SECRETARY OF STATE KERRY SEEKS TO USE REWARD PROGRAM TO DISMANTLE XAYSAVANG NETWORK

FROM:  U.S. STATE DEPARTMENT 

First Reward Announced for Information on Transnational Organized Criminals
On November 13, Secretary Kerry offered a reward of up to $1 million for information leading to the dismantling of the Xaysavang Network, a transnational wildlife trafficking syndicate based in Laos. The reward, the first under INL’s Transnational Organized Crime Rewards Program (TOCRP), is meant to disrupt the illicit trade of wildlife, estimated at $8-10 billion per year.

Profits from wildlife trafficking fund other illicit activities such as narcotics, arms, and human trafficking, and the Xaysavang Network is among the most prolific illicit traders of wildlife.

The Xaysavang Network has affiliates in South Africa, Mozambique, Thailand, Malaysia, Vietnam, and China. Its activities facilitate the killing of elephants, rhinos, and other species for products such as ivory.

Sophisticated transnational criminal organizations like the Xaysavang Network perpetuate corruption, threaten the rule of law and border security in fragile regions, and destabilize communities that depend on wildlife for biodiversity and eco-tourism.

On January 15, 2013 President Obama signed the TOCRP into law as a means of countering the increased global reach and sophistication of today's criminals. Identifying and dismantling organized criminal groups that operate across borders is very difficult. Obviously, critical information on the transnational criminals, such as financial data, will help law enforcement uncover this criminal activity.

U.S. missions, especially those located in Asia and Africa, are encouraged to disseminate this reward offer to applicable contacts. Information on the Xaysavang Network, including its members or its illegal activities, may contact the rewards hotline in Laos at +856 21 219565 or by email at TOCRP-Xaysavang@state.gov.

The United States will ensure confidentiality to individuals who provide information on transnational criminals, and, if appropriate, will relocate these individuals and their families. Rewards and amounts will be considered on a case-by-case basis.

U.S. STATEMENT ON ISRAELI MEMBERSHIP IN THE WESTERN EUROPEAN AND OTHERS GROUP (WEOG)

FROM:  U.S. STATE DEPARTMENT 
Israel Invited To Join the Western European and Others Group (WEOG) in Geneva
Press Statement
John Kerry
Secretary of State
Washington, DC
December 2, 2013

Israeli membership in the WEOG in Geneva is overdue, and we welcome the decision to invite Israel to join beginning January 1, 2014.

It goes without saying that at a time when the scourge of global anti-semitism is on the rise, it is more important than ever for Israel to have a strong voice that can be heard everywhere. This is a particularly welcome development as we work to end anti-Israel bias in the UN system. We will continue to speak out for our close ally, Israel, and we will continue to support efforts to normalize Israel’s treatment across the UN system as a full and equal member of the community of nations.

OWNERS OF HEALTH CARE CLINIC SENTENCED FOR ROLES IN HEALTH CARE FRAUD

FROM:  U.S. JUSTICE DEPARTMENT
Monday, December 2, 2013
Health Care Clinic Owners Sentenced for Role in $8 Million Health Care Fraud Scheme

Two health care clinic owners were sentenced today in connection with an $8 million health care fraud scheme involving the now-defunct home health care company Flores Home Health Care Inc.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Miguel Jimenez, 43, and Marina Sanchez Pajon, 29, both of Miami, were sentenced by U.S. District Judge Ursula Ungaro in the Southern District of Florida.   Jimenez was sentenced to serve 87 months in prison and Pajon was sentenced to serve 57 months in prison.   Jimenez and Pajon pleaded guilty in August to conspiracy to commit health care fraud.

Jimenez and Pajon, who are married, were owners and operators of Flores Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries.

According to court documents, Jimenez and Pajon operated Flores Home Health for the purpose of billing Medicare for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.   Jimenez’s primary role at Flores Home Health involved controlling the company and running and overseeing the schemes conducted through Flores Home Health.   Both Jimenez and Pajon were responsible for negotiating and paying kickbacks and bribes, interacting with patient recruiters, and coordinating and overseeing the submission of fraudulent claims to the Medicare program.

Jimenez, Pajon, and their co-conspirators paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Flores Home Health for home health and therapy services that were medically unnecessary and/or not provided.   They also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation.   Jimenez, Pajon, and their co-conspirators used the prescriptions, medical certifications, and other documentation to fraudulently bill Medicare for home health care services, which Jimenez and Pajon knew was in violation of federal criminal laws.

From approximately October 2009 through approximately June 2012, Flores Home Health was paid approximately $8 million by Medicare for fraudulent claims for home health services that were not medically necessary and/or not provided.

The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  This case was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.      
                       
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

CDC FINDINGS RELEASED REGARDING IMPROVING FOOD SAFETY IN RESTAURANTS

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION 
CDC releases new findings and prevention tools to improve food safety in restaurants

Increased awareness and implementation of proper food safety in restaurants and delis may help prevent many of the foodborne illness outbreaks reported each year in the United States, according to data from the Centers for Disease Control and Prevention.  Researchers identified gaps in the education of restaurant workers as well as public health surveillance, two critical tools necessary in preventing a very common and costly public health problem.

The research identifies food preparation and handling practices, worker health policies, and hand-washing practices among the underlying environmental factors that often are not reported during foodborne outbreaks, even though nearly half of all the foodborne outbreaks that are reported each year are associated with restaurants or delis. Forty-eight million people become ill and 3,000 die in the United States.

"Inspectors have not had a formal system to capture and report the underlying factors that likely contribute to foodborne outbreaks or a way to inform prevention strategies and implement routine corrective measures in restaurants, delis and schools to prevent future outbreaks," said Carol Selman, head of CDC's Environmental Health Specialists Network team at the National Center for Environmental Health.

Four articles published today in the Journal of Food Protection focus on actions steps to prevent foodborne illness outbreaks related to ground beef, chicken, and leafy vegetables like lettuce and spinach. The articles also focus on specific food safety practices, such as ill workers not working while they are sick, as a key prevention strategy.

Since 2000, CDC has worked with state and local health departments to develop new surveillance and training tools to advance the use of environmental health assessments as a part of foodborne outbreak investigations.

The National Voluntary Environmental Assessment Information System (NVEAIS) is a new surveillance system targeted to state, tribal and other localities that inspect and regulate restaurants and other food venues such as banquet facilities, schools, and other institutions. The system provides an avenue to capture underlying environmental assessment data that describes what happened and how events most likely lead to a foodborne outbreak. These data will help CDC and other public health professionals determine and understand more completely the primary and underlying causes of foodborne illness outbreaks.

A free interactive e-learning course has been developed to help state and local health departments investigate foodborne illness outbreaks in restaurants and other food service venues as a member of a larger outbreak response team, identify an outbreak's environmental causes, and recommend appropriate control measures. This e-learning course is also available to members of the food industry, academia and the public, anyone interested in understanding the causes of foodborne outbreaks.

"We are taking a key step forward in capturing critical data that will allow us to assemble a big picture view of the environmental causes of foodborne outbreaks," Selman said.

The data surveillance system and e-Learning course will debut in early 2014. With these tools, state, and local public health food safety programs will be able to report data from environmental assessments as a part of outbreak investigations and prevent future foodborne outbreaks in restaurants and other food service establishments.

