PEOPLE CARE HOLDINGS INC., REACHES $10 MILLION SETTLEMENT WITH LABOR DEPT. IN EMPLOYEE STOCK OWNERSHIP CASE

FROM:  DEPARTMENT OF LABOR 

$10M settlement reached with People Care and US Labor Department
Agreement includes more than $9M to employee stock ownership plan

WASHINGTON — The U.S. Department of Labor today announced a $10 million settlement agreement with People Care Holdings Inc. and former owners Bruce Jacobson and Jerry Lewkowitz, who sold the company to their employees through creation of an employee stock ownership plan. The department contended that they violated the Employee Retirement Income Security Act by permitting the ESOP to purchase People Care stock from them for more than its fair market value.
An investigation by the Employee Benefits Security Administration's New York Regional Office found Jacobson, Lewkowitz and People Care breached their fiduciary duties by failing to correct unrealistically optimistic projections of People Care's future earnings and profitability, even after People Care lost a key municipal contract. The investigation also found that the stock purchase agreement's indemnification provision was invalid because it would require People Care, which is entirely owned by the ESOP, to pay any costs incurred by Jacobson and Lewkowitz in connection with an investigation or litigation.
"Owners who sell their companies to their employees and benefit from ESOP tax treatments are responsible for ensuring that the terms are fair to the plan and its participants," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "They have a duty to monitor the independent trustees that they appoint to oversee the transaction."

Under the terms of the settlement agreement, Jacobson and Lewkowitz will pay $9,090,910 to the ESOP and a civil penalty of $909,090.

People Care is a home-care agency, based in Manhattan, that provides caregiving services, such as meal preparation, laundry, shopping, housekeeping, companionship and medication assistance. Its ESOP has approximately 4,655 ERISA-covered plan participants. It has facilities in New York and New Jersey.

VOG OVER THE PACIFIC

FROM:  NASA 
Volcanic Smog and Sunglint in the Vanuatu Archipelago

The Vanuatu Archipelago is a collection of volcanic islands about 1,800 kilometers (1,100 miles) northeast of Australia. Two of the islands, Gaua and Ambrym, frequently vent sulfurous gases.

On Jan. 7, 2014 NASA's Aqua satellite passed over Vanuatu, allowing the Moderate Resolution Imaging Spectroradiometer (MODIS) aboard to capture this true-color image. A broad plume of volcanic vog and ash rises from Ambrym and spreads across the South Pacific. Vog is a combination of “volcanic” and “smog”, and is formed when gases from a volcano react with sunlight, oxygen and moisture.
The vog appears as a light blue-gray plume which arcs from the volcanic island both to the northwest and to the northeast. In the northeast, the vog crosses a mirror-like swath of silver-gray which runs from north to south. That swath is not volcanic in origin, but is an artifact called “sunglint” – the reflection of the sun off the ocean in a satellite image.  Image Credit-NASA-Jeff Schmaltz-MODIS Rapid Response Team

SECRETARY KERRY TAKES QUESTIONS AT GENEVA II

FROM:  STATE DEPARTMENT 
Solo Press Availability at the Geneva II International Conference on Syria
Press Availability
John Kerry
Secretary of State
Montreux, Switzerland
January 22, 2014

SECRETARY KERRY: Well, good evening, everybody, and thank you for your patience. We appreciate the opportunity to be able to share a few thoughts with you after the events of the day.

Obviously, for three years now the world has been witnessing civilians and refugees by increasing numbers who are enduring unspeakable suffering and continued violence. Today, both sides sat in the same room for the first time since the war began. And as all of you know, this has not been an easy road to bring people together; the hurdles have been enormous; government resistance, opposition resistance, different factions, different groups; a real tug-of-war, so to speak, within the war. But finally, the global community, through the force of the Geneva I communique, and through the force of the diplomacy and insistence on the political solution being the only viable long term solution, finally people came together.

No one should doubt, no one’s trying to gloss this over, that this is the beginning of a tough and complicated process. But the truth is that today, I think what leapt out from more than 40 countries and organizations in articulate, well- thought-out presentations, from more ministers than I have seen assembled in one room at any time other than at the United Nations itself, a very significant gathering of ministers who took the time to come – and all suggest together how this must end: that it has to have an inclusive Syria where every citizen can live in dignity, led by a government that the people of Syria empower with their consent.

So the fact that 40 countries and organizations came here from near and far – from Asia, from South Central Asia, from Europe, from America, from the North American continent, from Latin America, from Africa, north and south – all came united in support of the Syrian people, in support of their hopes for the future of Syria, and in support of the Geneva communique which does one thing that is of great significance: It recognizes that a political transition is the only way to go and that the political transition required under Geneva I is a transition government with full executive authority by mutual consent. Every entity here today with one exception talked about that and embraced the Geneva I communique.

It is significant that all of the other countries but that one came here to endorse the Geneva I communique understanding from the outset that the invitation sent by Secretary General Ban Ki-moon made it clear that was the purpose of gathering here today, and that is the purpose of the negotiations that will begin day after tomorrow in Geneva.

Now, I believe that this gathering today, which we all know is only a beginning and we have said so from the start, actually created a moment of special focus on the nature of this tragic conflict. Today, people can more clearly understand how alone Assad is in standing up for himself, not for Syria. And the resolution to this crisis cannot be about one man’s insistence or one family’s insistence about clinging to power. This needs to be about empowering all of the Syrian people.

The international community expressed a united vision for Syria that respects its citizens and that protects the rights of every group, every sect, every faith – pluralism: where all people are represented without discrimination; a nation in which all Syrians can peacefully confront their government without fear of retribution, without fear of imprisonment, without fear of death; a Syria that works closely with its neighbors, but also can exist peacefully as a sovereign, independent, and democratic state. These are the Syrian people’s hopes for the future of their country, and we support them.

Now let me emphasize, as I said earlier in my comments today, what happened in Syria began in the wake of a transformation that began to break out throughout the Middle East, throughout the Maghreb and the Middle East. And everybody knows the events that began in Libya and in Tunisia and Egypt. Eventually, young people in Syria stood up for change and some young kids with graffiti cans were arrested. When their parents came out to protest the arrest of their young children, 120 of them were killed.

That’s the beginning of this. Not a religious revolution, not terrorists. No terrorists were there then. This was people looking for change peacefully in their country, and they were met by bullets and violence and death.

It’s no secret that getting to where we are now has, as I said, been difficult, and peace and stability will not arrive overnight. But it’s important that this process is now in place. It is important that the government and the opposition will sit down over these next days. And we don’t expect a sudden breakthrough. What we do expect is a crystalizing of the difference: who stands for what, who’s really fighting for what, whose arguments are based on truth, whose arguments are based on facts. And this is what all of you will have an opportunity to be able to measure and to judge in the days to come.

Let me reiterate what the United States, the Syrian opposition, and many others said this morning: No one should think for a moment that in the future of Syria there can be a place for a man who has turned on his own people, permitted the death of 130,000 through many of them by his choice of weapons and others by his choice of their mission, because some of those deaths are obviously soldiers.

But the fact is that innocent students and doctors have been killed by Scud missiles. Those aren’t terrorists. Those are the people of Syria trying to serve the people of Syria, or trying to have a future by going to school in Syria. And they’ve been killed by those Scud missiles, children in a schoolyard, death by napalm. You’ve all reported on it. You’ve seen it. Gassed not once but many times, but once so egregious and so provable that it was sufficient to bring to the international community and to actually get a regime that one day earlier denied they even had the weapons, the next day they were ready to move the weapons out of Syria. What kind of credibility is there left in that?

