FROM: U.S. STATE DEPARTMENT
Remarks at the Partnership Symposium of The Global Fund's Fourth Replenishment Conference
Remarks
John Kerry
Secretary of State
Willard Hotel
Washington, DC
December 2, 2013
SECRETARY KERRY: Thank you very much. Thank you. Dr. Mboi, thank you very, very much for a very generous introduction. Thank you for your leadership, and thank you for traveling from so far to be here. And I know you haven’t adjusted yet. I asked her if she’d adjusted to the time difference, and she didn’t even answer, she was so stunned. (Laughter.)
It’s a pleasure to be here with so many leaders and activists from around the world, literally, and to share the stage with such a distinguished panel. It’s an honor for me to be here. When the folks at the Fund were looking for somebody to come and keynote this, they said they wanted somebody who would dazzle you with their speech and overcome all obstacles with their charm. And unfortunately, Elton John was not available – (laughter) – so here I am.
I want to thank Dr. Mark Dybul for bringing us all together. I have known Mark for a number of years now, and I think from the introduction you just heard from Minister Mboi, you understand that I am not – while I’m new as Secretary, I am not new to this issue or new to this effort because of my privilege of being on the Foreign Relations Committee and leading the charge on this back in the early 1990s. I’ve worked with Mark on the reauthorization of the U.S. President’s Emergency Plan for AIDS Relief in 2008, and Mark was a voice of clarity and conviction at a time when we really needed it and during that debate, and he’s brought those same qualities to the stewardship of the Fund, and I think all of you know that.
I also want to recognize Deb von Zinkernagel, as well as our – she’s our Acting Global AIDS Coordinator at the State Department, and John Monahan, who is our Special Representative to the Global Fund Replenishment and has done just a superb job of corralling and working. And I am very privileged to have such a competent team and so many people dedicated to this. I thank them for their work, as I thank all of you for your work.
Without any question, this decade really marks an amazing period of progress. I don’t think any of us would’ve quite foreseen it when we started tackling this back in the early 1990s and even in the late ’80s. I personally will never forget a few years ago, traveling with my wife Teresa to Umgeni Primary School in Durban, South Africa. And I really was moved. I was stunned, really, by the forced adulthood that so many young kids have assumed and lost their childhood in an effort to care for younger siblings. It’s quite remarkable. Our hearts really broke as we saw these orphans and watched these kids who had taken over, even taking care of their grandparents. We saw firsthand the courage of many single mothers who were scratching out an existence – subsistence, literally – in mud huts, their husbands lost to horrific disease and themselves infected and coughing and weak and struggling to be able to worry about their kids.
The fight against HIV/AIDS is the challenge of our generation in many ways, one of the principal challenges of our generation, certainly. And it is an enduring challenge, but thanks to landmark scientific advances and the grit and determination of many of you here in this room, we actually have put an AIDS-free generation within sight. That is a remarkable accomplishment, and everybody should feel good about their efforts. (Applause.)
It’s really a stunning story that speaks to the extraordinary progress that we’ve been able to make together in our global health efforts. It’s also a story about how the world came together to support a 40-fold increase in people receiving lifesaving anti-retroviral treatment during the past decade alone. It’s a story about how the global target of a 50 percent reduction in TB-related deaths by 2015 is now actually within reach. It’s a story about cutting malaria so dramatically in some regions that infant mortality has dropped by a third.
Since its inception, the Global Fund has been a vital partner in the fight against these three diseases. And I’m not chauvinistic when I say to you that we feel a certain pride, as I think all of you do. The United States is proud to be the Global Fund’s largest donor. And that’s why Republicans and Democrats alike, in one of those rare moments around here, have come together across two administrations and continued their broad bipartisan support for this Fund. That in itself is pretty improbable when I think back to the attitudes that we faced in the late ’80s and early 1990s. And that is precisely why we are challenging others to step up their commitments and make this replenishment cycle a huge success.