CDC developed these products in collaboration with the U.S. Food and Drug Administration, U.S. Department of Agriculture, and state and local health departments.

PHARMACY BENEFIT MANAGEMENT COMPANY TO PAY $4.25 MILLION FOR DENIAL OF MEDICAID CLAIMS

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, December 2, 2013
CVS’ Caremark Will Pay $4.25 Million for Allegedly Denying Medicaid Claims for Reimbursement of Prescription Drug Costs

Caremark LLC, a pharmacy benefit management company (PBM), will pay the government and five states a total of $4.25 million to settle allegations that it knowingly failed to reimburse Medicaid for prescription drug costs paid on behalf of Medicaid beneficiaries, who also were eligible for drug benefits under Caremark-administered private health plans, the Justice Department announced today.  Caremark is operated by CVS Caremark Corp., one of the largest PBMs and retail pharmacies in the country.  A PBM administers and manages the drug benefits for clients who offer drug benefits under a health insurance plan.

Under the terms of the agreement, the government will receive approximately $2.31 million.  In addition, five states -- Arkansas, California, Delaware, Louisiana and Massachusetts -- will share $1.94 million.

“It is vitally important that cash-strapped Medicaid programs receive reimbursement for costs they incur that should have been paid for by other insurers,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery.  “We will take action against those who seek to gain at the expense of Medicaid or other federal health care programs.”

Caremark served as the PBM for private health plans that insured a number of individuals receiving prescription drug benefits under both a Caremark-administered plan and Medicaid.  When an individual is covered by both Medicaid and a private health plan, the individual is called a “dual eligible.”  Under the law, the private insurer, rather than the government, must assume the costs of health care for dual eligibles.  If Medicaid erroneously pays for the prescription claim of a dual eligible, Medicaid is entitled to seek reimbursement from the private insurer or its PBM, in this case Caremark.

  According to the government, Caremark allegedly used a computer claims processing platform called “Quantum Leap” to cancel claims for reimbursement submitted by Medicaid for dual eligibles.  The government alleged that Caremark’s actions caused Medicaid to incur prescription drug costs for dual eligibles that should have been paid for by the Caremark-administered private health plans rather than Medicaid.

The allegations settled today arose from a lawsuit filed by Janaki Ramadoss, a former Caremark quality assurance representative, under the qui tam, or whistleblower, provisions of the False Claims Act.  Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.  The Act also allows the government to intervene in the lawsuit, as it has done in this case.  Ramadoss will receive approximately $505,680 from the federal government’s share of the settlement.  Ramadoss also will receive additional amounts from the settling states.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.1 billion of that amount recovered in cases involving fraud against federal health care programs.

This case was jointly litigated by the U.S. Attorney’s Office for the Western District of
Texas; the Justice Department’s Civil Division, Commercial Litigation Branch; and the attorneys general for the states of Arkansas, California and Louisiana.

The case is captioned United States ex rel. Ramadoss v. CVS Caremark Inc., SA-12-CA-929WRF (W.D. Texas).  The claims settled by this agreement are allegations only; there has been no determination of liability.

PRESIDENT OBAMA'S REMARKS DELIVERED ON WORLD AIDS DAY

FROM:  THE WHITE HOUSE 
Remarks by the President on World AIDS Day
South Court Auditorium
Eisenhower Executive Office Building
1:20 P.M. EST

THE PRESIDENT:  Thank you, everybody.  (Applause.)  Everybody, please have a seat.  Well, thank you, Grant, for your outstanding leadership of the Office of National AIDS Policy.  And thanks to all of you for being here.  This is a pretty distinguished crowd, I have to say, and it is wonderful to be here.

I should say, actually, welcome back, because many of you have joined us before as we’ve marked new milestones in our fight against HIV and AIDS.  And I’m honored that you could join us in commemorating World AIDS Day, which was yesterday.  And this is a time for remembering the friends and loved ones that we’ve lost, celebrating the extraordinary progress -- thanks to some people in this room -- that we’ve been able to make, and most importantly, recommitting ourselves to the mission that we share, which is achieving an AIDS-free generation.

I especially want to welcome ministers from our partner countries; members of my administration, including Secretary Sebelius, Secretary John Kerry; Congresswoman Barbara Lee; Mark Dybul from the Global Fund to Fight AIDS, Tuberculosis and Malaria.  And we’ve also got here Francis Collins from the National Institutes of Health; Michel Sidibe from UN-AIDS; Deborah von Zinkernagel, who’s carrying on the great work of Eric Goosby as our Acting Global AIDS Coordinator; and our many friends from the philanthropic world, including Bill Gates.  So thank you all for joining us here today.

Every year, this is a moment to reflect on how far we’ve come since the early days of the AIDS epidemic.  And those of you who lived through it remember all too well the fear and the  stigma, and how hard people with HIV had to fight to be seen, or heard, or to be treated with basic compassion.  And you remember how little we knew about how to prevent AIDS, or how to treat it.  What we did know was the devastation that it inflicted -- striking down vibrant men and women in the prime of their lives and spreading from city to city and country to country seemingly overnight.

Today, that picture is transformed.  Thanks to the courage and love of so many of you in this room and around the world, awareness has soared; research has surged.  Prevention, treatment and care are now saving millions of lives not only in the world’s richest countries but in some of the world‘s poorest countries as well.  And for many, with testing and access to the right treatment, the disease that was once a death sentence now comes with a good chance at a healthy and productive life.  And that's an extraordinary achievement.

As President, I’ve told you that in this fight, you’ll have a partner in me.  And I said that if the United States wanted to be the global leader in combating this disease, then we needed to act like it -- by doing our part and by leading the world to do more together.  And that’s what we’ve done, in partnership with so many of you.  We created the first comprehensive National HIV/AIDS Strategy, rooted in a simple vision that every person should get access to life-extending care, regardless of age or gender, race or ethnicity, sexual orientation, gender identity or socio-economic status.

We’ve continued to support the Ryan White CARE Act to help underserved communities, and we lifted the entry ban so that people with HIV are no longer barred from the United States -- which led to the International AIDS Conference being held here last year for the very first time in over 20 years.

This summer, I issued an executive order creating the HIV Care Continuum Initiative to boost our federal efforts to prevent and treat HIV.  Last month, I signed the HIV Organ Policy Equity Act, to finally allow research into organ donations between people with HIV -- a step achieved with bipartisan support.

And thanks to the Affordable Care Act, millions of insured Americans will be able to get tested free of charge.  Americans who were uninsured will now be able to have access to affordable health care coverage, and beginning in January, no American will be again denied health insurance because of their HIV status.

On World AIDS Day two years ago, I announced an additional $35 million for the AIDS Drug Assistance Program, which helps people pay for lifesaving medications.  At one time, the need was so great that over 9,000 people were on the waitlist.  We vowed to get those numbers down.  And I’m proud to announce that, as of last week, we have cleared that waitlist.  We are down to zero.  (Applause.)  And we’re going to keep working to keep it down.