This is a regime backed by Iran and by a terrorist organization that has crossed over from Lebanon into Syria into order to fight. There is no one who has done more to make Syria a magnet for terrorists than Bashar al-Assad. He is the single greatest magnet for terrorism that there is in the region. And he has long since, because of his choice of weapons, because of what he has done, lost any legitimacy. Who can imagine that tomorrow or in a week or in a month you could suddenly say oh okay, it’s all right, you can lead Syria? I think everybody here understands, as we have come to understand, that people in the region who support the opposition will never stop because of what he has done and how he has done it. You cannot have peace, you cannot have stability, you cannot restore Syria, you cannot save Syria from disintegration as long as Bashar al-Assad remains in power.

So this is what is at stake here. And as we continue to pursue, we know that the latest charges are charges with photographs and documentation of mass torture with bodies with numbers on them and designations written on them. And the questions raised by this require an answer. I can’t tell you exactly what all of it is except that I know that they are people who have suffered egregious torture and death. The opposition today called for the United Nations to investigate these allegations, and we join with them in demanding that there be a thorough investigation of these charges.

Now, as we continue to pursue a political solution that will enable the Syrian people to realize the better future that they seek, we cannot over these next days turn a blind eye to the crisis that Syrians live with every single day. And that’s why the United States is proud to have contributed more than any other country to support refugees within Syria and the housing and shelter and education and safety of refugees in Lebanon, in Jordan, and elsewhere. The United States will continue to press for local ceasefires and we will work with the international community to press for increased humanitarian access to the hardest-hit areas. This is what human dignity at its most basic demands, and it is what security in the region and the fight against extremism requires.

We will keep pushing for improved humanitarian access and for the return of journalists and aid workers who are held hostage. And as we proceed toward a political transition, we will continue to demand an end to the regime’s Scud missiles, barrel bombs, and horrific weapons that have been used against civilians, including the weapon of starvation.

We are joined by the international community in calling for Assad to stop using these tactics, and today you heard a universal condemnation of Assad’s violent assaults and his use of starvation as a weapon of war, which is, by the way, a war crime. In the coming days, our team, including Ambassador Ford and his team, will travel to Geneva to support the more intensive discussions that will follow. And led by the UN, these talks will continue between the regime and the opposition. We all know the process ahead will be difficult, but what I would like on behalf of President Obama and the American people for the Syrian people to know is that we will continue to support the people of Syria, broadly spoken, every step of the way as they fight for freedom and for the dignity and stability and security and the future that they deserve.

I’d be happy to take a few questions. I think Jen will call on the questions.

MS. PSAKI: One at a time, please. The first question will be from Margaret Brennan of CBS News.

QUESTION: Thank you very much, Mr. Secretary. Diplomacy typically works when there’s a parallel pressure track. Should increased support to the armed opposition be a consequence if this round of diplomacy fails? And what assurances do you have that the Syrian opposition will still participate in this diplomacy given that today, the Syrian foreign minister blasted them and questioned the very premise of this conference and explicitly said that Assad’s exit is not an option? Does that surprise you?

SECRETARY KERRY: No. That was fully what we, frankly, expected. And opening positions are opening positions. Who knows where they decide to go as this goes on? But the bottom line is that the support for the opposition is already augmenting, it is growing, it is continuing from many different sources of support that exist for it, and I am confident that that will continue in the days ahead.

Now, there are still other possibilities of ways to be able to bring pressure and to try to work a solution to this. Foreign Minister Lavrov and I have talked. Our presidents talked yesterday. President Obama and President Putin talked, and they talked at some length about this. And they both instructed Foreign Minister Lavrov and me to continue our efforts, which we will do. We will continue to talk, and there are a number of things that we believe we can engage in that may or may not be able to have an impact; I can’t predict with certainty.

But I can tell you this: What you see in the direct talks between the opposition and the Assad regime will not be the full measure of effort being expended in order to try to find a solution here. And so without going into any further detail, I will just say to you that lots of different avenues will be pursued, including continued support to the opposition and augmented support to the opposition.

MS. PSAKI: The next question will be from Hayvi Bouzo of Orient TV.

QUESTION: Thank you, Secretary Kerry. My question is: There’s some fears that – from Secretary Lavrov, today’s speech, and the Assad regime in general – that they’re going to try to use the Geneva talks to use more time and to spend more time. Is there going to be any timeframe or time table that’s going to be set for the Geneva talks to deliver results? And what is after Geneva? What is the alternative solution if the Geneva talks don’t work? Thank you.

SECRETARY KERRY: Well, we’re not going to talk about after Geneva on the first day that Geneva starts. Geneva, today, is the opening statements and the beginning of the negotiation is on Friday. I expect that there’ll be a first round, maybe second round.

Look, negotiations to end wars, particularly complicated, difficult confrontations and conflicts like this, sometimes take a long time. You can go back and look at Bosnia, Kosovo, you can look at other open conflicts, you can look at the – go back as far as Vietnam and think of all the hours spent just deciding the shape of the table – I think a whole year before they even began to talk.

So talk takes a while. None of us are satisfied with leaving Syria to the kind of horrendous acts that have been engaged in, which is why I said there will be parallel efforts being made, even while the talks are going on in order to try to find different pressure points and different ways of finding a solution. But my sense is that – I mean, this is already one of the worst catastrophes of humanitarian crises in the world today. You have upwards of 9 million people displaced and in refugee status. The burden on Jordan is growing and significant. The burden on Lebanon is growing and significant. The increase of the number of terrorists and terrorist groups is unacceptable to any nation that cares about stability and the long-term safety and security of our people.

So this crisis is growing, not diminishing. And I believe the impact is going to be continued to be felt in ways that’s going to compel others to think in many different ways about what the options may be as we go down the road. I’m not going to go into those now, but clearly the importance of today cannot be underestimated in terms of focusing people’s attention on the nature of the crisis and the ways in which it is actually getting worse, not better.

So it’s up to all of us to do our best to try to make sure that Geneva and/or one of the parallel tracks works, and I’m not going to talk about the possibilities of it not finding some road forward.

MS. PSAKI: The next question will be from Kim Ghattas of BBC News.

QUESTION: Mr. Secretary, thank you very much for taking our questions. Iran was disinvited from this conference because Tehran did not endorse the Geneva communique. But then clearly, as we saw today, neither does the Syrian Government. Iran is almost as much a party to the conflict as the Syrian Government. Can you really expect to make progress in the negotiations without finding a way to involve Iran in the conversation at some point?

And as a follow-up, I’ve just spent a month in the region, and everybody I spoke to said that there is simply no way that things will get better, whether in Syria or in the region, if you don’t get Iran and Saudi Arabia to talk to each other. How can you help facilitate that?

SECRETARY KERRY: Well, I’m not going to go into the details of it, but obviously, we’re very aware of the need for a number of specific countries to be able to contribute to a solution rather than to be part of the problem.

With respect to Iran’s participation formally in the conference, it was very clear what the standard was for participation. We never ever minced our words about that. We always said countries that want to support Geneva I, which since 2012 has been the framework – since June of 2012, that has been the framework for trying to resolve the problem of Syria. And country after country after country has signed up to Geneva I communique. So what you all need to do is ask yourselves why Iran won’t sign up to it, not why they’re not here. Why didn’t they sign up to it? Why won’t they agree as every other nation has that this is the method that even – I mean, the Russian Federation signed up to it and was here, and Russia has been a critical partner in helping to bring us this far.

