER), which details the number of suicide attempts and deaths for U.S. service members.

The DoDSER also includes detailed assessments of demographic information, behavioral health history, and deployment history for each suicide event. This comprehensive information informs DoD senior leaders as they make policy decisions to improve suicide prevention efforts.

In calendar year 2013, active component suicide totals and rates declined over 2012, while reserve components had a slight increase. There were 229 deaths by suicide among active component service members and 220 deaths by suicide among selected reserve component service members (87in the reserve and 133 in the National Guard).

The suicide rate per 100,000 in 2013 was 18.7 for active component service members, 23.4 for reserve component and 28.9 for National Guard.
“One suicide among our ranks is too many,” said Jackie Garrick, director of the Defense Suicide Prevention Office. “Suicide is complex, and the better we understand these events in our community, the better we will be able to assist service members in crisis. We consider any measure that saves a life as one worth taking. ”

The department is actively engaged in suicide prevention efforts. Each of the services conducts suicide prevention awareness training for service members and families, and DoD has expanded access to mental health care by increasing the number of providers, embedding them at the unit level and training community clinicians in military cultural competence. Directors of Psychological Health are available for the National Guard.

NSF VIDEO: CES 2015 - THE INCREDIBLE SHRINKING CHIP

AG ISSUES ORDER THAT PROHIBITS FEDERAL AGENCY FORFEITURE OF ASSETS SEIZED BY STATE, LOCAL LAW ENFORCEMENT

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 16, 2015
Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety

Today, Attorney General Eric Holder issued an order setting forth a new policy prohibiting federal agency forfeiture, or “adoptions,” of assets seized by state and local law enforcement agencies, with a limited public safety exception.  A federally adopted forfeiture – or “adoption” for short – occurs when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency take the seized asset and forfeit it under federal law.  The U.S. Department of the Treasury, which has its own forfeiture program, is issuing a policy consistent with the Attorney General’s order and that policy will apply to all participants of the Treasury forfeiture program, administered by the Treasury Executive Office for Asset Forfeiture.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” said Attorney General Holder.  “This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program.  Asset forfeiture remains a critical law enforcement tool when used appropriately – providing unique means to go after criminal and even terrorist organizations.  This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties.”

The Attorney General ordered that federal agency adoption of property seized by state or local law enforcement under state law be prohibited, except for property that directly relates to public safety concerns, including firearms, ammunition, explosives and property associated with child pornography.  The prohibition on federal agency adoption includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables, cash and other monetary instruments.  This order is effective immediately and applies to all Justice Department attorneys and components, and all participants in the Department of Justice Asset Forfeiture Program.  The new policy will ensure that adoption is employed only to protect public safety, and does not extend to seizures where state and local jurisdictions can more appropriately act under their own laws.

Both the Justice and Treasury Departments regularly review their asset forfeiture programs to ensure that federal asset forfeiture authorities are used carefully and effectively to take the profit out of crime, combat organized crime groups, and enable victim compensation, while ensuring that laws are followed, civil liberties are protected, and our constitutional system is strengthened.  Since 2000, the Justice Department has returned approximately $4 billion in forfeited funds to victims of federal crime.  Both departments will be part of the Law Enforcement Equipment Working Group, which will provide recommendations to the President regarding actions that can be taken to improve programs, like asset forfeiture, that help local law enforcement obtain equipment.

The Justice Department’s policy permitting federal agencies to adopt seizures dates from the inception of the Asset Forfeiture Program in the 1980s.  The Treasury Department’s adoption policy has been part of its Asset Forfeiture Program since its inception in 1993.  At the time that these policies were implemented, few states had forfeiture statutes analogous to the federal asset forfeiture laws.  Consequently, when state and local law enforcement agencies seized criminal proceeds and property used to commit crimes, they often lacked the legal authority to forfeit the seized items.  Turning seized assets over to federal law enforcement agencies for adoption was a way to keep those assets from being returned to criminals.  Today, however, every state has either criminal or civil forfeiture laws, making the federal adoption process less necessary.  Indeed, adoptions currently constitute a very small slice of the federal asset forfeiture program.  Over the last six years, adoptions accounted for roughly three percent of the value of forfeitures in the Department of Justice Asset Forfeiture Program.

