JUSTICE SETTLES LAWSUIT WITH DENTAL SCHOOL OVER EXCLUSION OF HEPATITIS B INFECTED APPLICANTS

FROM: U.S. JUSTICE DEPARTMENT

Tuesday, March 5, 2013
Justice Department Settles with the University of Medicine and Dentistry of New Jersey Over Discrimination Against People with Hepatitis B

The Justice Department announced today that it has reached a settlement with the University of Medicine and Dentistry of New Jersey School (UMDNJ) under the Americans with Disabilities Act (ADA). The settlement resolves complaints that the UMDNJ School of Medicine and the UMDNJ School of Osteopathic Medicine unlawfully excluded applicants because they have hepatitis B. This is the first ADA settlement ever reached by the Justice Department on behalf of people with hepatitis B.

In 2011, the two applicants in this matter applied and were accepted to the UMDNJ School of Osteopathic Medicine, and one of them was also accepted to the UMDNJ School of Medicine. The schools later revoked the acceptances when the schools learned that the applicants have hepatitis B. The Justice Department determined that the schools had no lawful basis for excluding the applicants, especially because students at the schools are not even required to perform invasive surgical procedures, and that the exclusion of the applicants contradicts the Centers for Disease Control and Prevention’s (CDC) updated guidance on this issue.

According to the CDC’s July 2012 "Updated Recommendations for Preventing Transmission and Medical Management of Hepatitis B Virus (HBV) – Infected Health Care Workers and Students," no transmission of Hepatitis B has been reported in the United States from primary care providers, clinicians, medical or dental students, residents, nurses, or other health care providers to patients since 1991.

"Excluding people with disabilities from higher education based on unfounded fears or incorrect scientific information is unacceptable," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We applaud the UMDNJ for working cooperatively with the Justice Department to resolve these matters in a fair manner."

"It is especially important that a public institution of higher learning – especially one with a mission to prepare future generations of medical professionals – strictly follow the laws Congress has enacted to protect from discrimination those people who have health issues," said U.S. Attorney for the District of New Jersey Paul Fishman. "The remedies to which the school has agreed should ensure this does not happen again."

Under the settlement agreement, the UMDNJ must adopt a disability rights policy that is based on the CDC’s Hepatitis B recommendations, permit the applicants to enroll in the schools, provide ADA training to their employees and provide the applicants a total of $75,000 in compensation and tuition credits.

Both of the applicants in this matter come from the Asian American Pacific Islander community. The CDC reports that Asian American Pacific Islanders (AAPIs) make up less than 5 percent of the total population in the United States, but account for more than 50 percent of Americans living with chronic Hepatitis B. Nearly 70 percent of AAPIs living in the United States were born, or have parents who were born, in countries where hepatitis B is common. Most AAPIs with Hepatitis B contracted Hepatitis B during childbirth . The Civil Rights Division is committed to ensuring that this community is not subjected to discrimination because of disability.

Title II of the ADA prohibits state and local government entities, like the UMDNJ, from discriminating against individuals with disabilities in programs, services, and activities. State and local governments must also make reasonable modifications in policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless those modifications would result in a fundamental alteration.

LABELING MEDICAL PRODUCTS NOT MADE WITH RUBBER LATEX

Credit:  U.S. Army.

FROM: U.S. FOOD AND DRUG ADMINISTRATION
FDA issues draft guidance for manufacturers to accurately label medical products that are not made with natural rubber latex


The U.S. Food and Drug Administration today issued draft recommendations to medical product manufacturers for providing consumers with accurate information about products that are not made with natural rubber latex (NRL).

NRL is a milky fluid found in rubber trees and other plant sources. Prolonged or repeated exposure to NRL can result in sensitivity or allergy. Mild reactions may include skin redness, rash, hives, or itching. More severe reactions may include respiratory symptoms such as difficulty breathing, coughing spells and wheezing. Rarely, anaphylactic shock may occur.

The FDA is encouraging manufacturers of FDA-regulated medical products to stop using statements on labels such as "latex free" or "does not contain natural rubber latex" because these statements are not scientifically accurate. Instead, the FDA recommends manufacturers use the labeling statement – "not made with natural rubber latex" – to indicate when NRL was not used as a material in the medical product or product container.

"Consumers rely on and expect accurate labeling and product information, especially when they are concerned about allergic reactions," said William Maisel, M.D., M.P.H., deputy director for science in the FDA’s Center for Devices and Radiological Health. "Our recommendations regarding natural rubber latex provide consistent, scientifically accurate language for health care providers, patients and consumers who want to avoid this material due to possible sensitivity or allergy."

The terms "latex free" and "does not contain natural rubber latex" suggest that the medical product is completely without NRL. However, even when medical products are not made with NRL, there is a chance that products can become contaminated with NRL allergens during manufacturing or packaging processes. There is no test to show that a medical product is completely free of NRL allergens. Additionally, it is not necessary for a medical product to be completely without NRL allergen proteins to be considered safe for use by some individuals with NRL allergies.

Also, phrases such as "latex free" that are not specific about the kind of latex being referred to can cause confusion. Latexes may be natural or synthetic. Synthetic latex, such as nitrile and polyvinyl chloride, does not contain the proteins responsible for NRL allergy.

People most at risk for NRL sensitization include those who frequently use NRL gloves such as physicians, nurses, dentists, medical technicians, hairdressers, housekeepers, and food service workers. Employees in facilities that manufacture products containing NRL are also at risk.

Consumers concerned about NRL allergies should check the medical product label, if readily available, or ask their health care provider if the product of interest contains NRL.

Today’s draft recommendations would apply only to FDA-regulated medical products, such as drugs, medical devices, biologics and veterinary products. The law does not require medical product manufacturers to state on the product labeling when NRL has not been used in the manufacture of the product or product packaging. However, medical device manufacturers are required to include a caution statement on the labeling of devices that are made with NRL.

MARINE BIOLOGIST MANAGES CIVIL WORKS PROJECTS



Army Corps of Engineers project manager Sharon Tirpak manages federally-funded civil works projects for the Galveston District in Texas through feasibility studies and construction. Tirpak employs her leadership skills as she guides multidisciplinary teams through complex projects that energize the economy and reduce risks from disasters. U.S. Army Corps of Engineers photo

FROM: U.S. DEPARTMENT OF DEFENSE
Face of Defense: Marine Biologist Oversees Civil Works Projects
By Isodro Reyna
U.S. Army Corps of Engineers, Galveston District

WASHINGTON, March 1, 2013 - Managing federally funded civil works projects through feasibility studies and construction requires leadership -- a skill U.S. Army Corps of Engineers Galveston District project manager Sharon Tirpak hones while guiding multidisciplinary teams through complex projects that energize the economy and reduce risks from disasters.

A marine biologist by trade, Tirpak left the world of research to put her people and leaderships skills to use directing Corps projects such as the Freeport Harbor and Texas City Channel deep-draft navigation projects, Sabine Pass to Galveston Bay Storm Damage Reduction Study, and Clear Creek Flood Risk Management Project.