So I believe that with Russia and other efforts – Saudi Arabia was here. Saudi Arabia wasn’t going to be here, but they decided that it was important and they came. So I think that we have a critical mass building, and yes, Iran certainly does have an ability to be able to help make a difference. We hope that they would decide to be constructive and to make a decision to operate in a way going forward that can allow them to do so. There are plenty of ways that that door can be opened in the next weeks and months, and my hope is that they will want to join in a constructive solution.

MS. PSAKI: We have time for one more question. Michel Ghandour from Al Hurra TV.

QUESTION: Thank you. Mr. Secretary, is the military option still on the table in dealing with Syria?

SECRETARY KERRY: President Obama has never taken any option off the table in dealing with Syria. I think he made that very clear. When he made a decision to use military force, he used – he made the decision in the context of the chemical weapons. The chemical weapons problem got solved, but he left that issue on the table, as he did leave it on the table for the full compliance of Syria with that agreement. So the President has fully left that option on the table with respect to the compliance issue of the chemical weapons, and depending on what happens in the future, the President never takes any option off the table.

MS. PSAKI: Thank you, everyone.

QUESTION: Please stay.

SECRETARY KERRY: Thank you all.

QUESTION: I had a question (inaudible).

SECRETARY KERRY: Thank you. I know, but everybody else does too. (Laughter.)

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JANUARY 22, 2014

DEFENSE DEPARTMENT 
CONTRACTS

DEFENSE LOGISTICS AGENCY

Thomas Instrument,* Brookshire, Texas, has been awarded a maximum $48,702,626 firm-fixed-price contract for aircraft winches.  This contract is a sole-source acquisition.  Location of performance is Texas with a May 2016 performance completion date.  Using military service is Air Force.  Type of appropriation is fiscal year 2014 Air Force working capital funds.  The contracting activity is the Defense Logistics Agency Aviation, Robins Air Force Base, Ga., (SPRWA1-14-D-0002).

Coast Citrus Distributors,* San Diego, Calif., has been awarded a maximum $35,158,808 fixed-price with economic-price-adjustment, indefinite-quantity contract for fresh fruit and vegetable support.  This contract is a competitive acquisition, and four offers were received.  This is an eighteen-month base contract with two eighteen-month option periods.  Location of performance is California with a Jul. 20, 2015 performance completion date.  Using military services are Army, Navy, Air Force, and Marine Corps.  Type of appropriation is fiscal year 2014 through fiscal year 2015 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE300-14-D-P244).

Freeman Holdings of California, LLC, doing business as Million Air Victorville,* Victorville, Calif., has been awarded a maximum $28,455,164 fixed-price with economic-price-adjustment contract for into-plane jet fuel.  This contract is a competitive acquisition, and one offer was received.  Location of performance is California with a Mar. 31, 2018 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal year 2014 through fiscal year 2018 defense working capital funds.  The contracting activity is the Defense Logistics Agency Energy, Fort Belvoir, Va., (SP0600-14-D-0007).

Valley Fruit and Produce,* Los Angeles, Calif., has been awarded a maximum $14,691,191 fixed-price with economic-price-adjustment, indefinite-quantity contract for fresh fruit and vegetable support.  This contract is a competitive acquisition, and five offers were received.  This is an eighteen-month base contract with two eighteen-month option periods.  Location of performance is California with a Jul. 20, 2015 performance completion date.  Using military services are non-Department of Defense schools and reservations.  Type of appropriation is fiscal year 2014 through fiscal year 2015 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE300-14-D-S606).

Rockwell Collins-ESA Vision Systems (formerly Vision Systems International LLC), Fort Worth, Texas, has been awarded a maximum $14,666,736 firm-fixed-price contract for replenishment spare parts in support of the A/24A-56 joint helmet mounted cueing system.  This contract is a sole-source acquisition.  Location of performance is Texas, Oregon and Israel with a July 31, 2015 completion date.  Using military services are Navy, Air Force, and Air National Guard.  A portion of this contract is in support of foreign military sales for Canada, Chile, Pakistan, Portugal, Thailand and Iraq.  Type of appropriation is Air Force fiscal 2013 investment funds, Air Force and Air National Guard fiscal 2014 operations and maintenance funds, Navy fiscal 2013 and fiscal 2014 aircraft procurement funds and FMS funds. The contracting activity is the Defense Logistics Agency Aviation, Robins Air Force Base, Ga., (SPRWA1-11-D-0007-0009).

AIR FORCE

General PAE Applied Technologies, LLC, Fort Worth, Texas, has been awarded a $28,070,424 modification (P00027) on an existing contract (FA3010-13-C-0007) exercising the option for Keesler Air Force Base, Miss., base operations support services.  Work will be performed at Keesler AFB, and is expected to be completed on Jan. 31, 2015.  Fiscal 2014 operations and maintenance funds will be obligated incrementally upon availability.  The 81st Contracting Squadron, Keesler AFB, Miss., is the contracting activity.

Isometrics, Inc., Reidsville, N.C., has been awarded a $7,100,835 indefinite-delivery, requirements contract for the design and production of A/S32 R-11 aircraft refueling/defueling/hydrant servicing trucks.  Work will be performed at Reidsville, N.C., and is expected to be completed by Sep. 30, 2015.  This award is the result of a competitive acquisition, small business set-aside, and three offers were received.  No funds are being obligated at time of award.  Air Force Life Cycle Management Center/WNKBBB, Robins Air Force Base, Ga., is the contracting activity (FA8533-14-D-0001).

NAVY

The Boeing Co., Jacksonville, Fla., is being awarded a $17,820,844 firm-fixed-price, cost-plus-fixed-fee, indefinite-delivery/indefinite-quantity delivery order contract for remanufacturing activities and associated maintenance and sustainment capabilities in support of the F/A-18 A-F Depot Level Service Life Extension Program.  Work will be performed in Jacksonville, Fla. (92 percent) and St. Louis, Mo. (8 percent), and is expected to be completed in September 2014.  Fiscal 2014 aircraft procurement, Navy funds in the amount of $249,399 are being obligated on this award, none of which will expire at the end of the current fiscal year.  This contract was not competitively procured pursuant to FAR 6.302-1.  The Naval Air Systems Command, Patuxent River, Md. is the contracting activity (N00019-14-D-0001).

Bell Helicopter Textron, Inc., Hurst, Texas, is being awarded $13,495,182 for cost-plus-fixed-fee delivery order 0001 under a previously awarded contract (N00383-14-D-015N) for repair/overhaul work of five high priority items for the UH-1Y and AH-1Z helicopters.  Work will be performed in Hurst, Texas, and is expected to be completed by January 2017.  Fiscal 2014 Navy working capital funds in the amount of $6,747,591 will be obligated at time of award and will not expire at the end of the current fiscal year.  The Naval Supply Systems Command Weapon Systems Support, Philadelphia, Pa., is the contracting activity.