The new policy applies only to adoptions, not to seizures resulting from joint operations involving both federal and state authorities, or to seizures pursuant to warrants issued by federal courts.  The policy does not limit the ability of state and local agencies to pursue the forfeiture of assets pursuant to their respective state laws.  Law enforcement agencies working on joint task forces are required to follow the 2015 Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation or Gender Identity.

U.S. LABOR DEPT ON ADVANTAGES OF PAID LEAVE

FROM:  U.S. LABOR DEPARTMENT 
Championing Paid Leave to Strengthen the Middle Class

President Obama unveiled new proposals to strengthen the middle class by giving working families greater flexibility to balance the competing demands of their families and jobs. On Jan. 15, the president called on Congress, states and cities to pass legislation that would allow millions of workers to earn paid sick leave. He also encouraged Congress to pass legislation giving federal employees six weeks of paid parental leave, and proposed more than $2 billion in funds to encourage states to develop paid family and medical leave programs. In a related announcement, U.S. Secretary of Labor Thomas E. Perez disclosed that the department will use $1 million in existing funds to help states and municipalities conduct studies on paid leave implementation. "This isn't just a question of work-family balance," Perez said. "It goes to the heart of economic security for millions of middle-class working families." Following the announcements, Obama and Perez discussed the benefits of paid leave with three workers at Charmington's Café in Baltimore, which pays all of its employees above the minimum wage and offers paid sick leave.

THOMAS O. MELIA MAKES REMARKS ON SYRIA

FROM:  U.S. STATE DEPARTMENT 
Examining the Crisis in Syria: What Can Be Done?
Remarks
Thomas O. Melia
Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor
Conference Hosted by Arizona State University and New America Foundation
Washington, DC
January 15, 2015

Thank you, Joyce, and thank you to ASU and New America for inviting me to join this conference on Syria and particularly this panel on “What Can Be Done?"

My colleagues here and in previous panels have described the horrific conditions under which millions of Syrians live. The Asad regime continues to carry out abhorrent crimes and violations against the Syrian people -- including murder, hostage-taking, enforced disappearances, torture, rape, sexual violence, use of child soldiers, targeting civilians, and indiscriminate bombing.

The regime continues to imprison tens of thousands of individuals, many arbitrarily, and subjects many to torture, sexual violence, inhumane conditions, denial of fair trials, and execution. These prisoners include women, children, doctors, humanitarian aid providers, human rights defenders, journalists, and others, from every part of Syria’s religious and ethnic fabric. Estimates of total prisoners detained by the regime are difficult to verify given the dearth of independent monitors and the violations against them, but documentation groups estimate that 215,000 persons have been detained, including 35,000 political prisoners. These tens of thousands of documented political prisoners were reportedly detained based on their political activism and affiliations, their attempts to document abuses, and organize their communities in defense of basic human rights.

There are likely many more political prisoners, but their families have not been informed of their arrest and charges or groups have not been able to confirm their status given the ongoing restrictions. Credible Syrian groups also estimate at least 85,000 persons have been forcibly disappeared. Many are most likely either dead or in captivity.

Syrian civilians already terrorized by Asad's barrel bombs and starvation sieges are now additionally threatened by the vicious terrorist group, the Islamic State of Iraq and the Levant, or ISIL, and its Al Qaeda affiliated rival and counterpart, Al Nusra. ISIL arose in part because a dictator in Syria has spent nearly four years destroying towns and cities, driving half the people of his country from their homes until some of them became so desperate that they turned to the false deliverance ISIL and groups like it offer.

[Deputy Assistant Secretary Clements] In support of many of the displaced, the U.S. is the largest donor in response to the humanitarian crisis, providing over $3 billion to support life-saving humanitarian assistance, such as clean water, food, and medicine to people inside the country, as well as over 3 million refugees who have fled from the horrors of this tragic conflict. My colleagues at USAID and PRM and other parts of the USG are the principal people mobilizing these resources and implementing the programs.

Working with our Coalition partners, we have come to the aid of members of communities targeted by ISIL and have dealt it strategic blows, halting its advance and thus helped prevent further atrocities. I’m sure that everyone in this room is familiar with the Coalition airstrikes, including the airstrikes on Kobani that have allowed Kurdish fighters to push back ISIL militants from their territory.