So we’re making progress.  But we’re all here today because we know how much work remains to be done.  Here in the United States, we need to keep focusing on investments to communities that are still being hit hardest, including gay and bisexual men, African Americans and Latinos.  We need to keep up the fight in our cities -- including Washington, D.C., which in recent years has reduced diagnosed infections by nearly half.

And we’re going to keep pursuing scientific breakthroughs.  Today I’m pleased to announce a new initiative at the National Institutes of Health to advance research into an HIV cure.  We’re going to redirect $100 million into this project to develop a new generation of therapies.  Because the United States should be at the forefront of new discoveries into how to put HIV into long-term remission without requiring lifelong therapies -- or, better yet, eliminate it completely.

And of course, this fight extends far beyond our borders.  When I became President, I inherited President Bush’s phenomenal program, PEPFAR, which has helped millions around the world receive lifesaving treatment.  And we haven’t just sustained those efforts, we’ve expanded them -- reaching and serving even more people, especially mothers and children.  Earlier this year, PEPFAR reached a wonderful milestone -- the one millionth baby born without HIV.  (Applause.)   And that alongside the rapid decline in new HIV infections and deaths from AIDS in sub-Saharan Africa.

On my visit to South Africa this year, I visited a clinic run by Bishop Desmond Tutu and had the honor of spending time with some of their extraordinary young patients and counselors and outreach workers and doctors.  Every day, they are doing extraordinary work.  And when you visit this facility, you cannot help but be inspired by what they do each and every day, in part thanks to the support of the United States of America.  They’re saving lives and they’re changing the way their country, and the world, approaches this disease.  And that’s work that we have to continue to advance.

On World AIDS Day two years ago, I set new prevention and treatment targets for PEPFAR, like increasing the number of mothers we reach so that we prevent their children from becoming infected, and helping 6 million people get treatment by the end of 2013.  Today, I’m proud to announce that we’ve not only reached our goal, we’ve exceeded our treatment target.  So we’ve helped 6.7 million people receive lifesaving treatment.  And we’re going to keep at it.  (Applause.)  Which is why, after I leave here today, I’ll be proud to sign the PEPFAR Stewardship and Oversight Act, to keep this program going strong.  (Applause.)  Count on the legislator to applaud legislation.  (Laughter.)

Looking ahead, it’s time for the world to come together to set new goals.  Right now we’re working hard to get a permanent leader in place at PEPFAR, and once we do, one of our first items of business will be convening a meeting early next year, so the United States and our partners worldwide -- including governments, the Global Fund, U.N.-AIDS, and civil society -- can sit around one table and develop joint HIV prevention and treatment goals for the countries where we and the Global Fund do business.  We’ll hold each other accountable, and we’ll continue to work to turn the tide of this epidemic together.

And that includes keeping up our support for the Global Fund.  Its success speaks for itself.  It’s helping over 6 million people in over 140 countries receive antiretroviral therapy.  And now it’s time to replenish the Fund.  The United States will contribute $1 for every $2 pledged by other donors over the next three years, up to $5 billion total from the United States.  And the United Kingdom has made a similar promise.  (Applause.)

So today I want to urge all those who are attending the Global Fund’s replenishment meetings both today and tomorrow to take up this commitment.  Don’t leave our money on the table.  It’s been inspiring to see the countries most affected by this disease vastly increase their own contributions to this fight -- in some cases, providing more than donor countries do.  And that ought to inspire all of us to give more, to do more, so we can save more lives.

After all, none of the progress we’ve made against AIDS could have been achieved by a single government or foundation or corporation working alone.  It’s the result of countless people -- including so many of you -- working together from countries large and small, philanthropies, universities, media, civil society, activists.  More than anything, I think it’s thanks to the courageous people living with HIV around the world who’ve shared their stories; you’ve lent your strength, demanded your dignity be recognized, and led the fight to spare others the anguish of this disease.

We can’t change the past or undo its wrenching pain.  But what we can do -- and what we have to do -- is to chart a different future, guided by our love for those we couldn’t save. That allows us to do everything we can, everything in our power to save those that we can.  And that’s my commitment to you as President.

The United States of America will remain the global leader in the fight against HIV and AIDS.  We will stand with you every step of this journey until we reach the day that we know is possible, when all men and women can protect themselves from infection; a day when all people with HIV have access to the treatments that extend their lives; the day when there are no babies being born with HIV or AIDS, and when we achieve, at long last, what was once hard to imagine -- and that’s an AIDS-free generation.

That’s the world I want for my daughters.  That’s the world that all of us want for our families.  And if we stay focused, if we keep fighting, and if we honor the memory of those that we’ve lost, if we summon the same courage that they displayed, by insisting on whatever it takes, however long it takes, I believe we’re going to win this fight.  And I’m confident that we’ll do so together.

So thank you very much for your extraordinary efforts.  Appreciate it.  God bless you.  Thank you.  Thank you.  (Applause.)  Good work.  (Applause.)

U.S. DEFENSE DEPARTMENT CONTRACTS FOR DECEMBER 12, 2013

FROM:  U.S. DEFENSE DEPARTMENT 
CONTRACTS

ARMY

Raytheon Co., Fort Wayne, Ind., was awarded a $97,850,000 five year indefinite-delivery/indefinite-quantity contract for the design, building, integration, testing, and delivery of the Electronic Warfare Planning and Management Tool.  Funding and locations will be determined by each order.  Estimated completion date is Dec. 1, 2018.  Bids were solicited via the Internet with six received.  Army Contracting Command, Aberdeen, Md., is the contracting activity (W15P7T-14-D-C006).

Dutra Dredging Company, Calif. was awarded a $19,869,500 firm-fixed-price contract for dredging in the Thimble Shoal Federal Navigation Channel and the Cape Henry Federal Navigation Channel.  Fiscal 2014 other procurement funds in the amount of $8,231,200 were obligated at the time of the award.  Estimated completion date is Sept. 1, 2014.  Bids were solicited via the Internet with three received.  Work location is Newport News, Va.  Army Corps of Engineers, Norfolk, Va., is the contracting activity (W91236-14-C-0014).

AIR FORCE

The Boeing Co., Wichita, Kan., has been awarded a $75,679,707 firm-fixed-price modification (P00030) on an existing contract (FA8106-06-D-0001) for Product Service Integrator for the E-4B platform consisting of sustainment, programmed depot maintenance, modification, and related support.  Work will be performed at Wichita, Kan., and is expected to be completed by Nov. 30, 2014.  This award is the result of a sole-source acquisition.   Fiscal 2014 operations and maintenance funds in the amount of $24,502,089 are being obligated at time of award.  Air Force Life Cycle Management Center/WLKLC, Tinker Air Force Base, Okla., is the contracting activity.

Al Raha Group for Technical Services, Riyadh, Kingdom of Saudi Arabia, has been awarded a $45,000,000 (estimated) modification (P00003) on an existing firm-fixed-price/cost-reimbursable-no-fee contract (FA8505-12-D-0001) for foreign military sales Royal Saudi Air Force F-15 unclassified items, third party logistics, repair and return management services.  This modification adds six months period of performance to the basic contract.  Work will be performed at the contractor's facility in Warner Robins, Ga., Riyadh, Kingdom of Saudi Arabia, and multiple certified sources of repair located throughout the continental United States, and is expected to be completed by May 31, 2014.  This contract is 100 percent foreign military sales for Saudi Arabia.  Air Force Life Cycle Management Center/WWKA, Robins Air Force Base, Ga., is the contracting activity.