"I lead teams of engineers, biologists, economists and project sponsors through civil works projects that contribute to the economic well-being of the nation," Tirpak said. "It is a leadership role with many responsibilities and challenges and requires knowledge of Corps processes, with the biggest challenge keeping the projects on schedule and within budget."

A 19-year veteran of the Corps, Tirpak has served in a variety of roles within the district including lead planner and regulatory project manager.

"I actually chose marine biology as my field of study while in college and worked as a fishery biologist with the National Marine Fisheries Service for 14 years," she said. "However, arriving at the Corps, I realized this was one of the best professional moves I could have made. I am much better at working and interacting with people than I was doing research, and I'm thankful to my fellow co-workers who taught me all about dredging and engineering."

According to Tirpak, being a project manager is never dull because there is always something that has to be taken care of.

"I like 'putting out the fires,' as it makes each day go by fast," Tirpak said. "I also like the interaction with the project delivery teams and sponsors and the learning aspect.

"Working on my projects always affords me the opportunity to learn something new," she added.

One of Tirpak's most fascinating projects to date was the deepening of the Texas City Channel, which included the removal of Civil War-era artifacts from the busy waterway.

"Working with the archeologists that helped bring up the remains of the USS Westfield from the Texas City Ship Channel is probably the most interesting assignment I've worked on," she said. "The Galveston District orchestrated an archaeological recovery of artifacts from the Civil War-era shipwreck, which included the removal of 10,000-pound Dahlgren cannon in 2009."

The recovery was part of a larger $71 million project completed in 2011 to deepen the Texas City Ship Channel from 40 feet to 45 feet to allow larger vessels to navigate the channel to transport commodities to various industries.

"By completing some of the long-term studies and positioning those projects for potential authorization and funding, or by completing a construction project such as the Texas City Channel Project, I believe my work with the Galveston District is leaving a lasting impact on the nation," Tirpak said. "I'm proud to say I helped make that happen."

Tirpak received numerous awards, including the Department of Commerce Bronze Medal Award for Superior Federal Service, the USACE Galveston Regulatory Customer Service Award, Regulator of the Year, several Department of the Army Achievement Medals and Commander's Awards for Civilian Service for her work on various projects.

A 1980 graduate of the University of New England and a 2005 graduate of the Army Management Staff College, Tirpak also is a certified scuba diver who enjoys seeing the Pittsburgh Steelers win. She also helps with her son's scouting and band activities and is involved in her local community.

RESEARCH SHOWS EARTH WARMER NOW THAN IN MOST OF LAST 11,000 YEARS

Along Greenland's western coast, a small field of glaciers empties into Baffin Bay, 80% of which is covered by ice in winter. Calving icebergs may be seen in the lower right of this high-resolution satellite photo. Baffin Bay is only 1,000 m (3,300 ft) deep along the coast. Between May and July a polynya, an area of navigable open water surrounded by sea ice, forms at the northern part of the bay. This polynya, the largest in the Canadian Arctic, is stable in location and has existed for nearly 9,000 years. Image courtesy of USGS.

 
FROM: NATIONAL SCIENCE FOUNDATION
Earth Is Warmer Today Than During 70 to 80 Percent of the Past 11,300 Years

With data from 73 ice and sediment core monitoring sites around the world, scientists have reconstructed Earth's temperature history back to the end of the last Ice Age.

The analysis reveals that the planet today is warmer than it's been during 70 to 80 percent of the last 11,300 years.

Results of the study, by researchers at Oregon State University (OSU) and Harvard University, are published this week in a paper in the journal Science.

Lead paper author Shaun Marcott of OSU says that previous research on past global temperature change has largely focused on the last 2,000 years.

Extending the reconstruction of global temperatures back to the end of the last Ice Age puts today's climate into a larger context.

"We already knew that on a global scale, Earth is warmer today than it was over much of the past 2,000 years," Marcott says. "Now we know that it is warmer than most of the past 11,300 years."

"The last century stands out as the anomaly in this record of global temperature since the end of the last ice age," says Candace Major, program director in the National Science Foundation's (NSF) Division of Ocean Sciences. The research was funded by the Paleoclimate Program in NSF’s Division of Atmospheric and Geospace Sciences.

"This research shows that we've experienced almost the same range of temperature change since the beginning of the industrial revolution," says Major, "as over the previous 11,000 years of Earth history--but this change happened a lot more quickly."

Of concern are projections of global temperature for the year 2100, when climate models evaluated by the Intergovernmental Panel on Climate Change show that temperatures will exceed the warmest temperatures during the 11,300-year period known as the Holocene under all plausible greenhouse gas emission scenarios.

Peter Clark, an OSU paleoclimatologist and co-author of the Science paper, says that many previous temperature reconstructions were regional and not placed in a global context.

"When you just look at one part of the world, temperature history can be affected by regional climate processes like El Niño or monsoon variations," says Clark.

"But when you combine data from sites around the world, you can average out those regional anomalies and get a clear sense of the Earth's global temperature history."

What that history shows, the researchers say, is that during the last 5,000 years, the Earth on average cooled about 1.3 degrees Fahrenheit--until the last 100 years, when it warmed about 1.3 degrees F.

The largest changes were in the Northern Hemisphere, where there are more land masses and larger human populations than in the Southern Hemisphere.

Climate models project that global temperature will rise another 2.0 to 11.5 degrees F by the end of this century, largely dependent on the magnitude of carbon emissions.

"What is most troubling," Clark says, "is that this warming will be significantly greater than at any time during the past 11,300 years."

Marcott says that one of the natural factors affecting global temperatures during the last 11,300 years is a gradual change in the distribution of solar insolation linked with Earth's position relative to the sun.

"During the warmest period of the Holocene, the Earth was positioned such that Northern Hemisphere summers warmed more," Marcott says.

"As the Earth's orientation changed, Northern Hemisphere summers became cooler, and we should now be near the bottom of this long-term cooling trend--but obviously, we're not."

The research team, which included Jeremy Shakun of Harvard and Alan Mix of OSU, primarily used fossils from ocean sediment cores and terrestrial archives to reconstruct the temperature history.

The chemical and physical characteristics of the fossils--including the species as well as their chemical composition and isotopic ratios--provide reliable proxy records for past temperatures by calibrating them to modern temperature records.

Analyses of data from the 73 sites allow a global picture of the Earth's history and provide a new context for climate change analysis.

"The Earth's climate is complex and responds to multiple forcings, including carbon dioxide and solar insolation," Marcott says.

"Both changed very slowly over the past 11,000 years. But in the last 100 years, the increase in carbon dioxide through increased emissions from human activities has been significant.

"It's the only variable that can best explain the rapid increase in global temperatures."