Our support for the armed moderate opposition is helping them do more to protect their people in liberated areas, push back the terrorists and defend against the regime.

Before the airstrikes and support for the armed opposition, we were working – and we continue working – with civilians on the ground to protect vulnerable communities, strengthen civil society structures and local governance structures on the ground, and document atrocities on all sides of the war eventually to hold those responsible accountable for their actions and deliver justice to victims. Amidst all the bad news from Syria, it is important to remember that there is a great deal in Syria and among its people that is worth defending and that can be built upon to achieve a better future for Syria.

Dedicated Syrians are bravely trying to maintain local self-government, functioning police and judicial institutions, to keep open schools, to deliver services, to rescue people injured in the fighting, and to rebuild what is constantly being destroyed.

The U.S. Government is also providing $330 million in non-lethal support to the Syrian Opposition Coalition (SOC), moderate armed opposition, local opposition councils, and civil society groups, and non-lethal support to vetted members of the moderate armed opposition to help Syria's moderate center stay alive. U.S. assistance is being directed to maintain public safety and to mitigate sectarian violence. Assistance includes training and equipment to build the capacity of a network of more than 3,000 grassroots activists from more than 400 opposition councils and organizations from around the country.

This assistance enhances linkages among Syrian activists, human rights organizations, and independent media outlets and empowers women leaders to play a more active role in transition planning.

In furtherance of the goals set forth in the U.S. National Action Plan on Women, Peace and Security, U.S. support inside Syria empowers women to take an active role in governance, civic engagement, and conflict resolution. We are also amplifying the voices of Syrian women civil society leaders participating in peace-building initiatives such as in mediating local ceasefires, ensuring their perspectives are considered by the international community. We provide trainings and tools to enhance the digital security of activists and journalists to mitigate threats by all parties to the conflict.

Even in the face of this continued onslaught, courageous Syrians continue their pursuit of peace, justice, and fundamental freedoms, and civil society and human rights defenders document abuses and violations committed by both the regime and armed groups. Civil society actors provide an essential link between Syrians and the international community on a range of issues related to peace, security, and justice. The U.S. Government engages with civil society particularly on shared priorities including: protection issues, human rights, women’s empowerment, cross-sectarian reconciliation, and transitional justice. I have had the honor to meet with many dedicated activists, including some who have survived horrific imprisonments and great personal risk to continue their advocacy.

I have had the opportunity to meet just a few dozen Syrian activists, but through our outreach and programs, we aim to support many more. One of the thousands of brave human rights activists is Razan Zeituneh, who has played a critical role in documenting human rights violations and calling for peace as the founder of the Violations Documentation Center. She, her husband Wael Hamada, and their colleagues Samira Khalil and Nazem Hammadi – also known as the Douma Four – were abducted and kidnapped in Douma in December 2013. Their whereabouts are still unknown. Razan, like so many Syrians who took to the streets over three years ago, has called for the end of torture, respect for human rights, and a peaceful end to the conflict.

As Secretary Kerry has said when publicly calling for the release of Razan and her colleagues, “we stand in awe of her leadership and heroism… Their voices must not be silenced – their voices must be empowered.” Razan has also demonstrated the critical role that women as agents of change have played and continue to play in Syria. Those responsible for the multitude of other abuses and violations of human rights, must be held accountable.

To establish a peaceful, inclusive political solution in Syria, we must remain committed to seeking justice for victims of atrocities and accountability for those responsible for such heinous crimes. Towards this end, the United States supports programs to enable Syrian civil society to document human rights abuses.

This documentation, led by Syrians, can serve a wide range of future transitional justice purposes, including, but not limited to truth-telling, reconciliation, reparations, institutional reform, memorialization, evidence collection, and criminal accountability. We are supporting a number of initiatives focused on transitional justice and atrocity documentation, aimed at bolstering accountability for atrocities committed by all sides. The United States, along with eight other governments, supports the Syria Justice and Accountability Center (SJAC) as one of the premier Syrian-led institutions leading impartial documentation efforts through its database, analysis, training, and networks inside Syria. The information collected lays the groundwork for future accountability processes, including potential criminal prosecutions.

We also strongly support the efforts of the United Nations, including the critical reporting provided by the Commission of Inquiry and the efforts of the UN Special Envoy who continues to seek a negotiated political solution. We will continue to support efforts to pursue a political solution that will result in a united, inclusive, and democratic Syria. We will also continue to work with partners to end the atrocities, lay a foundation for justice, and sustainable peace in Syria.