EFW, Inc., Fort Worth, Texas, is being awarded an $11,666,579 modification to a previously awarded firm-fixed-price contract (N00019-13-C-0037) to exercise an option for the installation and procurement of helmet display tracker system (HDTS) kits for AH-1W aircraft, including nine HTDS P-kits, 29 AH-1W Helmet kits, and installation of 54 HDTS.  Work will be performed in Fort Worth, Texas (42 percent); Camp Pendleton, Calif. (30 percent); and Cherry Point, N.C. (28 percent), and is expected to be completed in December 2014.  Fiscal 2014 aircraft procurement, Navy funds in the amount of $11,666,579 are being obligated at time of award, none of which will expire at the end of the current fiscal year.  The Naval Air Systems Command, Patuxent River, Md. is the contracting activity.
Rockwell Collins, Inc., Cedar Rapids, Iowa, is being awarded an $8,022,845 modification to a previously awarded firm-fixed-priced contract (N00019-09-C-0069) to exercise an option for the procurement of AN/ARC-210(V) Electronic Radios and ancillary equipment for a variety of aircraft.  Equipment being procured includes 15 C-12561A/ARC; 65 MT-6567/ARC; 15 MT-7006/ARC; 15 AM-7526/ARC; 15 MX-11641/ARC; 50 AS-3972/A; 50 CV-4092/A, and 65 RT-1939(C)/ARC.  Work will be performed in Cedar Rapids, Iowa, and is expected to be completed in November 2014.  Fiscal 2014 aircraft procurement, Navy funds in the amount of $8,022,845 will be obligated at time of award, none of which will expire at the end of the current fiscal year.  The Naval Air Systems Command, Patuxent River, Md., is the contracting activity.

Cortana Corp.,* Falls Church, Va., is being awarded a $7,760,214 modification to a previously awarded cost-plus-fixed-fee contract (N00421-09-C-0028) to exercise an option for the research and development of sensors and systems in support of the Advanced Sensor Application Program and the Remote Environmental Sensor Program.  Sensors and systems support a variety of naval aviation missions, including air-under-sea warfare, defense suppression, electronic attack, naval warfare and amphibious, strike and anti-surface warfare.  Work will be performed in Falls Church, Va., and is expected to be completed in September 2014.  Fiscal 2014 research, development, test, and evaluation, Navy funds in the amount of $525,000 are being obligated at time of award, none of which will expire at the end of the current fiscal year.  The Naval Air Warfare Center Aircraft Division, Patuxent River, Md., is the contracting activity

ARMY

L-3 Communications Corp, Madison, Miss., was awarded a $129,000,000 modification (P00106) to contract W58RGZ-10-C-0107 for maintenance and modification of the Army C-12/RC-12/UC-35 fixed wing aircraft fleet. Fiscal 2014 operations and maintenance (Army) funds in the amount of $88,076,758 were obligated at the time of the award.  Estimated completion date is Jan. 31, 2015. Work will be performed in Madison, Miss. Army Contracting Command, Redstone Arsenal, Ala. is the contracting activity.

Great Lakes Dredge and Dock, LLC, Oak Brook, Ill., was awarded a $14,177,652 firm-fixed-price contract for deepening the Delaware River main channel.  Fiscal 2014 operations and maintenance (Army) funds in the amount of $14,177,652 were obligated at the time of the award. Estimated completion date is Nov. 30, 2014.  Bids were solicited via the Internet with four received.  Work will be performed in Philadelphia, Pa.  Army Corps of Engineers, Philadelphia, Pa., is the contracting activity (W912BU-14-C-0008).

Zyscovich, Inc., Miami, Fla., (W91236-14-D-0012); Reynolds, Smith and Hills, Inc., Jacksonville, Fla., (W91236-13-D-0044); and Schenkel & Shultz, Inc. Orlando, Fla., (W91236-13-D-0043) were awarded a $10,000,000 firm-fixed-price, indefinite-delivery contract for architectural and engineering services to support DoD elementary and secondary schools within the continental United States and overseas trust territories, and in Europe, Cuba, Japan, and Korea.  Funding and work performance location will be determined with each order.  Estimated completion date is June 26, 2017.  Bids were solicited via the Internet with forty-five received. Army Corps of Engineers, Norfolk, Va., is the contracting activity.

American International Contractors, Inc., Arlington, Va., was awarded a $9,788,000 firm-fixed-price, foreign military sales contract for construction of the United Kingdom Maritime Component Command (UKMCC) including constructing a forward support unit warehouse and headquarters facility at Mina Salman Port, NSA II, Kingdom of Bahrain.  Funds in the amount of $9,788,000 were obligated at the time of the award.  Estimated completion date is April 7, 2015. Bids were solicited via the Internet, with eight received.  Work will be performed in Bahrain.  Army Corps of Engineers, Winchester, Va., is the contracting activity (W912ER-14-C-0002).

EADS-NA, Herndon, Va., was awarded a $9,454,370 modification (00757) to contract W58RGZ-06-C-0194 for Lakota helicopter logistics support.  Fiscal 2014 operations and maintenance (Army) funds in the amount of $9,454,370 were obligated at the time of the award. Estimated completion date is Dec. 31, 2014.  Work will be performed in Herndon, Va.  Army Contracting Command, Redstone Arsenal, Ala., is the contracting activity.

U.S. SPECIAL OPERATIONS COMMAND

NEK Services, Inc., San Diego, Calif., is being awarded an $8,232,079, firm-fixed-price task order in support of the Joint Exploitation Training Center (JETC), C. Company, 6th Battalion, 1st Special Warfare Training Group (Airborne), Fort Bragg, N.C.  The contractor shall provide instructors and role players to support the JETC advanced skills training.  The work will be performed in Fort Bragg, N.C, and is expected to be completed by January 2019.  Contract funds will not expire at the end of the current fiscal year.  Fiscal 14 operations and maintenance funds in the amount of $1,646,415 are being obligated at time of award.  This contract was awarded utilizing procedures at FAR 8.405-6. A best value determination was made based on evaluation of qualifying criteria, technical, past performance and price.  The requirement was posted via GSA E-buy seeking full and open competition under GSA Mission Oriented Business Integrated Services (MOBIS) Federal Supply Schedule.  Two offers were received.  United States Army Special Operations Command, Fort Bragg, N.C., is the contracting activity
(H92239-14-F-0001).

MISSILE DEFENSE AGENCY

Lockheed Martin Space Systems Co., (LMSSC) Huntsville, Ala., is being awarded a $33,018,000 modification (P00004) to firm-fixed-price and cost-plus-fixed-fee contract HQ0147-14-C-0004 to provide essential, highly specialized services to support Ballistic Missile Defense System flight test activities using LMSSC developed target hardware.  The work will be performed at several LMSSC facilities, and government test sites and is expected to be completed Dec. 31, 2014.  Fiscal 2014 research, development, test and evaluation funds in the amount of $7,000,000 are being obligated at time of award.  The Missile Defense Agency, Huntsville, Ala., is the contracting activity.
*Small Business

SATURN'S RINGS STUDIED WITH SPECIAL LIGHT FILTER

FROM:  NASA

Although it may look to our eyes like other images of the rings, this infrared image of Saturn's rings was taken with a special filter that will only admit light polarized in one direction. Scientists can use these images to learn more about the nature of the particles that make up Saturn's rings. The bright spot in the rings is the "opposition surge" where the Sun-Ring-Spacecraft angle passes through zero degrees. Ring scientists can also use the size and magnitude of this bright spot to learn more about the surface properties of the ring particles. This view looks toward the sunlit side of the rings from about 19 degrees above the ringplane. The image was taken with the Cassini spacecraft wide-angle camera on Aug. 18, 2013 using a spectral filter sensitive to wavelengths of near-infrared light centered at 705 nanometers. The view was acquired at a distance of approximately 712,000 miles (1.1 million kilometers) from Saturn and at a Sun-rings-spacecraft, or phase, angle of 7 degrees. Image scale is 43 miles (68 kilometers) per pixel.  Image Credit-NASA-JPL-Caltech-Space Science Institute.