Phacil Inc., Arlington, Va., has been awarded a $10,965,757 primarily fixed-price incentive (firm target) modification exercising option 1 on the Modernization Eastern Range Network (MEN) task order (FA8806-14-F-0001) on the GSA Alliant Small Business Government wide Acquisition Contract.  This modification authorizes the effort required to design, procure, install, integrate, test, and deliver the Launch Sustainment System, Network Management System, and acquire initial operating spares.  Work will be performed at Patrick Air Force Base, Fla., and is expected to be completed by Sept. 30, 2017.  Fiscal 2012 other procurement funds in the amount of $10,965,757 are being obligated at time of award.  The Range and Network Division, Space and Missile Systems Center, Los Angeles Air Force Base, Calif., is the contracting activity.

NAVY

CASS Holdings LLC*, Oklahoma City, Okla., is being awarded a $34,000,000 not-to-exceed, indefinite-delivery/indefinite-quantity contract to refurbish the F71, F72, F73, and F78 AM2 matting packages in support of the Expeditionary Airfield Program.  This contract includes end frames, stamping/markings, end sheets, and locking bars.  Work will be performed in Oklahoma City, Okla., and is expected to be completed in December 2018.  Fiscal 2014 operation and maintenance, Navy contract funds in the amount of $549,371 are being obligated on this award, all of which will expire at the end of the current fiscal year.  This contract was competitively procured via an electronic request for proposals as a 100 percent small business set-aside; one proposal was received.  The Naval Air Warfare Center Aircraft Division, Lakehurst, N.J., is the contracting activity (N68335-14-D-0008).

Austal USA LLC, Mobile, Ala., was awarded an $8,247,342 modification to previously awarded contract (N00024-11-C-2301) on Nov. 27, 2013, to exercise an option for littoral combat ship (LCS) core class services.  Austal USA LLC will assess engineering and production challenges as well as evaluate the cost and schedule risks from affordability efforts to reduce LCS acquisition and lifecycle costs.  Work will be performed in Mobile, Ala. (60 percent), and Pittsfield, Mass. (40 percent), and is expected to be complete by November 2014.  Fiscal 2013 shipbuilding and conversion, Navy funds in the amount of $8,247,342 were obligated at time of award and will not expire at the end of the current fiscal year.  The Naval Sea Systems Command, Washington, D.C., is the contracting activity.

DEFENSE LOGISTICS AGENCY

C.R. Bard, Inc., Murray Hill, N.J., has been awarded a maximum $46,261,496 modification (P00007) exercising the second one-year option period on a one-year base contract (SPM2D0-11-D-0013) with seven one-year option periods for guaranteed access to inventory to ensure material availability and to provide medical/surgical surge, re-supply, and sustainment material.  This is a fixed-price with economic-price-adjustment, indefinite delivery/indefinite-quantity contract.  Location of performance is New Jersey with a Dec. 5, 2014 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal year 2014 medical funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.


Lion Vallen LTD Partnership doing business as LVI, Dayton, Ohio, has been awarded a maximum $20,000,000 fixed-price with economic-price-adjustment contract for third party logistics support providing warehousing, distribution, and logistics support to fulfill clothing and textile requirements.  This contract is a competitive acquisition, and 10 offers were received.  Locations of performance are Ohio and Georgia with a Dec. 1, 2016 performance completion date.  This is a three-year base contract with four one-year option periods.  Using military services are Army and federal civilian agencies.  Type of appropriation is fiscal 2014 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPM1C1-14-C-0002).

DL Management Services Joint Venture, Clover, S.C., has been awarded a maximum $11,381,864 firm-fixed-price contract for procurement of alongside aircraft refueling services.  This contract is a competitive acquisition, and two offers were received.  Locations of performance are South Carolina and Maryland with a Dec. 31, 2018 performance completion date.  Using military service is Navy.  Type of appropriation is fiscal 2014 defense working capital funds.  The contracting activity is the Defense Logistics Agency Energy, Fort Belvoir, Va., (SP0600-14-C-5405).

TRANSPORTATION COMMAND

CORRECTION:  The contract announced Nov. 27, 2013 did not have dollar value associated with it.  The correct version is below.

AAR Airlift Group, Inc., Palm Bay, Fla., is being awarded a $22,665,042 indefinite delivery/indefinite quantity, fixed-price with economic price adjustment contract for dedicated fixed wing services in the Central Africa Region (Uganda, Central Africa Republic, the Democratic Republic of Congo, and South Sudan).  Performance is from Dec. 28, 2013 to Oct. 27, 2015.  Funds will be obligated on individual task orders and are Army operations and maintenance funds.  This contract was a competitive acquisition, and four proposals were received.  The contracting activity is the U.S. Transportation Command Directorate of Acquisition, Scott Air Force Base, Ill., (HTC711-14-D-R026).


*Small Business

ASSISTANT LABOR SECRETARY MICHAELS MAKES STATEMENT ON SENTENCE IN GUNPOWDER PLANT EXPLOSION

FROM:  U.S. JUSTICE DEPARTMENT 
Statement by Assistant Secretary of Labor Dr. David Michaels 
on sentencing in fatal gunpowder plant explosion
Editor's Note: This re-issued News Statement clarifies the length of the sentences imposed in the case.

CONCORD, N.H. — Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels today issued the following statement regarding the sentencing of Craig Sanborn in Coös County Court in New Hampshire for manslaughter in connection with the May 2010 explosion at the Black Mag LLC plant, which killed employees Jesse Kennett and Don Kendall while they were manufacturing a gunpowder substitute. Sanborn, who was the company's president, managing member and primary owner, was sentenced to five to 10 years on two counts of manslaughter, to be served consecutively, for a total of 10 to 20 years, and assessed fines of $10,000:

"The disregard for safety cost two workers their lives, and this jury agreed that Craig Sanborn's actions were criminal.

"Sanborn recklessly ignored basic safety measures that would have protected their lives. His criminal conviction and sentence won't bring these men back to life, but it will keep him from putting workers' lives in peril. And it should drive home to employers this message: Worker safety can never be sacrificed for the benefit of production, and workers' lives are not — and must never be — considered part of the cost of doing business. We categorically reject the false choice between profits and safety.

"The Labor Department commends the Coös County Attorney's Office for its successful prosecution. We also appreciate the invaluable cooperation of the New Hampshire Department of Safety, specifically the Fire Marshal and the State Police, during our investigation."
# # #

Note: OSHA's investigation of the May 2010 explosion at Sanborn's Black Mag gunpowder plant in Colebrook, N.H., resulted in issuance of 16 willful and over 30 serious safety violation citations, along with a $1.2 million penalty to Black Mag. The citations and penalties were affirmed in an agreement that compelled Sanborn to surrender his ATF explosives manufacturing license and barred him from ever again employing workers in any explosives-related business enterprise.
State of New Hampshire v. Craig Michael Sanborn, Case No. 214-2012-CR-18 (Superior Court, Coös County)

FDA GUIDELINES FOR SELECTING SEA FOOD

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 

Fish and shellfish contain high quality protein and other essential nutrients and are an important part of a healthful diet.  In fact, a well-balanced diet that includes a variety of fish and shellfish can contribute to heart health and aid in children’s proper growth and development.  As with any type of food, however, it is important to handle seafood safely in order to reduce the risk of foodborne illness, often called “food poisoning.”  Follow these basic food safety tips for buying, preparing, and storing fish and shellfish — and you and your family can safely enjoy the fine taste and good nutrition of seafood.