-NSF-

AIR FORCE AIRMAN AIDS CIVILIANS IN TRAFFIC ACCIDENT

FROM: U.S. AIR FORCE
Airman saves life, earns city's recognition
by Eric M. White
910th Airlift Wing Public Affairs

3/8/2013 - YOUNGSTOWN, Ohio (AFNS) -- In the early morning, you're driving through the city when you see two men pushing a stalled vehicle. You stop to see if they need help, and another vehicle strikes the two men against their car, fracturing one man's leg and severing the other's below the knee. The victim with the severed leg is bleeding profusely and showing signs of shock. What do you do?

The morning of Feb. 5, 2013, Senior Airman Steve Cresanto, an air transportation journeyman with Youngstown Air Reserve Station's 76th Aerial Port Squadron, was driving through the city when this scenario became reality, forcing him to make quick decisions.

Jawkwan Rudolph, one of the victims, had the most serious injuries.

"His leg was amputated," Cresanto said. "You want to stop the hemorrhaging, so I applied a tourniquet."

"I didn't have a tourniquet there, so I made one. I made the tourniquet out of the individual's belt and a windshield wiper from the car that struck them," Cresanto said.

Cresanto then fashioned a splint for the second victim's fractured leg using an ice scraper and another belt.

When first responders arrived at the scene of the accident, they asked Cresanto where he learned to do what he did, stating that his actions likely saved Rudolph's life. Cresanto credited the self-aid and buddy care training he receives annually as an Air Force reservist.

"We do it every single year, do the training, and I never thought I would actually use it in the field. It turns out I did, and I am glad I had the training," Cresanto said.

SABC training includes basic life support and limb-saving techniques to help injured persons survive until medical help arrives.

Charles Sammarone, the Youngstown city mayor, presented Cresanto with an award on behalf of the city at a city council meeting March 6.

Detective/Sergeant Patricia Garcar, one of the first responders to the accident, recommended Cresanto for the award and presented at the council meeting her account of what unfolded the morning of the accident.

"I was just so impressed with what he did," Garcar said. "He did not have to stop and didn't have to offer the assistance that he did, and it just amazed me."

Cresanto is one of more than 1,600 Citizen Airmen stationed at Youngstown ARS.

"This is just another amazing example of the Airmen that we have here and the tie that we have to the community," said Col. James D. Dignan, the 910th Airlift Wing commander. "There's a sense of family here at the 910th Airlift Wing."

　

SAGE III AND THE MEASUREMENT OF EARTH'S AEROSOLS

FROM: NASA
Staring at the Sun with SAGE III
ASA engineer Chip Holloway waits for the sun to align with the Stratospheric Aerosol and Gas Experiment (SAGE III) during a clean room "sun-look" test on March 4, 2013, at NASA's Langley Research Center in Hampton, Va. SAGE III passed this test, successfully locking onto the sun and completing a series of measurements.

Scientists are checking SAGE III in preparation for its trip to the International Space Station, set for late 2014 or early 2015. Like its predecessors SAGE I and II, which collected aerosol data from 1979 to 2005, SAGE III will measure aerosols, ozone, water vapor and other gases to help scientists better understand Earth's atmosphere. Photo Credit: NASA Langley/Sean Smith

U.S. LABOR DEPARTMENT STRENGTHENS ABILITY TO INVESTIGATE PAY DISCRIMINATION

U.S. DEPARTMENT OF LABOR DEPARTMENT

US Labor Department rescinds restrictions on investigating pay discrimination
WASHINGTON — The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.

"A strong American middle class hinges on ensuring equal pay," said acting Secretary of Labor Seth D. Harris. "As President Obama has made clear, everyone – including the wives, mothers, sisters and daughters among us – must be paid fairly and without discrimination. These new standards will strengthen our ability to ensure that women and men are fully protected under our nation's laws."

The notice of final rescission withdrawing these two documents also includes new guidance for employers and other interested stakeholders setting forth the procedures, analysis and protocols OFCCP will utilize going forward when conducting compensation discrimination investigations. OFCCP will supplement the guidance with frequently asked questions, technical assistance, webinars, and other resources and materials to ensure that contractors have ample information about how to comply with the law.

"Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination," said OFCCP Director Patricia A. Shiu, a member of the President's National Equal Pay Task Force. "At the same time, we are providing clear guidance for contractors to facilitate their success when it comes to providing equal opportunity to all of their workers."

The new approach described in the notice will enable OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246. That longstanding executive order requires federal contractors to comply with antidiscrimination obligations, including prohibitions against pay discrimination. Prior to this action, OFCCP was constrained by a methodology adopted in 2006 that made it harder for the agency to exercise its full legal authority because it required use of the same narrow formula to review all contractor pay practices, regardless of the industry, types of jobs, issues presented or available data. Now, OFCCP will be using its legal authority to hold contractors to the same legal standards – enshrined in Title VII, the landmark civil rights law – that courts and other federal agencies already apply to these businesses to prohibit job discrimination.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.

SUICIDE BOMBER ATTACK NEAR HAGEL, ISAF MEETING

FROM: U.S. DEPARTMENT OF DEFENSE
Suicide Bomber Attacks Nearby During Hagel ISAF Meeting
By Karen Parrish
American Forces Press Service

WASHINGTON, March 9, 2013 - Defense Secretary Chuck Hagel was in a briefing at a NATO International Security Assistance Force facility here today when a suicide bomber detonated a car bomb outside the Afghan Defense Ministry just before 9 a.m. local time.

The attack killed nine and injured 14, according to first reports from Afghan officials. The initial blast was followed by small-arms fire. ISAF officials said no coalition troops were directly involved.

Later in the day during a visit to Jalalabad in eastern Afghanistan, Hagel told reporters traveling with him that he wasn't sure what the blast was when he first heard it.

"I was in a briefing – but we're in a war zone," the secretary said. "I've been in a war. So you shouldn't be surprised when a bomb goes off."

Hagel, a Vietnam War veteran who earned two Purple Hearts in combat during that conflict, said such "spectacular" attacks make no difference to U.S. or ISAF strategy in Afghanistan.

"We're going to continue to work with the Afghans and coalition partners to fight that war, and to assure that the Afghan people have every ability and right to develop their own country in their own way, in a democracy," he said.

The secretary today also visited U.S. conventional and special operations forces leaders and spoke to U.S. troops.

U.S. ROLE IN SOUTH KOREA REAFFIRMED

FROM: U.S. DEPARTMENT OF DEFENSE
U.S. Commander Reaffirms U.S. Commitment to South Korea
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, March 7, 2013 - The top U.S. and United Nations commander in Korea today reaffirmed the U.S. commitment to South Korea's defense and urged North Korea to cease provocative actions.

Army Gen. James D. Thurman, commander of U.S. Forces Korea, United Nations Command and Combined Forces Command, addressed a recent North Korean threat to nullify the 1953 armistice that ended open warfare on the Korean Peninsula.

"For 60 years, the armistice agreement has ensured peace and stability on the Korean Peninsula," he said. "It concerns me when any signatory to a mutual agreement makes a public statement contrary to that agreement.