GENEVA II CONFERENCE ON SYRIA: SECRETARY KERRY'S REMARKS

FROM:  STATE DEPARTMENT 
Intervention at the Geneva ll International Conference on Syria
Intervention
John Kerry
Secretary of State
Montreux, Switzerland
January 22, 2014

Thank you very much, Secretary Ban, and thank you, Ambassador Brahimi, for your commitment to helping the Syrian people find a new future. And I join with Foreign Minister Lavrov in thanking all of the countries around the table, all of the groups around the table. I thank President Burkhalter and the people of Switzerland for making this important meeting possible. And I thank the Russian Federation and Foreign Minister Lavrov for his cooperation and efforts together with us, working to try to initiate this process. I also want to welcome the leaders of the Syrian opposition, and I thank them for the courageous decision they’ve made. Everybody here knows the pressures that have existed.

Today is a beginning. It’s a beginning of what will obviously be a tough and complicated negotiation; peace talks to end a war and to end a struggle like this always are tough. Frankly, this is a test for all of us who support the Syrian people in their effort to end the extraordinary suffering that the world has witnessed, and which continues. And it is a test of the global community’s ability to come together and ultimately secure a Syria where people can live in dignity and not in fear.

I want to start by saying that I think it is impressive, I think it is significant in and of itself, that so many countries have come together, even though we know it’s for one day that all the countries will be here in this forum. But all of them have come together because everybody understands how critical it is for the world to prove that we have the ability to make a difference in this kind of a conflict.

Now, lost in the daily reports of violence is the fact that this revolution did not begin as an armed resistance. This started peacefully. It was started by schoolboys in Daraa who are armed only with graffiti cans, citizens who were peacefully and legitimately calling for change. And they were met almost immediately with violence. When their parents came out to protest the arrest of the children, 120 people died. That was the beginning.

And tragically, the Assad regime answered peaceful demonstration after peaceful demonstration with ever-increasing force. In the three years since then, this conflict has now left more than 130,000 dead, and it’s hard to count accurately. We all know that. The fact is that these people have been killed by guns, by tanks, by artillery, by gas, by barrel bombs, by Scud missiles. They’ve been killed by weapons almost exclusively of the magnitude not possessed by the opposition. Starvation has been used as a weapon of war. And most recently, we have seen horrific reports of systematic torture and execution of thousands of prisoners. This is an appalling assault, not only on human lives, but on human dignity and on every standard by which the international community tries to organize itself, recognizing the horrors of the humanitarian catastrophe that has unfolded, the destabilization of neighboring countries, and the endless exile of refugees.

As a result, the international community came together 18 months ago to support the Syrian people as they sought to change course. Now, this has taken a lot longer than many of us wanted to bring everyone together. But we have come here determined as ever to implement the Geneva communique. Sergey Lavrov just mentioned the Geneva communique; I reiterate the Geneva communique. And the Geneva communique can only be implemented through the concerted efforts of everybody in this room. Millions of people are relying on the international community’s ability to help find a solution that can save their lives and their country. And we see only one option: a negotiated transition government formed by mutual consent.

Now, we need to deal with reality here. We really need to deal with reality. Mutual consent, which is what has brought us here, for a transition government means that that government cannot be formed with someone that is objected to by one side or the other. That means that Bashar Assad will not be part of that transition government. There is no way – no way possible in the imagination – that the man who has led the brutal response to his own people could regain the legitimacy to govern. One man and those who have supported him can no longer hold an entire nation and a region hostage. The right to lead a country does not come from torture, nor barrel bombs, nor Scud missiles. It comes from the consent of the people. And it’s hard to imagine how that consent could be forthcoming at this point in time.

So just as there could be no place for the perpetrator of this violence, there could also be no place for the thousands of violent extremists who spread their hateful ideology and worsen the suffering of the Syrian people. And as we hear talk about terrorism today, make no mistake: It is the presence of the current intransigence within the existing government that makes this problem worse. That is creating a magnet for terrorists. And until a transition takes place, there is no prayer of reducing the increase of terrorism.

There is another way forward. We all know it. It is what this conference is organized around. It is the Geneva communique, which has the support of the international community as a peaceful roadmap for transition. And the only thing standing in its way is the stubborn clinging to power of one man, one family. I believe the alternative vision of the Syrian people is one that can gather the respect and support of people all around the world. It is a place that doesn’t force people to flee or live in fear, a Syria that protects the rights of every group. We have not only an opportunity, but we have an obligation to find a way forward so that the people of Syria can choose their leadership, know peace, and for 9 million refugees, finally be able to return home in dignity.

My final comment is this: There are, in this room, all of the players who have the ability, with the exception of one or two, to have an impact on the choices that are made here. People who are supporting different groups are here. These people have the ability to affect the outcome. And if we put our common energies together, we can forge a resolution that can provide peace to the region and peace to the people of Syria. And I hope we will succeed.

PATROLLING AFGHANISTAN

FROM:  DEFENSE DEPARTMENT 

As seen through a night-vision device, U.S. and Afghan special forces soldiers patrol up a mountain during an operation in the Ghorband district of Afghanistan's Parwan province, Jan. 15, 2014. U.S. Army photo by Spc. Connor Mendez.

As seen through a night-vision device, an Afghan commando machine gunner prepares to return fire during a firefight from an insurgent’s high ground position during an operation in the Ghorband district of Afghanistan's Parwan province, Jan. 15, 2014. U.S. Army photo by Spc. Connor Mendez.

HAGEL LAUDS OUTREACH TO SUNNI TRIBAL LEADERS BY IRAQI GOVERNMENT

FROM:  DEFENSE DEPARTMENT 
Hagel Lauds Efforts Urging Iraqis to Evict Terrorists

American Forces Press Service

WASHINGTON, Jan. 21, 2014 – Defense Secretary Chuck Hagel today lauded the Iraqi government’s continued outreach to local Sunni tribal leaders and officials to evict terrorist fighters from Fallujah and other parts of western Iraq, Pentagon Press Secretary Navy Rear Adm. John Kirby said.

Hagel delivered the praise during a Pentagon meeting with Osama al-Nujaifi, speaker of Iraq’s Council of Representatives, Kirby said.

In a statement summarizing the meeting, the press secretary said Hagel provided an update on U.S. efforts to accelerate delivery of critical defense equipment to resupply the Iraqi security forces conducting missions in Anbar province. “The secretary also underscored the importance of proceeding with federal Iraqi elections as scheduled, and encouraged the government of Iraq's efforts to implement local and national political initiatives,” he added.

Hagel concluded the meeting by reaffirming the steadfastness of the U.S-Iraq bilateral relationship and the U.S. commitment to helping the Iraqi government ensure the safety and security of all Iraqi people, Kirby said.

GSA ANNOUNCES LARGE INVESTMENT IN PUBLIC BUILDINGS

FROM:  GENERAL SERVICES ADMINISTRATION  
GSA Announces Major Investments in the Nation’s Public Buildings

Washington, DC--- Today, the U.S. General Services Administration (GSA) Administrator Dan Tangherlini announced major investments in our nation’s infrastructure as part of the Fiscal Year 2014 Consolidated Appropriations Act. The legislation will provide important funding to repair and maintain our country's public infrastructure, pay rent for our leased buildings, consolidate offices to save money, and upgrade land ports of entry to secure the nation's borders and facilitate trade and economic growth. The more than $9.3 billion investment in the nation’s public buildings enables GSA to properly maintain and improve the real estate assets owned and paid for by the American people.

“By investing in our public buildings, a smaller federal footprint and improved border crossing stations, GSA will not only create savings for the American people, but also assist in providing them with the most efficient and effective government possible,” said GSA Administrator Dan Tangherlini. “These infrastructure projects will ensure that federal agencies can support economic and job growth in communities across this country.”