To bring an end to the human rights violations carried out by the regime and the abuses by terrorist groups like ISIL, we must confront its root causes through a negotiated political solution that stops the violence and addresses all dimensions of human rights and international humanitarian law to the conflict. The crisis demands a political solution that leads to a sustainable peace for all Syrians, men and women alike; the U.S. Government will continue to support the Syrian people in pursuing this outcome.

FTC ANNOUNCES $21 MILLION PAYOUT FROM ONLINE PAYDAY LENDING COMPANIES

FROM:  U.S. FEDERAL TRADE COMMISSION 
 Online Payday Lending Companies to Pay $21 Million to Settle Federal Trade Commission Charges that They Deceived Consumers Nationwide
Lender Will Waive $285 Million in Other Charges

Two payday lending companies have settled Federal Trade Commission charges that they violated the law by charging consumers undisclosed and inflated fees. Under the proposed settlement, AMG Services, Inc. and MNE Services, Inc. will pay $21 million – the largest FTC recovery in a payday lending case – and will waive another $285 million in charges that were assessed but not collected.

“The settlement requires these companies to turn over millions of dollars that they took from financially-distressed consumers, and waive hundreds of millions in other charges,” said Jessica Rich, Director of the Bureau of Consumer Protection. “It should be self-evident that payday lenders may not describe their loans as having a certain cost and then turn around and charge consumers substantially more.”

The FTC filed its complaint in federal district court in Nevada against AMG and MNE Services and several other co-defendants, in April 2012, alleging that the defendants violated the FTC Act by misrepresenting to consumers how much loans would cost them. For example, the defendants’ contract stated that a $300 loan would cost $390 to repay, but the defendants then charged consumers $975 to repay the loan.

The FTC also charged the defendants with violating the Truth in Lending Act (TILA) by failing to accurately disclose the annual percentage rate and other loan terms and making preauthorized debits from consumers’ bank accounts a condition of the loans, in violation of the Electronic Funds Transfer Act (EFTA). MNE Services lent to consumers under the trade names Ameriloan, United Cash Loans, US Fast Cash, Advantage Cash Services, and Star Cash Processing. AMG serviced the loans.

In May 2014, a U.S. district court judge held that the defendants’ loan documents were deceptive and violated TILA, as the FTC had charged in its complaint.

In addition to the $21 million payment and estimated $285 million in waived charges, the settlement also contains broad prohibitions barring the defendants from misrepresenting the terms of any loan product, including the loan’s payment schedule, the total amount the consumer will owe, the interest rate, annual percentage rates or finance charges, and any other material facts. The settlement order prohibits the defendants from violating TILA and EFTA.

The Commission vote approving the proposed stipulated final order was 5-0. It was filed in the U.S. Court for the District of Nevada on January 15, 2015. The FTC’s action remains in litigation as to defendants SFS, Inc., Red Cedar Services, Inc., AMG Capital Management, LLC, Level 5 Motorsports, LLC, LeadFlash Consulting, LLC, Black Creek Capital Corporation, Broadmoor Capital Partners, LLC, Scott A. Tucker, the estate of Blaine A. Tucker, Don E. Brady, and Robert D. Campbell, and relief defendants Park 269, LLC and Kim C. Tucker.

NOTE: Stipulated orders have the force of law when approved and signed by the District Court judge.

DOD VIDEO: NATIONAL GUARD RESPONDING TO MICHIGAN PILEUP


ASSISTANT SECRETARY RUSSEL'S REMARKS ON INTERNATIONAL TRADE

FROM:  U.S. STATE DEPARTMENT 
Remarks to the Business Council for International Understanding
Remarks
Daniel R. Russel
Assistant Secretary, Bureau of East Asian and Pacific Affairs
New York City
January 13, 2015

As prepared for delivery

Thank, Richard, you for the introduction. It’s great to be here at the Business Council for International Understanding. Your organization is a great supporter of shared prosperity – helping to promote wise policies that create jobs and opportunities both here at home, and for America’s partners and friends around the world. And the individual companies you represent are leaders in fields from health care, to food, to banking and more.