"As the UNC commander, I am charged to fully enforce the conditions of the armistice," Thurman continued. "The success of the armistice has enabled the Republic of Korea to become a vibrant democracy, and we remain ready to defend the Republic of Korea."

The United States calls on North Korea to refrain from additional provocative actions that would violate its international obligations and run counter to its commitments, the general added.

The latest provocations come on the heels of the U.N. Security Council agreeing to new sanctions after a third North Korean nuclear test last month.

Threats of provocations will only further isolate North Korea and undermine international efforts to ensure peace and stability in Northeast Asia, said Army Lt. Col. Cathy Wilkinson, a Pentagon spokeswoman. "The United States is firmly committed to the defense of the Republic of Korea and to the maintenance of regional peace and stability," she added.

Wilkinson also noted that annual defense-oriented training exercises such as "Key Resolve" and "Foal Eagle" are designed to increase alliance readiness to defend South Korea, protect the region and maintain stability on the Korean Peninsula.

U.S. JUSTICE DEPARTMENT GENERATED ALMOST $2 BILLION FROM CONSUMER FRAUD CASES

FROM: U.S. DEPARTMENT OF JUSTICE
Friday, March 8, 2013
Justice Department Secures Nearly $2 Billion in Consumer Protection Cases in 2012
Through Consumer Protection Branch, Civil Division Successfully Combatted Consumer Fraud Schemes

The Justice Department’s Consumer Protection Branch secured nearly $2 billion in criminal fines, forfeiture, restitution, and civil disgorgement in 2012, Stuart F. Delery, Principal Deputy Assistant Attorney General for the Civil Division, announced today at the Consumer Protection Working Group’s Second Annual Consumer Protection Summit. Since 2009, the consumer protection efforts of the Civil Division, working with U.S. Attorneys’ Offices around the country, have led to recoveries of more than $5.89 billion, over 140 criminal convictions, and total prison sentences exceeding 327 years.

"This summit and our other outreach efforts are essential to the fight against consumer fraud. But our real strength lies in the cases brought by the attorneys in the Consumer Protection Branch every day. The results the branch achieved in 2012 are outstanding, and reflect the determination of this Department of Justice to combatting consumer fraud," said Principal Deputy Assistant Attorney General Delery, who serves as a co-chair of the Consumer Protection Working Group of the President’s Financial Fraud Enforcement Task Force. "The Consumer Protection Branch’s extraordinary work enforcing federal consumer protection laws has reached new levels, and is evidence that the department has made protecting consumers a top priority."

The summit brings together over two dozen state and federal agencies to highlight some of the most significant issues facing consumers today: consumer debt, nutritional supplements, money and imposter scams and tax-related fraud. The summit exposes some of the most egregious fraud schemes, provides information on how consumers can protect themselves, and shares what the Consumer Protection Working Group is doing to combat fraud in these areas.

Recently reorganized, the Consumer Protection Branch deploys powerful enforcement tools in creative ways to protect the most vulnerable consumers from myriad forms of fraud and abuse, including financial fraud, new forms of telemarketing fraud, and immigration services fraud.

In 2012, for example, the branch prosecuted three Missouri individuals for their roles in a scheme to defraud consumers seeking immigration-related services. These individuals worked for a company that defrauded legal immigrants who were trying to abide by the rules. The firm falsely told consumers that it employed paralegals who would help customers correctly fill out immigration forms, that it handled excess call volume for U.S. Citizenship and Immigration Services (USCIS), and that fees paid to the firm included government processing fees. All three defendants in the case pled guilty to conspiring to defraud consumers.

Collaborating closely with state Attorneys General and other federal agencies, t he Consumer Protection Branch has been instrumental in the department’s effort to hold accountable those who, in violating the law, contributed toward the 2008 financial crisis. Earlier this year, the department filed a civil lawsuit against the credit rating agency Standard & Poor’s alleging that S&P engaged in a scheme to defraud investors in structured financial products known as Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDOs). The lawsuit, brought under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), alleges that investors, many of them federally insured financial institutions, lost billions of dollars on CDOs for which S&P issued inflated ratings that misrepresented the securities’ true credit risks. The complaint also alleges that S&P falsely represented that its ratings were objective, independent, and uninfluenced by S&P’s relationships with investment banks when, in reality, S&P’s desire for increased revenue and market share led it to favor the interests of these banks over investors. The Consumer Protection Branch played a key role in investigating and bringing the case, along with the Federal Programs Branch of the Civil Division and the U.S. Attorney’s Office for the Central District of California.

The Consumer Protection Branch has also responded to the financial crisis by aggressively pursuing various forms of financial fraud, including foreclosure rescue schemes targeting distressed homeowners. For instance, in 2012, the branch successfully prosecuted four individuals in connection with a firm that claimed to assist homeowners at risk of foreclosure. The defendants represented that homeowners’ properties would be sold to investors, but that the present homeowners could stay in their homes. The defendants designed sham sales to straw purchasers, created false loan applications and documents, pocketed the equity drawn out of the sham sales, and then allowed the loans to go into foreclosure. Victims lost their equity, and most were forced to move out of their homes. The defendants were sentenced to prison for terms of up to five and a half years.

In addition to playing a prominent role in the Consumer Protection Working Group, and organizing the annual Consumer Protection Summit the Consumer Protection Branch has employed new techniques to enhance its outreach and prevention efforts. For instance, the Branch has conducted webinars to educate financial institutions on the dangers of working with payment processors who may facilitate fraudulent schemes. It has also engaged consumer advocacy groups in new ways, and sought to create new partnerships with state attorneys general and military legal assistance providers.

While continuing to innovate, the branch has also sharpened its focus in traditional areas of enforcement, such as ensuring the safety of pharmaceutical products, medical devices, food, and dietary supplements. Health care fraud cases were the sources of the Consumer Protection Branch’s largest recoveries in 2012. The branch brought enforcement actions and criminal prosecutions in response to a number of violations, including the misbranding of pharmaceuticals, deficient manufacturing processes, the sale of adulterated and unsafe products, and the resale of prescription drugs that had been diverted from lawful channels of distribution. The branch recovered more than $1.9 billion in criminal fines and forfeiture and secured 16 criminal convictions in connection with these cases.

"Whether consumers are targeted by scammers looking to cheat them or manufacturers of food or pharmaceuticals that put profit ahead of consumer safety, the department will bring to bear its expertise and all available tools to root out conduct that harms consumers," said Principal Deputy Assistant Attorney General Delery. "The success of the Consumer Protection Branch demonstrates our unwavering commitment to the protecting the health and safety of Americans."

Another key component of the Consumer Protection Branch’s work is defense of the decisions of government agencies charged with protecting consumers. In 2012, the branch successfully defended cases involving, for example, the Food and Drug Administration’s (FDA) approval of various generic drugs to increase consumers’ market choices and the Federal Trade Commission’s (FTC) interpretation of a provision of the Fair Credit Reporting Act (FCRA) that requires lenders to disclose certain information to consumers. The branch was also instrumental in securing court orders requiring major tobacco companies to place statements on their websites, on cigarette packages, and at retail stores correcting past false statements that they had been making about the safety of their products.