Investing in the Nation’s Public Buildings

As a result of consecutive years of reduced funding, GSA’s portfolio of facilities have had to forgo over $4 billion worth of capital improvements including major repairs and maintenance as well as critical additions to the inventory. The legislation is an important step in restoring GSA’s ability to meet the urgent needs of its real estate portfolio by investing more than $1 billion in repair and maintenance of more than 9,000 federal buildings across the country. These are critical investments in infrastructure that will create significant savings by preventing costly emergency repairs in the future.

Construction and Border Modernization Projects 

The legislation funds several construction projects that will allow agencies to continue to provide critical services to the American people. One of those projects includes the consolidation of the Department of Homeland Security (DHS) at the St. Elizabeth’s campus in Washington, DC. With $155 million investment in the St. Elizabeth’s campus, GSA will continue to work to bring DHS into a single campus, which will save on leased space and enhance staff collaboration.

With the passage of the legislation, GSA’s request for a number of Land Port of Entry projects is fully funded. GSA will invest $295 million in critical border crossing and inspection modernization projects that will help expand trade and enhance border security. This includes:

$226 million to work on the next phase of the San Ysidro Port of Entry in Southern California, the busiest border crossing in the world.
$61.6 million to expand and modernize the U.S. Land Port of Entry facilities at the Port of Laredo in Laredo, Texas.
$7.4 million in the project design phase to expand and modernize the border crossing in Columbus, New Mexico.
These projects will increase efficiency, create economic growth, and improve safety and security for both vehicular and pedestrian traffic.

Making Federal Real Estate Smaller and More Efficient

The legislation includes $70 million to further GSA’s efforts to consolidate agencies within existing federally owned space. GSA’s consolidation program will save taxpayer dollars by reducing agency dependence on leased space, increase energy and water conservation, and reduce the total amount of space occupied by the government.

U.S.-RUSSIAN LEADERS TALK

U.S. Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, speaks with his Russian counterpart during a NATO meeting for defense chiefs in Brussels, Jan. 21, 2014. Dempsey is on a three-day trip where he is slated to meet with his NATO and Russian counterparts. DOD photo by U.S. Navy Petty Officer 1st Class Daniel Hinton.

FROM:  DEFENSE DEPARTMENT 
U.S., Russian Leaders Discuss Afghanistan, Sochi, History
By Jim Garamone
American Forces Press Service

BRUSSELS, Jan. 21, 2014 – Two tankers who as young men could have squared off against each other on the East German border sat in the Russian Embassy here today and talked about ways their two nations could cooperate.

Army Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, met his Russian counterpart, Gen. Valery V. Gerasimov, with an eye to improving the military-to-military relations between the two nations.

Dempsey spoke of the shared military history of the two nations and proposed a ceremony to commemorate the 70th anniversary of the meeting of the U.S. and Russian armies at Torgau, Germany, in April 1945.

That meeting sealed the defeat of Nazi Germany.

On political tracks, the U.S.-Russia relationship is a bit bumpy, but on the military track, Dempsey noted, there are ways these two powerful forces can cooperate.
“I always find it encouraging when I can meet with my counterparts -- especially the most influential militarily around the world,” the chairman said following the meeting. “I was encouraged by his candor … and his warmth in seeking to find ways that we can continue to advance the issues where we agree and where we can contribute to resolving those on which we disagree.”

The two men also signed the 2014 Work Plan for the nations. It was the first time the chiefs of defense signed such a document. “We felt it important enough to come together and do it ourselves,” Dempsey said. The Work Plan calls for 67 activities in which military personnel from both countries will work together.

“These are generally staff exercises, not maneuver exercises, although there are maneuver exercises in all domains -- air, land, sea,” the chairman said during an earlier interview. “Maneuver exercises tend to be small -- battalion level or below.”

Some areas of disagreement exist between the two militaries, and ballistic missile defense tops that list. Russia is opposed to ballistic missile defense for political and technical reasons. “But I’m encouraged, because we’re still talking about it,” Dempsey said. “The alternative would be we would all go our separate ways and we would generate another form of an arms race on that particular issue, and nobody wants that.”

The points of disagreement have “never driven us to the point in our mil-to-mil contacts where we can’t have the conversation,” Dempsey added.
The chairman said he believes there is still room for a better understanding not only about the technical capabilities related to missile defense, “but also the threat and our intentions vis-à-vis our allies and protecting ourselves.”
But the nations agree on Afghanistan.

“We agree that a stable Afghanistan and an Afghanistan that is not a sanctuary for terrorism is in our common interests,” the chairman said. “They are concerned that if the Afghan security forces don’t continue to receive a certain amount of support, and if the environment in Afghanistan deteriorates to the point where the central government can’t control, or at least influence, events, they are concerned it will destabilize fairly quickly. [The Russians] are supportive of our continued presence there.”

The Russians asked a number of questions about U.S. retrograde activities from Afghanistan, Dempsey said, to “gauge how quickly events in Afghanistan could change.”

“In their view,” he added, “it does relate to the amount of structure that NATO continues to provide there.”

The Russians are looking for a tipping point in Afghanistan, the general said. “They didn’t share what they thought the tipping point is,” he continued, “but in their view, there clearly is one.”

Other areas of mutual interest include antipiracy and counterterrorism efforts and Arctic issues.

The two men also discussed security at the upcoming Sochi Winter Olympic Games. The Russian military is working in support of civilian security organizations, and Dempsey heard Gerasimov’s assessment of the task. The Russian armed forces are bringing unique military capabilities to the effort, he said, including air defense, the maritime domain, chemical and biological defense, backup medical support for civilian authorities, management of the electronic spectrum and electronic warfare and the like.

“I reiterated the fact that we would favorably consider requests from them,” Dempsey said.

In a statement released yesterday, Pentagon Press Secretary Navy Rear Adm. John Kirby said U.S. commanders in the region are conducting prudent planning and preparations should support be required. Air and naval assets,including two Navy ships in the Black Sea, will be available if requested for all manner of contingencies in support of -- and in consultation with -- the Russian government, Kirby said, noting that there is no such requirement at this time.

No matter where the Olympics were being held this year, it would be a problem, Dempsey said, as international terrorists would seek to disrupt the games no matter where they were held. But having the games near Chechnya and Dagestan brings its own set of threats, he noted.

Gerasimov has “a hand-picked, highly trained task force that’s been in place for some time,” Dempsey said. “He believes they have in place the intelligence apparatus, as well as the response apparatus, to deal with the threats as they know them this year in Sochi.”

And, the Russian general is interested in American technology for countering improvised explosive devices that the Russian military might be able to use, the chairman said. The United States would share technical information on the counter-IED efforts, he added, and if it is compatible with Russian equipment, will look to provide that information to Russia in time for the games.

The Russian military is holding a tank biathlon next year, and the United States will observe “with the eye on participating downstream,” Dempsey said. The biathlon, he added, could have a Russian T-90 tank competing against a U.S. M-1 tank sometime in the future.

TRANSITIONAL PRESIDENT OF C.A.R. WELCOMED BY U.S.

FROM:  STATE DEPARTMENT 
U.S. Welcomes Selection of New Transitional President of the Central African Republic

Press Statement
John Kerry
Secretary of State
Washington, DC
January 21, 2014

The United States welcomes the selection of Catherine Samba-Panza as Transitional President in the Central African Republic (C.A.R.). As C.A.R.'s first woman head of state since the country’s independence, and with her special background in human rights work and mediation, she has a unique opportunity to advance the political transition process, bring all the parties together to end the violence, and move her country toward elections not later than February 2015.