Buy Right
Fresh Fish and Shrimp

Only buy fish that is refrigerated or displayed on a thick bed of fresh ice that is not melting (preferably in a case or under some type of cover).

Fish should smell fresh and mild, not fishy, sour, or ammonia-like.
A fish’s eyes should be clear and bulge a little.
Whole fish and fillets should have firm, shiny flesh and bright red gills free from milky slime.
The flesh should spring back when pressed.
Fish fillets should display no discoloration, darkening or drying around the edges.
Shrimp flesh should be translucent and shiny with little or no odor.
Some refrigerated seafood may have time/temperature indicators on their packaging, which show if the product has been stored at the proper temperature.  Always check the indicators when they are present and only buy the seafood if the indicator shows that the product is safe to eat.
Selecting Shellfish
Follow these general guidelines for safely selecting shellfish:

Look for the label: Look for tags on sacks or containers of live shellfish (in the shell) and labels on containers or packages of shucked shellfish.  These tags and labels contain specific information about the product, including the processor’s certification number.  This means that the shellfish were harvested and processed in accordance with national shellfish safety controls.

Discard Cracked/Broken Ones: Throw away clams, oysters, and mussels if their shells are cracked or broken.

Do a “Tap Test”: Live clams, oysters, and mussels will close up when the shell is tapped. If they don’t close when tapped, do not select them.

Check for Leg Movement: Live crabs and lobsters should show some leg movement. They spoil rapidly after death, so only live crabs and lobsters should be selected and prepared.


Frozen Seafood
Frozen seafood can spoil if the fish thaws during transport and is left at warm temperatures for too long.

Don’t buy frozen seafood if its package is open, torn, or crushed on the edges.
Avoid packages that are positioned above the “frost line” or top of the freezer case.

Avoid packages with signs of frost or ice crystals, which may mean the fish has been stored a long time or thawed and refrozen.

Store Properly
Put seafood on ice or in the refrigerator or freezer soon after buying it. If seafood will be used within 2 days after purchase, store it in the refrigerator. Otherwise, wrap it tightly in plastic, foil, or moisture-proof paper and store it in the freezer.

FEDERAL GRAND JURY INDICTS FORMER KKK LEADER IN CONNECTION TO CROSS BURNING IN ALABAMA

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, November 29, 2013
Former KKK Leader Indicted for Cross Burning in Alabama; Second KKK Member Indicted for Perjury

Steven Joshua Dinkle, former Exalted Cyclops of a chapter of the Ku Klux Klan (KKK) in Ozark, Ala., was arrested on Wednesday, Nov. 27, in Mississippi for burning a cross at the entrance to a predominantly African-American neighborhood and for obstructing the investigation into the offense.  Pamela Morris, Dinkle’s mother and the former secretary of the KKK chapter, was arrested on Nov. 21, 2013, for committing perjury before the grand jury investigating the cross burning.

Dinkle, 28, was charged in a five-count indictment returned by a federal grand jury in the Middle District of Alabama that was unsealed on Nov. 27.  The indictment charges him with one count of conspiracy to violate housing rights, one count of criminal interference with the right to fair housing, one count of using fire to commit a federal felony and two counts of obstruction of justice.

The indictment alleges that on May 8, 2009, Dinkle conspired with another person to burn a cross in an African-American neighborhood to threaten and intimidate residents of that neighborhood and thereby interfere with their federally protected housing rights.  Dinkle allegedly constructed a six-foot cross, wrapping jeans and a towel around it.  He and his co-conspirator drove the cross to an African-American community near Johntown Road in Ozark where Dinkle poured fuel on the cross, erected it in the ground and set it on fire.  The indictment further contends that Dinkle obstructed justice by lying to local investigators in 2009, and federal investigators in 2012.  Dinkle claimed he had withdrawn from the KKK months before the cross burning, provided a false alibi and denied knowing a person who was, in fact, his superior in the KKK.

The grand jury returned a separate indictment against Morris, 45, charging her with two counts of perjury.  The indictment alleges that Morris made multiple false statements to the grand jury investigating the cross burning when she denied her own involvement in the KKK and knowing that Dinkle was also involved.

If convicted, Dinkle could face a maximum statutory sentence of 10 years in prison and a $250,000 fine on the conspiracy and criminal-interference counts; sentence maximum of 10 years in prison for the use-of-fire; a maximum of 20 years in prison and a $250,000 fine for obstructing justice by making false statements to local investigators; and a maximum of five years in prison and a $250,000 fine for making false statements to the FBI.

If convicted, Morris could face a maximum statutory sentence of five years in prison and a $250,000 fine on each count of perjury.

This case is being investigated by the FBI, with the assistance of the Dale County Sheriff’s Office and the Ozark Police Department.  The case is being prosecuted by Assistant U.S. Attorney Jerusha T. Adams of the Middle District of Alabama and Trial Attorney Chiraag Bains of the Justice Department’s Civil Rights Division.

An indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty.

IN THE BEGINNING STS-88 CREATED THE SPACE STATION

FROM:  NASA 
On Dec. 6, 1998, the crew of space shuttle mission STS-88 began construction of the International Space Station, attaching the U.S.-built Unity node and the Russian-built Zarya module together in orbit. The crew carried a large-format IMAX® camera, used to take this image of Unity lifted out of Endeavour's payload bay to position it upright for connection to Zarya. Zarya, launched on Nov. 20, 1998, was the first piece of the International Space Station. Also known as the Functional Cargo Block (FGB), it would provide a nucleus of orientation control, communications and electrical power while the station waited for its other elements. Two weeks later, on Dec. 4, 1998, NASA's space shuttle Endeavour launched Unity, the first U.S. piece of the complex, during the STS-88 mission. Image Credit: NASA.

U.S. OFFICIAL'S REMARKS AT UN CONVENTION AGAINST CORRUPTION

FROM:  U.S. STATE DEPARTMENT 
Opening Statement at the UN Convention Against Corruption
Remarks
M. Brooke Darby
Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs
5th Conference of the States Parties
Panama City, Panama
November 25, 2013

Chairman, distinguished delegates, I would like to thank the Republic of Panama for the warm hospitality it has shown to the delegations gathered here for this Fifth Conference of States Parties to the UN Convention against Corruption. I would also like to thank President Martinelli for his inspiring words this morning, and I congratulate Panama on assuming the Presidency of the Conference.

In two weeks we will celebrate the tenth anniversary of the UN Convention against Corruption. Much has been accomplished, even since this Conference last met in Marrakech in 2011:

168 countries are now States Parties to the Convention.
The review mechanism has completed its third year of reviews.
25 countries have published not only their executive summaries, but also their self-assessment checklists and/or their final country reports.