Prosperity and security are inseparable

My portfolio covers the full range of American interests in the Asia-Pacific – namely implementing President Obama’s “rebalance” policy of increased engagement and attention to the region. So while I don’t focus exclusively on economics, as Secretary Kerry says, every Foreign Service Officer is an economics officer.

You understand the importance of America’s commercial relations with the East Asia-Pacific region, which has over half a billion middle class consumers and accounts for $1.4 trillion in trade with the U.S.

You’re here because you understand that America’s prosperity and Asia’s prosperity are inseparable.

You also understand that our shared prosperity and shared security are just as tightly linked. And that’s why I’m here.

The most important thing we can do for U.S.-Asia relations this year, for both prosperity and security, is completing the Trans-Pacific Partnership agreement. And I’m here to ask for your help. But first, a little background.

Diplomacy and prosperity have enabled each other throughout the Obama administration. Just a few examples:

The global financial crisis of 2008 was the worst global downturn since the Great Depression. Perhaps the decisive difference between the 1930s and this time was that international cooperation in the last six years helped to avoid worst effects. Coordinated action through the G-20 was essential. We’ve also acted to enhance prosperity through our leadership in APEC, the Asia-Pacific Economic Cooperation forum. And we’ve supported ASEAN, the Association of Southeast Asian Nations, which is driving economic integration at the sub-regional level.

America’s alliances and partnerships guarantee security within the region, as they have for seven decades. And they have supported growing economic relationships with many countries – trade nearly doubling in the last decade under our FTA with Australia, implementation of the U.S.-Korea Free Trade Agreement, our Open Skies agreement to liberalize air travel with Japan, and more.

Our work with Asia also supports security and prosperity beyond the region, as we jointly tackle global issues such as climate change, violent extremism now including ISIL, and infectious disease now including Ebola. The economic consequences of all these threats have been clear for many years: the increased costs of natural disasters; the Bali bombings and their devastating effect on tourism; the disruptions to business and travel from SARS. East Asia learned from all these past incidents, and the region’s smart contributions to address today’s global crises helps us reduce the impact of bad disruptions to the regional and global economies.

These are all areas of government-to-government cooperation, but there’s also a huge role for the private sector to play. Businesses like yours are essential to building resilient global supply chains that serve consumers, and also help provide relief in emergencies and support long-term recovery.

Now, let me focus for a bit on what we’ve done recently to support business with one particular country that I know you’re interested in: China. Our diplomacy with China has allowed us to expand the areas where we work together, while managing our clear differences. And that diplomacy over many years, including bringing China into the WTO, has supported China’s economic rise, enabling trade and increased exports to China. In 2014 alone, we made important progress in at least five specific ways:

Let’s start with the Joint Commission on Commerce and Trade meetings in Chicago. There, Commerce Secretary Penny Pritzker and U.S. Trade Representative Mike Froman made great progress in getting China to open to imports of U.S. biotech corn and soy; medical devices and pharmaceuticals; and fair treatment of U.S. businesses facing the competition regulators.

Second, at the Strategic and Economic Dialogue, our biggest bilateral annual gathering held over the summer in Beijing, we intensified negotiations on a Bilateral Investment Treaty. The “negative” list is next, and we’re insisting that it be very high quality – narrowly tailored and widely open to foreign investment, especially since our openness to Foreign Direct Investment (FDI) has allowed new Chinese FDI into the U.S. to surpass our FDI in China.

Third, during President Obama’s trip to Beijing, we reached a key agreement to expand visa validity for business visitors to ten years, a boon for our tourism industry and a win for our companies with interests in China. We also achieved an important bilateral understanding to help the WTO’s International Technology Agreement move forward. We subsequently suffered a setback and there’s still a lot of work to do, but we remain hopeful.

Fourth, our landmark climate progress, also during the trip, is important for long-term public health, and economic health, and it supports the green economy.

That’s 2014. So what’s next, not just with China, but with the entire region? The United States will continue to, one, underwrite regional security; and two, advocate for American business.

We are watching general security and economic conditions that could affect U.S.-Asia-Pacific commercial relations in 2015.