We’re very, very grateful for the major increases from our partners in the United Kingdom, the European Commission, Canada, Sweden, Norway, Japan, and the Netherlands, and we recognize the very strong support from France and Germany, among others. As the President said earlier today, the Administration will commit to seeking appropriations from Congress matching $1 for every $2 contributed by other countries over the next three years. And the Global Fund has obviously made unbelievable strides over the course of these past years because of this kind of support that is being given. No other international organization has undergone such profound changes in its business model, its management team, and the financial systems that have swept through the Global Fund over the course of this last decade.
Now, it’s important to underscore the reforms are not cosmetic. They are real. They’re tangible. And they are going to help save more lives, there’s no question. But we have to ask ourselves as we gather at this replenishment conference, where do we go from here? Where should we go from here? How can we build on the success and marshal the global effort that we need to defeat – not just stop or stem the tide of, but defeat – these devastating epidemics once and for all?
So let me start with HIV/AIDS. As I mentioned to you earlier, this is a fight that I have been privileged to be part of from the earliest days when Bill Frist and I were asked by CSIS to become the co-chairs of a task force which was then trying to learn more about it, literally examining what are the possibilities, what should we do about this in Congress, what can we do in the context of a legislative initiative. And so we ultimately came back and Senator Frist and I worked together on this comprehensive HIV/AIDS bill, which ultimately, believe it or not – and we were even surprised a little bit – we managed to get Jesse Helms to support, then the Chair of the Foreign Relations Committee. We passed it unanimously in the United States Senate. And I’m proud to say that that became the foundation of the PEPFAR program within a short period of time.
In September of this year, I hosted a session with top African leaders and stakeholders in order to launch the innovative concept of PEPFAR Country Health Partnerships, which try to bring this down to a grassroots-managed sustainable concept. Now more than a decade after PEPFAR was launched, Congress happily has reaffirmed the United States commitment to this historic health program and to fight against global AIDS by passing the PEPFAR Stewardship and Oversight Act. And just this afternoon, the President reminded us of his readiness to sign that bill into law.
Today, thanks to our collective investments, it is not an exaggeration to say that we are on the cusp of a really remarkable victory, the possibility of an AIDS-free generation. Now as President Obama announced earlier today, the United States is now supporting 6.7 million people on anti-retroviral treatment through PEPFAR. That is a four-fold increase since the beginning of this Administration. We’ve also reached 1.6 million HIV-positive pregnant women in order to prevent transmission to their babies. That’s also an accomplishment that we could’ve only dreamed of 10 years ago. If somebody had suggested that we were going to do that 10 years ago, they’d have thought you really didn’t understand the nature of this challenge and the crisis that we were up against.
With all of the work that has been done, with all of the hope that I think brings you all here today and tomorrow, now would be exactly the wrong time to pull back from what we have achieved. We need to move forward together, and we need to make sure that there are several principles that should guide us as we do so.
First, we need to continue to make strategic investments that are based on the latest science and the best practices. In tight budget environments in almost every one of our capitals, every dollar, every yen, pound, euro, all of them, are going to be competed for in a zero-sum game, and it’s going to be imperative that we come in and show people how we are producing and what we are getting for the value of that currency. That’s why we need to continue setting benchmarks for outcomes and put our weight behind HIV prevention. It doesn’t do you any good to simply be treating and treating and treating if all you’re doing is feeding an endless cycle and an endless supply of people to be treated. We have to begin to put in practices that stem that tide. And treatment and care interventions that work can make an enormous difference in creating the culture that can begin to do that.
Second, we need to focus on the impact of HIV/AIDS, the singular impact, on women and girls. We know that HIV remains the leading cause of disease and death for women of reproductive age in low and middle-income countries. We also know that women and girls represent nearly 60 percent of people living with HIV in sub-Saharan Africa. That has to change.