The States Parties and Secretariat have collaborated with a wide range of other states, international organizations, civil society, and other partners in efforts to implement the Convention.

But there is more we can do. As we reflect on our accomplishments and celebrate the UNCAC’s 10th anniversary, let us also seize the opportunity we have here to build upon past progress and further our primary goal of implementing the Convention.

The Review Mechanism

The Review Mechanism has been a key focus of our endeavors over the past several years. The country reviews have promoted domestic coordination, provided information about our respective and collective implementation efforts, and helped identify potential areas for technical assistance. Nevertheless, as we approach the second round of reviews, it is critical to assess how we can improve the Mechanism in light of our experiences in the first round. While the second review cycle will not be launched until the Conference of States Parties in 2015, we look forward to a dialogue this week about possible ways to strengthen the Mechanism:

For example, the scope of the articles to be reviewed in the second cycle should be narrowed to allow for deeper examination of areas chosen for review, while making the Mechanism less burdensome overall to participating experts and the Secretariat.

We must better share the wealth of information collected from reviews, particularly regarding technical assistance needs.

We also can make the review process more inclusive and transparent, including by allowing private sector and civil society input into technical assistance discussions and related efforts.

Asset Recovery

As interest in asset recovery continues to increase, the Asset Recovery Working Group has proven to be a valuable venue for the exchange of good practices and for building trust. Drawing on that forum and work by initiatives such as the Arab Forum on Asset Recovery, the Lausanne Process, and Stolen Asset Recovery Initiative (StAR), the United States is introducing a resolution that highlights areas where we think we can do more.

The resolution’s goals include:

improving the early exchange of information, including by having our investigators work side-by-side to trace corruption proceeds;
encouraging strong domestic coordination;
encouraging consultation and proactive guidance before formal MLA requests are submitted; and
increasing participation in practitioner networks.
We can surmount barriers to asset recovery by undertaking proactive tracing searches in certain circumstances. We can recommit to supporting capacity building that is tailored and practice-based. As we each have different legal frameworks, we should make information about our respective asset recovery laws and procedures widely available, as through the practical guides the United States, the G8, and now the G20 are making available.

We should look for ways to make our legal frameworks more effective – such as by examining the benefits of approaches like non-conviction-based forfeiture.

Furthermore, the Asset Recovery Working Group should continue its good work and be tasked to provide recommendations regarding the scope of the Chapter V articles to be reviewed in the second cycle.

Prevention

Prevention also deserves our attention. The Prevention Chapter is rich, covering a broad array of topics and practices. We have identified some excellent ideas for implementation during our discussions in the Prevention Working Group. We should ensure the Conference continues these expert exchanges, while at the same time tasking the experts to consider how we may most effectively review the broad technical range of this chapter during the second round.

Civil Society

I also want to stress the important role of civil society in preventing and combating corruption, including by raising public awareness and helping keep governments accountable –the foundation of Article 13 of the Convention. This Conference always anticipated that civil society would play a contributing role in the important deliberations of this body and the various Working Groups and subsidiary bodies. All States Parties should pledge to embrace this supporting role.

International Cooperation

Finally, we still need to find ways to maximize efficiency and synergies in international cooperation. We continue to believe that we should discuss international cooperation via UNCAC through the ongoing work of the UN Convention against Transnational Organized Crime’s Working Group on International Cooperation, particularly given that the international cooperation provisions in these conventions are almost identical.

In conclusion, the United States believes that our collective efforts over the past several years have been fruitful in advancing our ultimate goal of implementing the Convention and that even more can be accomplished working in partnership. We look forward to working together over the course of this week and beyond to find ways to improve the effectiveness of our collective efforts.

Thank you.

FDA CONSUMER SAFETY ALERT REGARDING INTERNET SALES OF LASER PRODUCTS

FROM:  U.S. FOOD AND DRUG ADMINISTRATION
Radiation-Emitting Products
Consumer Safety Alert: Internet Sales of Laser Products

The Food and Drug Administration (FDA) is aware that some laser products being sold on the internet may not meet federal safety requirements and should not be available for purchase by the general public. In some cases, these products are overpowered and may be unsafe if not used responsibly. In other cases, these products are intended for use only by licensed medical professionals, trained operators, or other approved users.

FDA’s Concerns

FDA is concerned about recent reports of laser products directed at aircraft—a potentially hazardous situation. The agency is particularly concerned about the increased availability of overpowered green laser pointers. Overpowered green laser pointers are those that may have been modified to emit more radiation than the manufacturer’s original product.

What FDA Can Do

FDA’s authority is over the manufacturers of laser products. These products must meet a federal standard for the amount of radiation they can emit and must be properly labeled. FDA is working to identify manufacturers of overpowered green laser pointers and other illegal laser products and will take action to prevent unsafe products from being sold in the United States. If illegal products are imported into the U.S., they may be refused entry, returned to the seller, or destroyed.

Buyer Beware

FDA recommends that consumers be cautious when buying laser products over the internet. Consumers may unknowingly purchase an illegal laser product or may lose their money if the illegal product is refused entry into the U.S. or destroyed.

Consumers should be aware that:

Medical lasers may only be sold to licensed medical practitioners.
Class IIIb and class IV laser light show projectors, identified as such on the label, may only be sold by or to individuals or firms with current, approved laser light show variances from FDA. Laser products that are advertised as uncertified components may only be sold to other manufacturers and may not be sold to the public for general use.
Laser products should have certification and identification labels stating the product complies with the federal laser standard.

Complies with 21 CFR 1040.10 and 1040.11
Complies with 21 CFR Chapter 1, Subchapter J
Manufactured or distributed by...
Date of Manufacture
Products should have a warning label advising the user to avoid exposure to the laser radiation.  Consumers who can not verify the above, or do not understand what it means, probably should not sell or purchase the products.

DEPUTY SECRETARY OF LABOR'S BLOG ON LABOR RIGHTS DIALOGUE IN THE AMERICAS

FROM:  U.S. LABOR DEPARTMENT 
Labor Rights Dialogue in the Americas
by SETH HARRIS on NOVEMBER 26, 2013 

Just this month, at a meeting of the Organization of American States, Secretary of State John Kerry discussed the need to redefine the U.S. relationship with our hemispheric neighbors. This new era, Secretary Kerry said, will require us to make decisions together “as partners to advance the values and the interests that we share.” Two weeks ago, at the Inter-American Conference of Ministers of Labor (the labor component of the OAS) in Medellin, Colombia, I saw this new era of shared responsibility and values-based partnerships in action.
Labor ministers and deputy ministers from across the Americas and the Caribbean discussed some of our region’s most important labor issues – workers’ rights to organize and bargain collectively, the relationship between economic growth and job creation, income inequality, social protections and social dialogue, youth unemployment, and others. A great deal of work remains to be done to ensure workers a fair share of our region’s prosperity and expanding trade.  Many countries need stronger labor inspectorates and more aggressive implementation of existing labor laws. Others need law reform to meet international labor standards.  I was heartened that workers’ rights and employment are leading issues for the countries that attended the IACML. Nonetheless, the United States must remain engaged and continue to lead if there is to be a leveling up of labor standards among our trading partners and neighbors.