There’s the continuing risk of tensions in the South China Sea. Diplomacy in this area is “a work in progress.” It’s calm on the surface, but militarization and reclamation of disputed outposts and other drivers of tension remain. ASEAN, the Association of Southeast Asian Nations, has floated ideas to manage the tensions and we’ll remain strongly supportive of these diplomatic efforts, such as establishing a binding Code of Conduct sooner rather than later. We raise concerns over tensions on these issues at the highest levels, including with Chinese leaders.

In a welcome development, China and Japan have said they’ll implement crisis management mechanisms and restore relations. Substantive follow-through to these diplomatic steps will be essential for the region to reap the fruits of rapprochement between these two economic powerhouses.

We’ll continue to push for respect for universal rights and freedoms, which are essential for prosperity in places like Burma, Cambodia, and of course, China. They are essential everywhere.

And we will continue our vigilant and active diplomacy with our five-party partners on North Korea. We had a big 2014 in terms of spotlighting the North’s human rights abuses. We continue to make clear that North Korea will not achieve the security and prosperity it claims to want while it pursues banned nuclear weapons and missile programs. And we’re increasingly vigilant against the North’s offensive cyber programs.

We are working actively to ensure that a stable security environment underwrites economic growth for the Asia-Pacific, instead of instability threatening progress. No country can provide the public good of regional security in the way the United States can.

Now, to business. At the top of our business agenda for 2015 is the Trans-Pacific Partnership. In this uncertain political environment, and with growth flat in the EU and slowing in China, the importance of the TPP could not be clearer – it is central to the rebalance.

It will strengthen America’s role as one of the most competitive, most innovative economies in the world, as well as one of the biggest trading partners, and source and destination of foreign investment in the region. TPP will be a big boost to the U.S. economy, advancing President Obama’s top priority of creating good jobs in America. Exports already account for over 11 million jobs, and have contributed nearly a third of U.S. growth in recent years. By expanding access to some of the largest and most dynamic economies in the world, TPP will make those numbers even stronger, including for New York.

Some 977,000 New York jobs are supported by trade with the TPP region. Those workers – many of them at your companies – are exporting nearly $15 billion in services and nearly $18 billion in goods.

Just as important, a high-quality TPP will strengthen our partner economies – other regional economies that share the priority we place on labor, environmental, and intellectual property standards, and on fair competition. Every decade or two, our economic model is challenged, and we must renew it and advocate for it. History didn’t end 25 years ago.

In short: We need TPP to strengthen growth and create jobs and to advance our values and show that our ongoing commitment to the region extends beyond security. This is important to long-time allies like Australia, with whom we’ve had an FTA for a decade now. It’s important to Japan as PM Abe works on structural reforms, the “third arrow” of his domestic economic recovery program. And it’s important to newer partners like Vietnam; 2015 marks 20 years of normalized relations, and TPP will take us to the next level, driving labor reforms and reducing its economic dependence on China.

And as a regional platform, TPP is also important to those regional economies that are not yet part of it, because the promise of open markets and high standards can propel reforms that will enhance the competitiveness of future TPP candidates in the entire Asia-Pacific economy, as well as in the supply and value chains that operate throughout the region.

Our negotiators have made a lot of progress on the talks in recent months, and we believe the end of the negotiations is coming into focus. And when it’s time to go to Congress, we’ll need a broad range of support to help get TPP, and the supporting tool of Trade Promotion Authority, passed.

As we pursue TPP, we’re also working with the countries outside that group, including the world’s second largest economy: China. We’re working on the BIT, as I mentioned, and pushing for fair application of their competition laws and trade enforcement.

That’s a lot of business-related diplomacy, and we haven’t even gotten to the rest of the region, which includes partners like Taiwan and Indonesia. Taiwan is our 10th largest trading partner, and a great example of an economy that has flourished with our security support.

Indonesia is a country with enormous potential. U.S. companies have invested $65 billion there in the last eight years, and the new President, Jokowi, has a business background and is off to a quick start. His interest in improving infrastructure and education should provide substantial opportunities for foreign investment in Southeast Asia’s largest economy.

In Indonesia, and across the region, there’s a lot of interest in business and investment. And the quality of the investments matters. You are among the best advocates for American values. As we work for you, we appreciate the way you practice the ideals that support sustained success – investing in the workforce through training, and in communities and infrastructure; planning for long term sustainability and environmental protection; avoiding corrupt practices. These are some of the reasons American businesses are often the preferred partner for countries and local businesses across the region.