Principal Deputy Assistant Attorney General Delery expressed his gratitude and appreciation for the dedicated public servants who work tirelessly to protect consumers. These individuals include attorneys, investigators, paralegals and other personnel throughout the Civil Division, the U.S. Attorneys’ Offices, the Department of Health and Human Services, the FDA, the FTC, the Consumer Product Safety Commission, the Postal Inspection Service and other federal and state agencies.

ATTORNEY CHARGED WITH CHURNING OUT BASELESS LEGAL OPINION LETTERS ON PENNY STOCKS THROUGH HIS WEBSITE

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Mar. 7, 2013 — The Securities and Exchange Commission today charged a California-based lawyer who has been fraudulently churning out baseless legal opinion letters for penny stocks through his website without researching and evaluating the individual stock offerings.

Legal opinion letters are issued to transfer agents on behalf of holders of restricted stock seeking to sell the stock freely in the public markets. Transfer agents typically require a lawyer’s opinion explaining the legal basis for lifting the restriction on the stock and allowing it to be freely traded.

The SEC alleges that Brian Reiss of Huntington Beach, Calif., set up 144lettera.com to promote his legal opinion letter business and advertise "volume discount" rates while noting "penny stocks not a problem." Reiss steered potential customers to his website by making bids on search terms through Google’s AdWords, and then relied on a computer-generated template to draft his opinion letters within minutes absent any true analysis of the facts behind each stock offering. The letters from Reiss ultimately made false and misleading statements and facilitated the sale of securities in violation of the registration provisions of the federal securities laws.

"Reiss flouted his responsibilities as a gatekeeper in the issuance of stock, and churned out opinion letters to make a quick buck," said Andrew M. Calamari, Director of the SEC’s New York Regional Office. "Attorneys who act as gatekeepers in our markets have a solemn responsibility to ensure that they provide accurate information to the marketplace."

Sanjay Wadhwa, Senior Associate Director of the SEC’s New York Regional Office, added, "Reiss falsely claimed he had conducted investigations into various stocks and determined them to be exempt from registration under the securities laws. He misrepresented critical facts, and our enforcement action seeks to bring Reiss’s opinion mill to an end."

According to the SEC’s complaint filed in federal court in Manhattan, Reiss began issuing the fraudulent legal opinion letters in 2008. He advertised a $285 rate for each letter and a "volume discount" rate of $195 per letter. Reiss routinely made inaccurate statements bearing on whether the restriction should be lifted, and failed to conduct even a token inquiry into the underlying facts. He knew or recklessly disregarded the fact that shareholders seeking his opinion letters intended to sell their stock in the public markets, and that transfer agents would rely on his opinion letters to issue stock certificates without restrictive legends.

According to the SEC’s complaint, the false and misleading statements that Reiss made in opinion letters induced transfer agents for several public companies to remove the restrictive legends from the stock certificates and permit the sale of free-trading shares to the public. Reiss provided the opinion letters to transfer agents who required assurances in the form of a legal opinion that the transactions qualified for an exemption from the registration requirements under the federal securities laws. With Reiss’s baseless assurances, the transfer agents issued stock certificates without restrictive legends and enabled the stock to be traded freely.

The SEC’s complaint charges Reiss with violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC seeks disgorgement of ill-gotten gains with prejudgment interest and financial penalties. The SEC seeks to bar Reiss from participating in the offering of any penny stock pursuant to Section 20(g) of the Securities Act. The SEC also seeks permanent injunctions – including an injunction prohibiting Reiss from providing legal services in connection with an unregistered offer or sale of securities.

The SEC’s investigation was conducted by Charles D. Riely and Amelia A. Cottrell – members of the SEC Enforcement Division’s Market Abuse Unit – along with Shannon A. Keyes and Kathy Murdocco of the SEC’s New York Regional Office. The SEC’s litigation will be led by Mr. Riely and Ms. Keyes. The New York office’s broker-dealer examination team of Richard Heaphy, Michael McAuliffe, and Simone Celio, Jr. provided assistance with the investigation.

The SEC also acknowledges the assistance of the U.S. Attorney’s Office for the Southern District of New York, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority (FINRA).

THE HISTORICAL FIRST BATTLE OF IRON ARMORED SHIPS

 

FROM: U.S. NAVY

130219-N-ZZ999-505 WASHINGTON (Feb. 19, 2013) In this depiction of the Battle of Hampton Roads provided by Naval History and Heritage Command, USS Monitor and CSS Virginia fire on each other. Monitor was a revolutionary vessel, designed by John Ericson, changing the course of the United States Navy. The Brooklyn-built Monitor made nautical history after being designed and assembled in 118 days, and then commissioned Feb. 25, 1862. Fighting in the first battle between two ironclads in the Battle of Hampton Roads on Mar. 9, 1862, the engagement marked the first time iron-armored ships clashed in naval warfare and signaled the end of the era of wooden ships. Its battle between the CSS Virginia proved that the age of wooden ships and sail were at an end. Though the Monitor's confrontation with the CSS Virginia ended in a draw, the Monitor prevented the Virginia from gaining control of Hampton Roads and thus preserved the Federal blockade of the Norfolk area. The Virginia, built on the carcass of the U.S. Navy frigate USS Merrimack, was the Confederate answer to the Union's ironclad ships. Months later, 16 Sailors were lost when the Monitor sank on Dec. 31, 1862 in a storm off Cape Hatteras, N.C. Her wreck was discovered in 1974 and is now a National Marine Sanctuary. (U.S. Navy photo courtesy of Naval History and Heritage Command/Released)

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY

130308-N-MG658-612 ARLINGTON, Va. (March 8, 2013) Members of the U.S. Navy Ceremonial Guard escort the remains of two Sailors recovered from the ironclad USS Monitor during a military funeral at Arlington National Cemetery. Monitor sank off Cape Hatteras, N.C., in 1862. The Sailors are being interred with full military honors. (U.S. Navy photo by Mass Communication Specialist 2nd Class Todd Frantom/Released)

130306-N-BX824-046 PACIFIC OCEAN (March 6, 2013) A phalanx close-in weapons system (CIWS) is fired during a pre-action aim calibration test aboard the forward-deployed Arleigh Burke-class guided-missile destroyer USS Lassen (DDG 82). Lassen is part of Destroyer Squadron (DESRON) 15, forward deployed to Yokosuka, Japan, and is underway to conduct exercise Foal Eagle 2013 with the Republic of Korea in support of regional security and stability of the Asia-Pacific region. (U.S. Navy photos by Mass Communication Specialist 3rd Class Ricardo R. Guzman/Released)

U.S. CONGRATUALTES KENYANS ON PEACEFULL ELECTIONS

Right:  A view of the Kiambethu tea farm in Limuru. Credit: CIA World Factbook.