We also commend the Transitional National Council for conducting the selection process for the new C.A.R. Transitional President in a deliberate, open, and transparent manner that ensured the airing of a full range of views from C.A.R.’s civil society.

The United States has been deeply engaged in the work to help pull C.A.R. back from the brink, including the pivotal visits of Ambassador Power and Assistant Secretary Thomas-Greenfield less than a month ago. The United States, along with regional leaders of the Economic Community of Central African States (ECCAS), the African Union, and other members of the international community, hopes to support President Samba-Panza and call on the people of C.A.R. to work constructively with her, participate in the political process, and avoid any resurgence in violence.

AN OPERATION IN AFGHANISTAN

FROM:  DEFENSE DEPARTMENT 

A U.S. Special Forces soldier scans over the valley as a patrol of U.S. and Afghan army special forces return from clearing further compounds during an operation in the Ghorband district of Afghanistan's Parwan province, Jan. 15, 2014. U.S. Army photo by Spc. Connor Mendez .

A U.S. Special Forces soldier uses binoculars to survey the valley for any suspicious activity during an operation in the Ghorband district of Afghanistan's Parwan province, Jan. 15, 2014. U.S. Army photo by Spc. Connor Mendez.

PRESIDENT'S LETTER: NATIONAL EMERGENCY RESPECTING TERRORISTS THREATENING MIDDLE EAST PEACE PROCESS

FROM:  THE WHITE HOUSE 
Letter -- Continuation of the National Emergency with Respect to Terrorists Who Threaten to Disrupt the Middle East Peace Process

TEXT OF A LETTER FROM THE PRESIDENT
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT OF THE SENATE

January 21, 2014

Dear Mr. Speaker: (Dear Mr. President:)

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency declared with respect to foreign terrorists who threaten to disrupt the Middle East peace process is to continue in effect beyond January 23, 2014.

The crisis with respect to grave acts of violence committed by foreign terrorists who threaten to disrupt the Middle East peace process that led to the declaration of a national emergency on January 23, 1995, has not been resolved. Terrorist groups continue to engage in activities that have the purpose or effect of threatening the Middle East peace process and that are hostile to United States interests in the region. Such actions continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. Therefore, I have determined that it is necessary to continue the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process and to maintain in force the economic sanctions against them to respond to this threat.

Sincerely,

BARACK OBAMA

12 COMPANIES SETTLE FTC CHARGES REGARDING INTERNATIONAL TRANSFER OF CONSUMER DATA

FROM:  FEDERAL TRADE COMMISSION 
FTC Settles with Twelve Companies Falsely Claiming to Comply with International Safe Harbor Privacy Framework

Twelve U.S. businesses have agreed to settle Federal Trade Commission charges that they falsely claimed they were abiding by an international privacy framework known as the U.S.-EU Safe Harbor that enables U.S. companies to transfer consumer data from the European Union to the United States in compliance with EU law.

The companies settling with the FTC represent a cross-section of industries, including retail, professional sports, laboratory science, data broker, debt collection, and information security. The companies handle a variety of consumer information, including in some instances sensitive data about health and employment. The twelve companies are:

Apperian, Inc.: Company specializing in mobile applications for business enterprises and security;
Atlanta Falcons Football Club, LLC: National Football League team;
Baker Tilly Virchow Krause, LLP: Accounting firm;
BitTorrent, Inc.: Provider of peer-to-peer (P2P) file sharing protocol;
Charles River Laboratories International, Inc.: Global developer of early-stage drug discovery processes;
DataMotion, Inc.: Provider of platform for encrypted email and secure file transport;
DDC Laboratories, Inc.: DNA testing lab and the world’s largest paternity testing company;
Level 3 Communications, LLC: One of the six largest ISPs in the world;
PDB Sports, Ltd., d/b/a Denver Broncos Football Club: National Football League team;
Reynolds Consumer Products Inc.: Maker of foil and other consumer products;
Receivable Management Services Corporation: Global provider of accounts receivable, third-party recovery, bankruptcy and other services; and
Tennessee Football, Inc.: National Football League team.
“Enforcement of the U.S.-EU Safe Harbor Framework is a Commission priority. These twelve cases help ensure the integrity of the Safe Harbor Framework and send the signal to companies that they cannot falsely claim participation in the program,” said FTC Chairwoman Edith Ramirez.

According to the twelve complaints filed by the FTC, the companies deceptively claimed they held current certifications under the U.S.-EU Safe Harbor framework and, in three of the complaints, also deceptively claimed certifications under the U.S.-Swiss Safe Harbor framework. The U.S.-EU and U.S.-Swiss Safe Harbor frameworks are voluntary programs administered by the U.S. Department of Commerce in consultation with the European Commission and Switzerland, respectively.  To participate, a company must self-certify annually to the Department of Commerce that it complies with the seven privacy principles required to meet the EU’s adequacy standard: notice, choice, onward transfer, security, data integrity, access, and enforcement. A participant in the U.S.-EU Safe Harbor framework may also highlight for consumers its compliance with the Safe Harbor by displaying the Safe Harbor certification mark on its website.

The FTC complaints charge each company with representing, through statements in their privacy policies or display of the Safe Harbor certification mark, that they held current Safe Harbor certifications, even though the companies had allowed their certifications to lapse. The Commission alleged that this conduct violated Section 5 of the FTC Act. However, this does not necessarily mean that the company committed any substantive violations of the privacy principles of the Safe Harbor frameworks.

Under the proposed settlement agreements, which are subject to public comment, the companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any other self-regulatory or standard-setting organization.

Consumers who want to know whether a U.S. company is a participant in the U.S-EU or U.S.-Swiss Safe Harbor program may visit http://export.gov/safeharbor to see if the company holds a current self-certification.

These cases are being brought with the valuable assistance of the U.S. Department of Commerce. These companies were also the subject of complaints filed in 2013 by Chris Connolly and Galexia, Inc.

The Commission votes to accept the consent agreement packages containing the proposed consent orders for public comment were 4-0. The FTC will publish descriptions of the consent agreement packages in the Federal Register shortly. The agreements will be subject to public comment for 30 days, beginning today and continuing through Feb. 20, 2014, after which the Commission will decide whether to make the proposed consent orders final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section. Comments in electronic form should be submitted using the following Web links:

Apperian, Inc.
Atlanta Falcons Football Club, LLC
Baker Tilly Virchow Krause, LLP
BitTorrent, Inc.
Charles River Laboratories International, Inc.
DataMotion, Inc.
DDC Laboratories, Inc.
Level 3 Communications, LLC
PDB Sports, Ltd., d/b/a Denver Broncos Football Club
Reynolds Consumer Products Inc.
Receivable Management Services Corporation
Tennessee Football, Inc.
Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

READOUT: SECRETARY OF DEFENSE CHUCK HAGEL'S MEETING WITH IRAQI SPEAKER

FROM:  DEFENSE DEPARTMENT 
January 21, 2014
Readout of Secretary of Defense Chuck Hagel's Meeting with Iraqi Council of Representatives Speaker Osama al-Nujaifi

Pentagon Press Secretary Rear Admiral John Kirby provided the following readout:

Secretary of Defense Hagel met with Iraqi Council of Representatives Speaker Osama al-Nujaifi today at the Pentagon.

The secretary lauded the Government of Iraq's continued outreach to local Sunni tribal leaders and officials to evict terrorist fighters from Fallujah and other parts of western Iraq.