The wave of joblessness caused by the Great Recession significantly increased risks for working families across this hemisphere. And the recovery from the recession has been uneven.  Unemployment remains unacceptably high in some regions and among certain populations, including younger workers, workers with disabilities, indigenous peoples, and racial minorities.  The United States has aggressively advocated for macroeconomic policies across the world that are principally focused on promoting job creation. But merely creating more jobs is not enough.  New jobs must be decent jobs that deliver a fair income, voice and security in the workplace, social protection, opportunities for social integration, and equality of opportunity. Stable, sustainable jobs like these will expand growth in local and national economies.  Jobs that shift unacceptable levels of risk onto workers will not.

Among the greatest threats to decent jobs in our region is precarious work. Precarious work denies millions of workers – domestic workers, migrant workers, part-time workers, temporary workers, other workers in the informal sector – workplace benefits, employment security, and legal protections. In the United States, we often speak of workers being paid “under the table,” including employees who are misclassified as “independent contractors” and, as a result, do not benefit from unemployment insurance, workers’ compensation, and minimum wage and overtime protections, among other things.  In other words, workers bear essentially all workplace risks, and employers assume none.

Our partners in the Americas and the Caribbean generally agree on the need for effective standards to protect workers and help move them from the informal sector to more stable employment. I emphasized in my remarks at the IACML that agreement is just the beginning. We must not allow a permanent – and growing – division of our workforces into one group of well-protected workers in the formal economy and a second, expanding group of workers who do not receive basic protections and benefits because they toil in an informal sector. I challenged our hemispheric partners to meet the conditions of the IACML Declaration relating to precarious work before our next meeting in two years.

During my remarks, I also highlighted the need for effective unemployment insurance systems as one form of social protection against recessions and narrower economic downturns. Unemployment insurance systems do not benefit only the workers who receive payments. Unemployed workers use their benefits to pay bills, buy groceries, and otherwise support their families. Certainly, these funds provide a measure of security for the millions of working families in the U.S. who receive them. And without them, some unemployed workers in the Americas and the Caribbean are forced into precarious work because they must find some way to support their families after losing a job. But unemployment benefits also ensure continued consumer spending where it would otherwise be absent at a time when national economies need it most. Seventy percent of the American economy is built on consumer spending, and the economies of many of our neighbors operate similarly. Unemployment insurance systems can act as automatic stabilizers during economic downturns. I urged our neighbors to work with us to establish unemployment insurance systems in their countries. I am delighted to report that Mexico is about to create its first national UI system, and we have had discussions with other countries in the region about following suit.

In addition to the formal conference, the IACML offered opportunities to engage in bilateral meetings with selected partners in the region. In 2011, President Obama and Colombian President Juan Manuel Santos signed the Colombian Action Plan Related to Labor Rights associated with the U.S.-Colombia Trade Promotion Agreement. Ever since, the Labor Department’s Bureau of International Labor Affairs has been working closely with the Colombian government to implement the Action Plan. Recognizing some of the advances Colombia has made in the last two years, but also acknowledging that there is a great deal more work to be done, I had a frank conversation with Colombian Labor Minister Rafael Pardo regarding the steps required to satisfy the Action Plan. Minister Pardo and I also agreed to continue meeting into 2014 in order to continue implementation of the Action Plan commitments.

At the end of the same week, I also participated in an International Forum on Employment and Social Security Public Policy hosted by the Mexican Labor Minister Alfonso Navarrete in Mexico City. I spoke on a panel about the importance of innovation in the U.S. skills training system as a driver for growth, and a necessity in a modern, developed economy. Corporations increasingly look to the availability of skilled labor – or at least, an infrastructure that can produce a pipeline of skilled workers – when making decisions about where to site new factories and other facilities. Skills training, driven by regional business needs and available job openings, is a necessity. President Obama has made innovative programs to create and expand these pipelines a key element of his economic agenda. Programs like the Labor Department’s Trade Adjustment and Community College Career Training grants and Workforce Innovation Fund, with their emphasis on partnerships with employers to identify the skills their businesses demand, can and should be models of innovative approaches to workforce development throughout the Americas and the Caribbean. The recently announced CareerConnect grants program, a joint project of the Labor and Education Departments, similarly seeks to bring employers and high schools together to ensure that graduates are ready to compete in 21st-century labor markets. We expect it will create a host of models worth emulating.

These trips to Medellin, Colombia, and Mexico City, Mexico, are part of an expanding effort in the Labor Department to engage aggressively with our partners, particularly our trading partners, to elevate labor standards around the world. No one conference or meeting will achieve our result. We made important progress at the IACML and the Mexico City forum, but U.S. engagement must remain focused, constant and values-based. Secretary Perez and I are committed to maintaining that effort throughout President Obama’s second term.

Seth D. Harris is the U.S. deputy secretary of labor.

La nouvelle vision de l’ESA pour étudier l’univers invisible

La nouvelle vision de l’ESA pour étudier l’univers invisible

SECRETARY OF STATE KERRY'S REMARKS ON WORLD AIDS DAY 2013

FROM:  U.S. STATE DEPARTMENT 
World AIDS Day 2013
Remarks
John Kerry
Secretary of State
Washington, DC
November 29, 2013

On World AIDS Day, we come together as a global community to honor the many lives we have lost, and to reaffirm our support for the millions of individuals and families who are still living with and affected by HIV/AIDS around the world.

On this day, we also gain strength by celebrating the important strides that we have taken over the past year, and recommit ourselves to the work still ahead to achieve an AIDS-free generation.

This year marks an extraordinary decade of progress. Ten years ago, when the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) was launched by President Bush and with strong bipartisan support of the U.S. Congress, an AIDS diagnosis was a virtual death sentence in much of Africa. The epidemic was threatening the very foundation of societies – creating millions of orphans, stalling economic development, and leaving countries stuck in poverty.

Today, landmark scientific advances, coupled with success in implementing effective programs have put an AIDS-free generation within sight. In sub-Saharan Africa, where the epidemic has hit the hardest, new HIV infections are down by nearly 40 percent since 2001, and AIDS-related mortality has declined by nearly one-third since 2005. This progress is thanks in large part to the unique efforts of and partnership between PEPFAR, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and host countries.

The United States is proud of its longstanding leadership role in these efforts. Through research, funding, direct support for HIV services, we have always led by example in this fight, and asked others to join us.

This June, in marking PEPFAR’s tenth anniversary, I was pleased to announce the one-millionth baby born HIV-free due to PEPFAR-supported prevention of mother-to-child transmission programs. I also was greatly encouraged to report that 13 countries (including 11 in sub-Saharan Africa) have now reached the programmatic “tipping point” in their AIDS epidemic – the point where the annual increase in adults on treatment is greater than the number of annual new adult HIV infections.

And in September, I was honored to host a session with top African leaders and senior global health stakeholders to launch the innovative concept of PEPFAR Country Health Partnerships with South Africa, Rwanda, and Namibia, which will further our efforts to advance country ownership and strengthen sustainability. These successes were further amplified by the U.S. Congress’ bi-partisan and bi-cameral effort in the passage of the PEPFAR Stewardship and Oversight Act on November 19.

The Act reaffirms the United States’ continued commitment to this historic health program and to the fight against global AIDS.