FROM: U.S. STATE DEPARTMENT
Results of Elections in Kenya
Press Statement
John Kerry
Secretary of State
Washington, DC
March 9, 2013
　

On behalf of the United States of America, I want to congratulate the people of Kenya for voting peacefully on March 4 and all those elected to office. Across the country, Kenyans turned out by the millions to exercise their most fundamental democratic right. I am inspired by the overwhelming desire of Kenyans to peacefully make their voices heard, and I applaud the patience they have shown as votes were tallied.

Foremost in our minds is a desire to see the will of the Kenyan people expressed freely and fairly. We strongly urge all parties and their supporters to peacefully address any disputes with today’s announcement by the Independent Electoral and Boundaries Commission through the Kenyan legal system, rather than on the streets. These elections are an historic opportunity for the people of Kenya to come together to build a better future. Since its independence in 1963, Kenya has been one of America’s strongest and most enduring partners in Africa. We stand with you at this historic moment and will continue to be a strong friend and ally of the Kenyan people.

Weekly Address: End the Sequester to Keep Growing the Economy | The White House

Weekly Address: End the Sequester to Keep Growing the Economy | The White House

SECRETARY OF DEFENSE HABEL VISITS AFGHANISTAN

FROM: U.S. DEPARTMENT OF DEFENSE

Remarks by Secretary Hagel in Jalalabad, Afghanistan
MODERATOR: ... Veteran, Secretary Chuck Hagel.

SECRETARY OF DEFENSE CHUCK HAGEL: Thank you.

Colonel, thank you and thank you for your leadership.

First, let me thank each of you for your service and what you're doing here for our country and for the people of Afghanistan.

It is a, as you know, an immense responsibility for each of you to be part of something so important at an important time in the world, certainly an important time for this country, for the United States of America. And to each of you and your families, thank you for your sacrifices and your service.

It is true, I was in the United States Army in 1968 in Vietnam. I was with the 9th Infantry Division. I wasn't smart enough to be in 101st, but worked with 101st on two different occasions and have many friends who served with the Screaming Eagles for many years, some even led this much decorated and distinguished division and I always have appreciated this service that this division has given to our country.

I'm going to ask each of you if you've got any questions or more importantly, advice for me here in a minute, but let me make a couple of comments.

First, I am much honored to serve as secretary of defense. It, of course, is a personal privilege but more than that, it is a ... opportunity to serve with America's finest men and women who render as selfless service as I know. And to be part of your team is indeed a great privilege and I want you to know how proud I am to be part of your team and working with you.

And I want you to also know that I will always do my best for you, for your families, our country. I will always put our men and women in uniform first and do everything I can to ensure your safety or success and everything that you're entitled to.

These are not easy times for our country, for the world and certainly these are not easy times to be part of our armed forces. But they are times that give us each a rare opportunity to participate in something that, that doesn't come along every day.

We are seeing a world in great transition just like the transition underway here in Afghanistan. That presents great possibilities for all of us. Yes, dangers; yes, uncertainty; yes, complicated challenges, but I think the way we always look at challenges is that we see through those challenges, define the opportunity to help make a better world. And if there is one thing that defines your service, your sacrifices, it is to help make a better world.

I thank you for that and I remind you of that opportunity that we all have working together to accomplish something that not all generations have an opportunity to accomplish.

So thank you. Again, I'm very proud to be part of your team and I look forward to working with you as we go forward on all the big issues that face all of us.

Now, what do you want to talk about? What advice do you have? Who wants to start?

Yes?

Q: Mr. Secretary, with the high unemployment rate facings our veterans of our Operation Iraqi Freedom and Operating Enduring Freedom, what is -- what are we doing to help veterans as they transition out of the military and back into the civil sector to be successful?

SEC. HAGEL: Well, I appreciate, (inaudible), your question. It is a fundamental question for each of you and your families.

There is no higher priority that I have than to assist our -- our men and women as they transition out into a different life whenever that transition comes, and that includes employment opportunities, that includes benefits, that includes all of the commitments that our nation makes to each of you when you agree to make a commitment to our country.

We have, as you know, many ongoing programs in place. We need to implement new programs, we will. I will do everything I possibly can to assure those commitments are fulfilled at every level, in every program.

In fact, when I get back next week, I'm going to be meeting with the Secretary of Veterans Affairs, General Eric Shinseki, to reconnect with General Shinseki who I've known for many years, as committed and dedicated American as I know of -- you know of distinguished military career and that's one area of cooperation, working closer with the VA in assuring that some of those programs are carried forward.

We have other programs specifically focused on employment, a new G.I. bill which I hope many of you and your families are either taking advantage of some -- at some point, or will. I was a leading co-sponsor of that legislation back in 2008, which I'm very proud of. That, I think, gives our military men and women and their families for the first time ever, more options and more benefits than ever.

So many of the programs that we need to continue to work on, work through, the funding for those is critically important, and I will do everything within my power to assure that the funding is there and the commitments that we've made to you are fulfilled.

Thank you.

Yes?

Q: Mr. Secretary, how will sequestration affect military PCS movements?

SEC. HAGEL: The question is on sequestration and PCS movements, but larger questions abound on sequestration as you know. I think you all are aware of what's going on in Washington with sequestration and essentially what that means is what is happening to the Department of Defense as one of the federal agencies in Washington, we are required to take a cut in our budget. We are managing that. We are dealing with it. We will continue to manage with those realities.

Further complicating that is a -- a continuing resolution that is funding our departments, funding the government. That continuing resolution comes due March 27 so the -- the Congress is going to have to make a decision as to what happens after the 27th. Many of you have been following this. The House of Representatives passed legislation here this week.

But that being the landscape which most of you know, yes, it affects everything. It -- it affects all of our programs, but what I'm committed to do and our leaders are committed to do -- I've met with the chiefs of each service and the secretaries of each service a number of times, met with them two days ago before I left Washington -- is to assure that our men and women in uniform are not affected on any of the pay, benefits. Our readiness continues to stay as active and alert and essential as any -- at any time. And so we are adjusting in training, steaming time, flight time, areas that don't affect directly our men and women in uniform and -- and our readiness.

But it's a problem, it's serious, if -- if it continues, it -- it will make our jobs more difficult. Our jobs are more difficult now but if it continues it'll -- it'll be more and more difficult for us to do what we are required to do and that is to assure the security of America around the world.

We will manage it; we will work through it and we'll continue to work with the Congress on ways to make sure that that certainty of security is -- is there and will continue to be there.

Thank you.

Q: Sir, some of the benefits for same sex partners are already in the works. Do you plan on pushing so that the same sex partners get all the benefits as other spouses?

SEC. HAGEL: Well, the -- the quick answer to the question is yes, absolutely. I made that commitment to the Congress. I made that commitment to the president. It's the right thing to do. Every member who serves their country deserves the same benefits, that's right. It's -- it's the right thing to do.