Take Burma. Our rapprochement has resulted in remarkably rapid market opening since 2012. GE, a storied New York company, is helping modernize Burma’s national airline fleet and power grid, and investing $3 million in public health. Pepsi is working on vocational training and exploring agriculture investments.

Coca-Cola has invested $200 million and is working to economically empower Burmese women. Coke also won the State Department’s Award for Corporate Excellence last year for providing disaster relief to the Philippines after Typhoon Haiyan. And there are many more examples of companies ploughing a portion of their profits back into corporate social responsibility activities across the region. This year, we intend to explore how APEC might help expand the practice of CSR to promote more inclusive economic growth in the region.

I believe the United States and the Asia-Pacific region will continue to grow and prosper together, but it depends on wise leadership – in both our political and commercial capitals here and in the region. And it depends on you, the business community, continuing to make and strengthen your connections with businesses and people across the Pacific. Thank you.

Saturday, January 17, 2015

NASA SATELLITE IMAGE OF TROPICAL STORM MEKKHALA

FROM:  NASA 

Right:  On Jan. 16 at 04:55 UTC NASA's Aqua satellite captured this picture of Tropical Storm Mekkhala approaching the Philippines.  Image Credit: NASA Goddard MODIS Rapid Response Team

The Global Precipitation Measurement or GPM core satellite analyzed Tropical Storm Mekkhala and identified areas of heavy rainfall as the storm drew closer to the Philippines.

The GPM (core satellite) had an excellent view of Tropical Storm Mekkhala on January 14, 2015 at 2211 UTC (5:11 p.m. EST) as it flew almost directly above the center of the tropical cyclone. The GPM satellite is managed by both NASA and the Japan Aerospace Exploration Agency known as JAXA.

GPM's Microwave Imager (GMI) instrument found that the heaviest precipitation was then occurring on the western side of the circulation center. Powerful convective thunderstorms in that area were dropping rain at a rate of over 71.3 mm (2.8 inches) per hour. This rainfall analysis also revealed that this area was the most continuous area of rainfall while most of the remainder of the storm containing only scattered bands of precipitation.

GPM's Radar (Ku Band) data were used to make a 3-D view of the storm that showed thunderstorm cloud-top heights in that area were reaching heights above 13 km (8 miles).

On January 16 at 1500 UTC (10 a.m. EST), Mekkhala's maximum sustained winds were near 50 knots (57.4 mph/92.6 kph). The center of the storm was located near 11.3 north latitude and 128.7 east longitude, about 470 nautical miles (540.9 miles/8970.4 kph) east-southeast of Manila, Philippines. Mekkhala was moving to the west at 14 knots (16.1 mph/25.9 kph).

Public Storm Warning Signals have been raised in the Luzon and Visayas regions. In Luzon, the warning is in effect for Camarines Sur, Catanduanes, Albay, Burias Island ,Sorsogon and Masbate including Ticao Island. In the Mindanao region, warnings are in effect for Northern Samar, Eastern Samar, Samar, Biliran and Leyte.

U.S. FOLLOWING LEGAL PROCEEDINGS REGARDING FREEDOM OF ASSEMBLY, ASSOCIATION IN MAURITANIA

FROM:  U.S. STATE DEPARTMENT 
Convictions in Mauritania of Biram Ould Dah Ould Abeid, Brahim Bilal Ramdhane and Djiby Sow
Press Statement
Jeff Rathke
Director, Bureau of Public Affairs, Office of Press Relations
Washington, DC
January 16, 2015

The United States is closely following the legal proceedings against Biram Ould Dah Ould Abeid, President of the Initiative for the Resurgence of the Abolitionist Movement (IRA), IRA Vice President Brahim Bilal Ramdhane, and Djiby Sow, President of Kawal e Yelitaare. We are deeply concerned by the January 15 court decision to convict and sentence them to two years’ imprisonment, and the impact this ruling will have on freedom of association and assembly in Mauritania. We urge the appellate court to review both the convictions and the sentencing without delay, and to handle these important cases in a fair, impartial, and transparent manner. We are committed to continuing our support of efforts by the Mauritanian government and civil society to eliminate slavery in Mauritania, which must be a sustained and collective effort by government, religious, law enforcement, judicial, tribal, and civil society leaders together with all Mauritanians.

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