And finally, the United States and Global Fund have to work with partners across the board – public and private – in order to improve the effectiveness of antiretroviral drugs and pool the procurement of those drugs in order to drive down the costs.
Now, we also have to answer another crucial question: Are investments in global health something that we can actually afford? Well, I’d reverse that question. I’ve heard that, frankly, from some members of Congress and others as we get involved in this zero-sum competition that is driving so many governments in the world today. But the truth is, in an interconnected world, where drug-resistant tuberculosis could be on the next plane landing at Dulles, or Johannesburg, or London, the answer – emphatically – is we can’t afford not to invest in these programs that stem the spread of this kind of infectious disease. (Applause.)
TB is curable, and make no mistake: With the right effort and the right focus, the right energy, we can eliminate it. But for that to happen, we need an innovative plan, a plan of attack for addressing the alarming increase in multidrug-resistant TB. We also need to develop new and more effective drugs and diagnostics. And we need to work together in order to prevent tuberculosis-related deaths by focusing on HIV/TB co-infections. Happily, the Global Fund is the largest funder of TB programs in developing countries, and it is an absolutely vital pillar in the global plan to be able to stop TB in its tracks.
So clearly, our fight against TB and HIV/AIDS as I’ve just described to you is far from over. The fact is the same is true for malaria, and in malaria we actually face many new challenges. This is an improbable place to come and give a climate speech, but climate is having a profound impact on the movement of malaria. As our climate warms and as mosquitoes extend their range, which is what is happening, we see malaria surging in areas that have hardly ever seen it before, like the Kenyan Highlands.
Now, we’ve started to make some important progress in some areas. The President’s Malaria Initiative has expanded prevention and treatment for those most vulnerable to the disease, especially children under the age of five and pregnant women. And our financial and technical contributions are major drivers to reducing the burden of malaria on child mortality in many, many countries. The Global Fund is already playing a vital role in this effort.
So together, my friends, we are contributing and distributing tons – I mean literally. Actually, that’s a bad way to describe it. It’s tens of millions, tens of millions of mosquito nets and millions of doses of anti-malarial drugs in order to get them to those who need them the most. If we double down on our global efforts now, believe me, we have the ability to beat this disease, too.
So those are the stakes. This is our world. And the true measure of our success is not going to be what happens here in Washington. It’s going to be what happens in capitals from Maputo to Monrovia, from Kigali to Kabul. That’s where the difference will be made, and that’s why our partnership matters.
The partnership really comes directly from the board of the Fund to the hard work of governments represented here, civil society, faith leaders, and communities who are touching and healing the people who need our help. And that’s why the Global Fund and this year’s replenishment cycle are so absolutely vital.
I really do have faith that we can get this right. But faith alone is not going to get us there. It’s not enough to simply hope or believe that we can defeat these three epidemics. We have to go out and do it. We – all of us – have to take actions in order to make it happen, knowing that we have the power to make it happen. And let me tell you, no one country, no one program, is going to stop AIDS or TB or malaria on its own, and I think every one of you knows it. That’s why the Fund is so critical. That’s why the partnership is so critical. That’s why coming together for a conference like this to dedicate ourselves and to focus our energies is so critical.
Our mission is clear and the need is great, and the time for action is now. And we’ve proven what we’re able to achieve over these last years. It would be almost criminally negligent to turn our backs on the knowledge we have gained, the capacity we have built, and not go out and try to complete the task. That’s the challenge for every partner in this room. And our success demands that we work together in order to try to achieve it.
Thank you all for being here. God bless everybody for their efforts in this. Let’s get the job done. Thank you. (Applause.)
Tuesday, December 3, 2013
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.
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.
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.
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.
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.
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.
Monday, December 2, 2013
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.)
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
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)
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.
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.
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.
Sunday, December 1, 2013
IN THE BEGINNING STS-88 CREATED THE SPACE STATION
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.
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.
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.
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.
Saturday, November 30, 2013
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
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.
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.
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)
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)
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