As many of you know, before Secretary Panetta left office, he issued a statement which addresses even more of -- of those issues. We still have more to address. We will. But I'm absolutely committed to fulfill the commitments that were made by the president, the same commitments that I made to the Congress and the men and women and their families of the armed forces.

Q: Mr. Secretary, with budget cuts and the downsizing of the military, how will that change what our main focus as soldiers in the military will be when we get back stateside, Mr. Secretary?

SEC. HAGEL: Well a general question about, with the sequestration and the budget limitations how it would affect our focus on our military men and women as they transition back to the United States.

As I said earlier, if the sequestration continues and we see this for a long period of time, it is going to affect our ability to have flexibility and certainty in assignments and other areas that will affect some of our people.

So, I think in the meantime, we must continue to work with the Congress and work with our people and -- and manage the realities that we have in front of us to assure the readiness and the capabilities of our -- of our forces.

I'll take one more.

Q: Mr. Secretary, I just had one question. How is this about -- how is this -- everything going on in Congress right now -- going to affect us that are about to retire?

SEC. HAGEL: Well, I think the retirement benefits and all the commitments that have been made to all of you will continue to be assured and we will protect those -- those -- those benefits. And I have every confidence that -- that Congress has every intention in continuing to work with us on assuring that all of our retirement benefits and other benefits continue to be funded and the commitments fulfilled.

Again, thank you very, very much for your service to our country. Give my regards to your families. I have some appreciation for what your families go through. I think the families are always in a position where it's, you know, almost every case most difficult for them, not that it's easy for you.

But the -- the families have to always kind of be behind and worry and deal with the day to day rigors of -- of in many cases, a one parent families and other responsibilities while you're doing your job for our country. And I want you to know as secretary of defense, I have some appreciation of that, I recognize that and we very much appreciate that.

Thank you very much. Take care of yourselves.

Thank you, thank you, thank you.

RECENT U.S. NAVY PHOTOS





 

 

  FROM: U.S. NAVY
U.S. Navy Sailors transit to a rendezvous point with the Belizean Defense Force to continue joint river operations during Southern Partnership Station 2013 in 4th Fleet’s area of responsibility, Feb. 25. Southern Partnership Station is an annual deployment that exchanges training and expertise between U.S. military and civilian agencies with their counterparts in Central and South America and the Caribbean. (U.S. Air Force photo by Staff Sgt. Ashley Hyatt/Released

Nimitz-class aircraft carrier USS Dwight D. Eisenhower (CVN 69) approaches USNS Patuxent (T-AO 201) in preparation for Eisenhower’s first replenishment-at-sea during her 2013 deployment, March 3. Eisenhower departed Naval Station Norfolk on a regularly-scheduled deployment in support of Maritime Security Operations and Theater Security Cooperation efforts in the U.S. 5th and 6th Fleet areas of responsibility. (US Navy photo by Mass Communication Specialist 3rd Class (SW) Rob Rupp/Released)

 

DOE REACHES AGREEMENT WITH TECHNICAL COLLEGE SYSTEM OVER ACCESSIBILITY OF WEBSITES FOR PEOPLE WITH DISABILITIES

FROM: U.S. DEPARTMENT OF EDUCATION
Civil Rights Agreement Reached with South Carolina Technical College System on Accessibility of Websites to People with Disabilities
March 8, 2013

The U.S. Department of Education's Office for Civil Rights (OCR) today announced that it has entered into an agreement with the South Carolina Technical College System (SCTCS), the state's largest higher education system, that will ensure that the websites of SCTCS and its 16-member colleges are accessible to persons with disabilities.

Colleges and universities increasingly provide information to employees, applicants, students and others through their websites. As part of a proactive compliance review, OCR assessed the accessibility of websites operated by SCTCS and two of its colleges to people with visual disabilities. OCR found that the sites were not readily accessible to persons who are blind, have low vision, or have other print-related disabilities. The office determined that the sites were not in compliance with two federal laws enforced by the Department of Education -- Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

In response to this finding, SCTCS and its governing board, the State Board of Technical and Comprehensive Education (SBTCE), entered into a voluntary resolution agreement to ensure that all content on the websites will be accessible to students with visual and other print-related disabilities.

Under the terms of the agreement, SCTCS and its board will:
Develop a resource guide that provides information about web accessibility requirements;
Direct that the SCTCS website and the websites of all the member colleges be accessible to students with disabilities; and
Annually review the system’s and colleges’ websites and monitor steps taken to correct any accessibility problems identified.
"All students with disabilities, including those who are blind, should have full access to the information on a school's websites," said Acting Assistant Secretary for Civil Rights Seth Galanter. "Schools today rely on websites to register students, distribute course materials, collect homework, and administer quizzes. Students with disabilities cannot be denied the same opportunity to access these services on the web 24/7 from anywhere. As a result of this agreement, SCTCS will now ensure that the system's website and those of the member colleges will be accessible to all students, regardless of their disability."

Galanter praised the response of SCTCS and SBTCE to OCR's findings, saying, "I appreciate the efforts by the South Carolina Technical College System and its governing board to work cooperatively with OCR to address web accessibility for persons requiring assistive technology to access the Internet."

OCR will closely monitor SCTCS's implementation of the agreement. OCR will not stop monitoring the case until OCR determines that SCTCS has fulfilled the terms of the agreement and is in compliance with the provisions of Section 504 and Title II that were at issue in this review.

STATE DEPARTMENT STATEMENT ON SIXTH ANIVERSARY OF THE DISAPPEARANCE OF U.S. CITIZEN ROBERT LEVINSON

FROM: U.S. STATE DEPARTMENT
Sixth Anniversary of the Disappearance of Robert Levinson
Press Statement
John Kerry
Secretary of State
Washington, DC
March 8, 2013

Tomorrow marks the sixth anniversary of the disappearance of U.S. citizen Robert Levinson, a retired FBI agent who went missing in Iran on March 9, 2007.

A husband and father to seven children, Mr. Levinson has missed birthdays, anniversaries, weddings, and other important milestones since his disappearance six years ago from Iran’s Kish Island. He is also the grandfather of two, the second of which was born in his absence.

The United States continues to welcome the assistance of our international partners in this investigation and calls on the Government of the Islamic Republic of Iran to uphold its offer to help find

Mr. Levinson and return him safely to his family.

I met with Mr. Levinson’s wife and son today to reiterate that the U.S. Government remains committed to locating Mr. Levinson and reuniting him safely with his family.

Last year the FBI announced a $1 million reward for information on Mr. Levinson’s whereabouts that could lead to his safe return. Anyone who may have information about this

case is asked to contact the FBI.