Achieving an AIDS-free generation is a shared responsibility. Partnerships with host government, civil society, the faith community, the private sector, and multilateral organizations are vital to a robust and sustained global AIDS response.

On this World AIDS Day, as we reflect on the extraordinary progress we have made together, it is important to remember that our work is far from finished.

With a sustained focus on strengthened results and shared responsibility, I know that we can get there

COURT ORDERS MAN TO PAY NFA $1.5 MILLION FOR MISREPRESENTATIONS AND SOLICITATION FRAUD

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION 
November 27, 2013

Federal Court in California Orders James D. Crombie to Pay over $1.5 Million for Misrepresentations to the National Futures Association and for Solicitation Fraud

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) obtained a federal court Order against defendant James D. Crombie of Virginia, requiring him to pay $789,540.47 in restitution to defrauded customers and a civil monetary penalty of $750,000. Crombie’s fraudulent scheme involved making false statements and providing false documents to the National Futures Association (NFA) and fraudulently soliciting funds for his former company, Paron Capital Management, LLC (Paron). The Order also imposes permanent trading and registration bans against Crombie and prohibits him from violating the Commodity Exchange Act, as charged.

The Order, entered on November 21, 2013 by the Honorable Claudia Wilken of the U.S. District Court for the Northern District of California, stems from a CFTC Complaint filed against Crombie and Paron on September 15, 2011 (see CFTC Press Release 6112-11). On September 5, 2012, the court entered a consent Order of permanent injunction against Crombie’s former company, Paron; that Order imposed no monetary penalties against Paron and noted its cooperation with the CFTC’s investigation.

The November 21, 2013 Order against Crombie incorporated the findings of fact and conclusions of law set forth in the court’s July 26, 2013 partial grant of the CFTC’s motion for summary judgment against Crombie, in which the court found that Crombie willfully provided false documents to the NFA and lied to the NFA during the course of a subsequent investigation of Paron. The court also found on summary judgment that Crombie caused Paron to use fraudulent promotional materials in order to solicit clients to trade commodity futures.

The CFTC appreciates the cooperation and assistance of the NFA in this matter.

The CFTC Division of Enforcement staff members responsible for this case are Jonathan Robell, Danielle Karst, John Einstman, Dmitriy Vilenskiy, Joan Manley, and Paul Hayeck.

FDA ON REVIEW AND SAFETY OF CELL PHONES

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 

Cell Phones

Under the law, FDA does not review the safety of radiation-emitting consumer products such as cell phones and similar wireless devices before they can be sold, as it does with new drugs or medical devices. However, FDA does have the authority to take action if cell phones are shown to emit radiofrequency energy (RF) at a level that is hazardous to the user. In such a case, FDA could require cell phone manufacturers to notify users of the health hazard and to repair, replace or recall the phones so that the hazard no longer exists.

Interagency Working Group

FDA belongs to the Radiofrequency Interagency Work Group. The federal agencies in this group have responsibility for different aspects of RF safety and work to ensure coordinated efforts at the federal level. The other agencies in this group are:

National Institute for Occupational Safety and Health
Environmental Protection Agency
Federal Communications Commission
Occupational Safety and Health Administration
National Telecommunications and Information Administration
Federal Communications Commission
FDA shares regulatory responsibilities for cell phones with the Federal Communications Commission (FCC). FCC certifies wireless devices, and all phones that are sold in the United States must comply with FCC guidelines on RF exposure. FCC relies on the FDA and other health agencies on health and safety related questions about cell phones.

FCC also regulates cell phone base stations. These base stations operate at higher power than cell phones. The RF exposures people experience from base stations are typically much lower than from cell phones because base station antennas are mounted on towers or other building structures and are thus substantially farther away from the public. Both cell phones and base stations are required to comply with FCC RF exposure guidelines.

International Workgroup

For the past several years, delegations from Japan, Korea, the European Union, Australia, China, the World Health Organization, and the United States have met to discuss health concerns for wireless telecommunications. The purpose of these workshops has been to discuss scientific issues related to RF exposure from wireless communications technology from an international perspective. Specific topics addressed have included:

health effects of emerging wireless technologies
recent biological research
standards development
prospects for international collaboration related to the safety of wireless telecommunication devices.

ASSISTANT LABOR SECRETARY'S STATEMENT ON CRIMINAL SENTENCE IN FATAL GUNPOWDER PLANT EXPLOSION

FROM:  U.S. LABOR DEPARTMENT 
Statement by Assistant Secretary of Labor Dr. David Michaels 
on sentencing in fatal gunpowder plant explosion

Editor's Note: This re-issued News Statement clarifies the length of the sentences imposed in the case.

CONCORD, N.H. — Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels today issued the following statement regarding the sentencing of Craig Sanborn in Coös County Court in New Hampshire for manslaughter in connection with the May 2010 explosion at the Black Mag LLC plant, which killed employees Jesse Kennett and Don Kendall while they were manufacturing a gunpowder substitute. Sanborn, who was the company's president, managing member and primary owner, was sentenced to five to 10 years on two counts of manslaughter, to be served consecutively, for a total of 10 to 20 years, and assessed fines of $10,000:

"The disregard for safety cost two workers their lives, and this jury agreed that Craig Sanborn's actions were criminal.

"Sanborn recklessly ignored basic safety measures that would have protected their lives. His criminal conviction and sentence won't bring these men back to life, but it will keep him from putting workers' lives in peril. And it should drive home to employers this message: Worker safety can never be sacrificed for the benefit of production, and workers' lives are not — and must never be — considered part of the cost of doing business. We categorically reject the false choice between profits and safety.

"The Labor Department commends the Coös County Attorney's Office for its successful prosecution. We also appreciate the invaluable cooperation of the New Hampshire Department of Safety, specifically the Fire Marshal and the State Police, during our investigation."

# # #

Note: OSHA's investigation of the May 2010 explosion at Sanborn's Black Mag gunpowder plant in Colebrook, N.H., resulted in issuance of 16 willful and over 30 serious safety violation citations, along with a $1.2 million penalty to Black Mag. The citations and penalties were affirmed in an agreement that compelled Sanborn to surrender his ATF explosives manufacturing license and barred him from ever again employing workers in any explosives-related business enterprise.
State of New Hampshire v. Craig Michael Sanborn, Case No. 214-2012-CR-18 (Superior Court, Coös County)

U.S. MILITARY CELEBRATES THANKSGIVING DAY

FROM:  U.S. DEFENSE DEPARTMENT
The East Coast Marine Corps Combined Band marches in Macy's Thanksgiving Day Parade in New York, Nov. 28, 2013. The band includes 80 instrumentalists from the Marine Corps' three largest East Coast installations; Marine Corps Base Quantico, Va., Camp Lejeune, N.C., and Marine Corps Air Station Cherry Point, N.C. U.S. Army photo by Sgt. A.J. Rasure -

"Gobbles," the prize winning turkey, sits on display at the 3rd Infantry Division's 2nd Armored Brigade Combat Team's dining facility on Fort Stewart, Ga., Nov. 27, 2013. Chefs created the turkey from various types of chips and other snack foods. U.S. Army photo by Sgt. Richard Wrigle.