Secretary Hagel provided an update on U.S. efforts to accelerate delivery of critical defense equipment to resupply the Iraqi Security Forces conducting missions in Anbar Province.  The secretary also underscored the importance of proceeding with federal Iraqi elections as scheduled, and encouraged the Government of Iraq's efforts to implement local and national political initiatives.

The secretary concluded the meeting by reaffirming the steadfastness of the U.S-Iraq bilateral relationship and the U.S. commitment to helping the Iraqi government ensure the safety and security of all Iraqi people.

CDC WARNS HOSPITALS TO RESERVE ZINC SUPPLIES DURING NATIONAL SHORTAGES

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION 
Zinc Deficiency–Associated Dermatitis in Infants During a Nationwide Shortage of Injectable Zinc — Washington, DC, and Houston, Texas, 2012–2013

Duke J. Ruktanonchai, M.D.
Lieutenant Commander, U.S. Public Health Service
CDC Epidemic Intelligence Service Officer
Texas Department of State Health Services

During national shortages of injectable zinc, hospitals should consider reserving supplies for infants at highest risk for deficiency. Injectable zinc, a vital component of parenteral nutrition (PN) formulations, was reported to be in short supply in 2012. Early reports resulted in the publication of a MMWR notice regarding the shortage and early reports of problems in premature infants. Premature and low birth weight (LBW) infants are especially vulnerable to micronutrient deficiencies.  This report discusses investigation into the effects of the shortage on a group of premature infants in two states. Through collaboration of CDC, FDA, the American Academy of Pediatrics, hospitals, and clinicians, public health actions were taken to prevent zinc deficiency disorders in vulnerable infants during the shortage.

STRATEGIC ACTION PLAN ON SERVICES FOR HUMAN TRAFFICKING VICTIMS RELEASED BY WHITE HOUSE

FROM:  DEPARTMENT OF LABOR 
Rebuilding Lives for Victims of Human Trafficking

In recognition of National Slavery and Human Trafficking Prevention Month, the White House has released the first-ever Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States. The plan lays out a five-year path for increased coordination, collaboration, and capacity across the federal government and in partnership with other governmental and nongovernmental entities. It describes the steps that federal agencies will take to ensure that victims of human trafficking in the United States are identified and have access to the services they need to recover and to rebuild their lives. At the department, that means enhancing the ability of Wage and Hour investigators to detect potential cases and refer them to law enforcement partners. It also means enhancing the public workforce system's ability to provide employment and training services to survivors. The plan builds on commitments expressed by President Obama to provide support to trafficking victims, whom he addressed when he said, "We see you. We hear you. We insist on your dignity. And we share your belief that if just given the chance, you will forge a life equal to your talents and worthy of your dreams"

U.S. SAYS SHIPS IN BLACK SEA AVAILABLE TO AID IN OLYMPIC SECURITY

FROM:  DEFENSE DEPARTMENT 
January 20, 2014
Pentagon Press Secretary Statement on Olympic Winter Games Security

The following press release is attributed to Rear Admiral John F. Kirby, USN
The United States has offered its full support to the Russian government as it conducts security preparations for the Winter Olympics.

To that end, U.S. commanders in the region are conducting prudent planning and preparations should that support be required.

Air and naval assets, to include two Navy ships in the Black Sea, will be available if requested for all manner of contingencies in support of -- and in consultation with -- the Russian government.

There is no such requirement at this time.

USING FICTITIOUS POWERS OF ATTORNEY LANDS MAN IN JAIL FOR TAX REFUND FRAUD

FROM:  JUSTICE DEPARTMENT
Thursday, January 16, 2014

Check Casher Sentenced to Jail for Involvement in Fraudulent Tax Refund Scheme
David Haigler of Montgomery County, Ala., was sentenced today to serve 37 months in federal prison for his involvement in a stolen identity tax refund fraud scheme, Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division, U.S. Attorney George L. Beck Jr. for the Middle District of Alabama and the Internal Revenue Service (IRS) announced today.  Haigler was also ordered to serve three years of supervised release and to pay restitution to the IRS in the amount of $606,781.  Haigler previously pleaded guilty in the U.S. District Court for the Middle District of Alabama on Sept. 6, 2013.

According to court documents, between November 2011 and July 2012, Haigler obtained 263 fraudulent U.S. Treasury refund checks and Refund Anticipation Loan checks totaling $606,781.  The refund checks were in the names of different individuals and those individuals did not authorize Haigler to cash the checks.  Haigler obtained fictitious powers of attorney in the names of the individuals on the checks, which purportedly appointed Haigler to handle financial affairs, including the cashing of checks.  Haigler cashed all of the fraudulent refund checks at a store in Millbrook, Ala., and provided the store with copies of the fictitious powers of attorney.  Haigler retained a portion of the checks and provided the remainder to the individuals who brought him the fraudulent checks.

This case was investigated by special agents of the IRS - Criminal Investigation and the U.S. Secret Service.  Trial Attorneys Michael Boteler and Jason Poole of the Tax Division and Assistant U.S. Attorney Todd Brown prosecuted the case.

FOUR VIOLENT ROVING JEWELRY ROBBERS PLEAD GUILTY

FROM:  JUSTICE DEPARTMENT 
Thursday, January 16, 2014
Four Members of Jewelry Theft Ring Plead Guilty

Four men have pleaded guilty for their roles in a highly sophisticated and violent organization that targeted jewelry couriers in Georgia and Texas.   The defendants were caught as part of a national effort to find and prosecute roving groups of robbers who travel around the country targeting jewelry couriers and other business people.

Acting Assistant Attorney General Mythili Raman and U.S. Attorney Sally Quillian Yates of the Northern District of Georgia made the announcement.

Honorio Sanchez-Valencia, 46, of Gwinnett, Ga., and Jose Vicente Ramirez-Rodriguez, 38, John Rodriguez, 37, and Ali Alejandro Godoy-Maximo, 25, each of Los Angeles, Ca., pleaded guilty this week in the Northern District of Georgia to Hobbs Act robbery for participating in the robbery of a jewelry courier on Jan. 31, 2013, at a QuikTrip gas station in Buford, Ga.   The charge carries a maximum penalty of 20 years in prison.   In addition, Rodriguez pleaded guilty to being an illegal alien in possession of a handgun, which carries a maximum penalty of 10 years in prison.   Sentencing has not been scheduled.

Court records show that on Jan. 31, 2013, as part of a plan to identify and rob a jewelry courier, the courier-victim was followed by Ramirez-Rodriguez to a QuikTrip gas station.   As he was following the courier, Ramirez-Rodriguez contacted Sanchez-Valencia to help him with the robbery.   Sanchez-Valencia, in turn, contacted the other defendants, all of whom came to the gas station together.   When the courier was putting gas in his vehicle, two of the defendants approached him, with one restraining him with a knife while another smashed the vehicle window and took a briefcase containing over $125,000 in assorted jewelry.

Sanchez-Valencia also admitted his involvement in a similar robbery that occurred in Dallas on Aug. 27, 2012.   In that robbery, two jewelry couriers were at a restaurant when Sanchez-Valencia briefly came into the restaurant to conduct surveillance on them and to determine the layout of the restaurant.   Within a few minutes after Sanchez-Valencia left, three masked men with a gun came into the restaurant and robbed the jewelry couriers of two briefcases containing over $500,000 of jewelry.   Some of that jewelry was recovered during the execution of a search warrant at a storage unit rented by Sanchez-Valencia.

This case was investigated by the FBI, ICE and the Gwinnett County Police Department, with assistance from the Dallas Police Department.   This case is being prosecuted by Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Kim Dammers of the Northern District of Georgia.