WAR OF THE CYBER WORLDS

U.S. sailors assigned to Navy Cyber Defense Operations Command man their stations at Joint Expeditionary Base Little Creek-Fort Story, Va., Aug. 4, 2010. NCDOC sailors monitor, analyze, detect and respond to unauthorized activity within U.S. Navy information systems and computer networks. U.S. Navy photo by Petty Officer 2nd Class Joshua J. Wahl

FROM: U.S. DEPARTMENT OF DEFENSE
Cyber Command, DOD Work to Understand Cyber Battlespace
By Cheryl Pellerin
American Forces Press Service

WASHINGTON, March 7, 2013 - Since the Defense Department officially made cyberspace a new domain of warfare in 2011, experts in the public and private sectors have been working to make that inherently collaborative, adaptable environment a suitable place for military command and control.

In July of that year, the first initiative of the first DOD Strategy for Operating in Cyberspace called for treating cyberspace as an operational domain -- no different from air, land, sea or space -- to organize, train and equip so the department could take full advantage of cyber potential.

Cyberspace is defined as a collection of computer networks that use a variety of wired and wireless connections, a multitude of protocols, and devices ranging from supercomputers to laptops to embedded computer systems designed for specific control functions in larger systems.

At the 4th Annual Cyber Security Conference held here Feb. 22, Air Force Maj. Gen. Brett T. Williams, director of operations at U.S. Cyber Command, described how Cybercom is using the Internet and other aspects of the cyber environment to execute its mission.

"The challenge we have is that the Internet was never designed for military command and control, ... yet we've adapted it to do that," he said.

In the process, the general added, officials have tried to define the Cybercom mission more clearly over the last few months.

As part of DOD, Williams said, part of Cybercom's mission is to help in defending the homeland, especially against cyberattacks and other activities in cyberspace that could affect national security.

"In that role, like the rest of the Department of Defense, we function as a supporting command to the national command authority at the Department of Homeland Security," he added.

Cybercom's second responsibility is to secure, operate and defend what is now defined as the Department of Defense information networks, or DODIN, formerly called the Global Information Grid, the general said. DODIN is a globally interconnected end-to-end set of information capabilities for collecting, processing, storing, disseminating and managing information on demand to warfighters, policymakers and support personnel.

The third mission area, he said, is to support regional combatant commanders such as those at U.S. Pacific Command and U.S. Central Command, and functional combatant commanders such as those at U.S. Transportation Command and U.S. Strategic Command.

Quantifying mission requirements is another effort under way at Cybercom, the general said.

"What we're working through right now is taking forces dedicated to the cyber mission and fundamentally defining a unit of action or unit of employment to do our mission, then realigning our forces," Williams said. "You need to be able to say, 'What kind of cyber units do I need and how many do I need?' If you can't do that, then you really can't [plan] and you can't understand where you're taking risk."

For a military force, according to the U.S. Army Combined Arms Center, a line of operation is a line that defines the orientation of a force in time and space in relation to the adversary, and links the force with its base of operations and objectives. Major combat operations typically are designed using lines of operation.

For the cyber domain, Cybercom has three lines of operation -- DOD network operations, defensive cyber operations and offensive cyber operations.

For network operations "we provision, we operate, we maintain the networks [and] we do static defense," Williams said -- things such as firewalls, antivirus applications and the host-based security system called HBSS, the DOD off-the-shelf commercial suite of software applications used to monitor, detect and counter attacks against DOD computer networks and systems.

"No matter how good we get at [defending the network], it's not going to be sufficient," the general said, "because if we harden the network such that nobody gets in, then we can't get out, and we lose our ability to do the most important thing we need to do in cyber, which is, I would argue, to command and control our forces."

The second line of operation involves defending cyber operations. What Cybercom calls DCO has two aspects, Williams said.

First, he explained, people must be able to maneuver in Cybercom's friendly networks and hunt for and kill things that get through the static defenses. Cybercom also needs a "red team" capability to simulate the opposition for training purposes, and it needs people who can assess the networks for vulnerabilities and advise the network owners, or commanders, where it makes sense to take risk based on their operational missions.

"The other part of the DCO is that we need capability to go outside our own networks" and stop malware and other attacks before they reach the network, the general said.

"Having the capability to operate outside our own networks ... subject to all the laws of war, all the rules of engagement, all [DOD] polices ... means being able to have that spectrum of options [available] for the commanders," he added.

The third line of operation is offensive cyber operations, or OCO, Williams said. "That's the ability to deliver a variety of effects outside our own networks to satisfy national security requirements," he explained.

Given these lines of operation, Williams said, commanding and controlling forces in cyberspace requires technologies with different capabilities than are fully available today.

"What we really need is all the data to understand what goes on in cyberspace. ... Every time something plugs in, it's got to identify itself and populate a database with all the knowable parameters," he said.

The data has to go from unclassified to top secret and be accessible to anyone with appropriate clearances, he added, and how the data is presented should be cost-effectively customizable at any level.

"The second thing we need is to be able to move that data around," Williams said. "We've got to get away from these [tens of thousands] of networks that we rely on in the department to do what we have to do."

Some of these critical cyberspace requirements will be met by the Joint Information Environment, the general said. JIE is a single, joint, secure, reliable and agile command, control, communications and computing enterprise information environment to which DOD is transitioning in a first-phase implementation that spans fiscal years 2013 and 2014.

The JIE will combine DOD's many networks into a common and shared global network. It will provide email, Internet access, common software applications and cloud computing. Main objectives are to increase operational efficiency, enhance network security and save money by reducing infrastructure and staffing.

According to the Defense Information Systems Agency, the JIE will encompass all DOD networks and will enhance network security by:

-- Using a single-security architecture;

-- Minimizing network hardware, software and staffing;

-- Giving DOD users access to the network from anywhere in the world;

-- Focusing on protecting data; and

-- Improving DOD's ability to share information among the services and with government agencies and industry partners.

Williams said operating in cyberspace also calls for the kind of mission-critical command-and-control capability provided to air operations by the Theater Battle Management Core System, a set of software applications that allows automated management of air battle planning and intelligence operations. The system operates at the force level and the unit level.

"We need that same type of thing to do our planning for cyberspace," the general said, adding that the closest thing he's seen to a workable system for cyberspace is called Plan X, an effort announced in May by the Defense Advanced Research Projects Agency.

Plan X, according to DARPA's website, will try to create revolutionary technologies for understanding, planning and managing DOD cyber missions in real-time, large-scale and dynamic network environments.

More than 350 software engineers, cyber researchers and human-machine interface experts attended the initial DARPA workshop.

"The program covers largely uncharted territory as we attempt to formalize cyber mission command and control for the DOD," DARPA program manager Dan Roelker said in a recent statement.

Plan X, Williams said, "is being worked by a group of people who in my view are technology people who have a better understanding of the operational requirement than most anybody else I've seen. They've taken it from the PowerPoint level to some things where you can see how this would work."

Cybercom needs such a knowledge-management tool, the general said, "that allows us to plan and execute in an intuitive way and that doesn't require everyone who operates in cyber to have a degree in electrical engineering or computer science. We just can't train everybody to do that."