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.)
Monday, December 2, 2013
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)
Friday, November 29, 2013
U.S. MILITARY CELEBRATES THANKSGIVING DAY
FROM: U.S. DEFENSE DEPARTMENT
The East Coast Marine Corps Combined Band marches in Macy's Thanksgiving Day Parade in New York, Nov. 28, 2013. The band includes 80 instrumentalists from the Marine Corps' three largest East Coast installations; Marine Corps Base Quantico, Va., Camp Lejeune, N.C., and Marine Corps Air Station Cherry Point, N.C. U.S. Army photo by Sgt. A.J. Rasure -
"Gobbles," the prize winning turkey, sits on display at the 3rd Infantry Division's 2nd Armored Brigade Combat Team's dining facility on Fort Stewart, Ga., Nov. 27, 2013. Chefs created the turkey from various types of chips and other snack foods. U.S. Army photo by Sgt. Richard Wrigle.
PRESIDENT OBAMA'S WEEKLY ADDRESS FOR NOVEMBER 28, 2013
FROM: THE WHITE HOUSE
Weekly Address: Wishing the American People a Happy Thanksgiving
Remarks of President Barack Obama
Weekly Address -- Thanksgiving
Thursday, November 28, 2013
Hi, everybody. On behalf of all the Obamas – Michelle, Malia, Sasha, Bo, and the newest member of our family, Sunny – I want to wish you a happy and healthy Thanksgiving.
We’ll be spending today just like many of you – sitting down with family and friends to eat some good food, tell stories, watch a little football, and most importantly, count our blessings.
And as Americans, we have so much to be thankful for.
We give thanks for the men and women who set sail for this land nearly four centuries ago, risking everything for the chance at a better life – and the people who were already here, our Native American brothers and sisters, for their generosity during that first Thanksgiving.
We give thanks for the generations who followed – people of all races and religions, who arrived here from every country on Earth and worked to build something better for themselves and for us.
We give thanks for all our men and women in uniform – and for their families, who are surely missing them very much today. We’re grateful for their sacrifice too.
We give thanks for the freedoms they defend – the freedom to think what we want and say what we think, to worship according to our own beliefs, to choose our leaders and, yes, criticize them without punishment. People around the world are fighting and even dying for their chance at these freedoms. We stand with them in that struggle, and we give thanks for being free.
And we give thanks to everyone who’s doing their part to make the United States a better, more compassionate nation – who spend their Thanksgiving volunteering at a soup kitchen, or joining a service project, or bringing food and cheer to a lonely neighbor. That big-hearted generosity is a central part of our American character. We believe in lending a hand to folks who need it. We believe in pitching in to solve problems even if they aren’t our problems. And that’s not a one-day-a-year belief. It’s part of the fabric of our nation.
And we remember that many Americans need that helping hand right now. Americans who’ve lost their jobs and can’t get a new one through no fault of their own. Americans who’ve been trapped in poverty and just need that helping hand to climb out. Citizens whose prayers and hopes move us to act.
We are a people who are greater together than we are on our own. That’s what today is about. That’s what every day should be about. No matter our differences, we’re all part of one American family. We are each other’s keeper. We are one nation, under God. That core tenet of our American experience has guided us from the earliest days of our founding – and it will guide us to a future that’s even brighter than today.
Thank you, God bless you, and from my family to yours, Happy Thanksgiving.
Weekly Address: Wishing the American People a Happy Thanksgiving
Remarks of President Barack Obama
Weekly Address -- Thanksgiving
Thursday, November 28, 2013
Hi, everybody. On behalf of all the Obamas – Michelle, Malia, Sasha, Bo, and the newest member of our family, Sunny – I want to wish you a happy and healthy Thanksgiving.
We’ll be spending today just like many of you – sitting down with family and friends to eat some good food, tell stories, watch a little football, and most importantly, count our blessings.
And as Americans, we have so much to be thankful for.
We give thanks for the men and women who set sail for this land nearly four centuries ago, risking everything for the chance at a better life – and the people who were already here, our Native American brothers and sisters, for their generosity during that first Thanksgiving.
We give thanks for the generations who followed – people of all races and religions, who arrived here from every country on Earth and worked to build something better for themselves and for us.
We give thanks for all our men and women in uniform – and for their families, who are surely missing them very much today. We’re grateful for their sacrifice too.
We give thanks for the freedoms they defend – the freedom to think what we want and say what we think, to worship according to our own beliefs, to choose our leaders and, yes, criticize them without punishment. People around the world are fighting and even dying for their chance at these freedoms. We stand with them in that struggle, and we give thanks for being free.
And we give thanks to everyone who’s doing their part to make the United States a better, more compassionate nation – who spend their Thanksgiving volunteering at a soup kitchen, or joining a service project, or bringing food and cheer to a lonely neighbor. That big-hearted generosity is a central part of our American character. We believe in lending a hand to folks who need it. We believe in pitching in to solve problems even if they aren’t our problems. And that’s not a one-day-a-year belief. It’s part of the fabric of our nation.
And we remember that many Americans need that helping hand right now. Americans who’ve lost their jobs and can’t get a new one through no fault of their own. Americans who’ve been trapped in poverty and just need that helping hand to climb out. Citizens whose prayers and hopes move us to act.
We are a people who are greater together than we are on our own. That’s what today is about. That’s what every day should be about. No matter our differences, we’re all part of one American family. We are each other’s keeper. We are one nation, under God. That core tenet of our American experience has guided us from the earliest days of our founding – and it will guide us to a future that’s even brighter than today.
Thank you, God bless you, and from my family to yours, Happy Thanksgiving.
USDA INFORMATION ON REGULATION OF PET FOOD
FROM: U.S. FOOD AND DRUG ADMINISTRATION
Pet Food
The Food and Drug Administration (FDA) regulates that can of cat food, bag of dog food, or box of dog treats or snacks in your pantry. The FDA’s regulation of pet food is similar to that for other animal foods. The Federal Food, Drug, and Cosmetic Act (FFDCA) requires that all animal foods, like human foods, be safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled. In addition, canned pet foods must be processed in conformance with the low acid canned food regulations to ensure the pet food is free of viable microorganisms, see Title 21 Code of Federal Regulations, Part 113 (21 CFR 113).
FDA Regulation of Pet Food
There is no requirement that pet food products have pre-market approval by the FDA. However, FDA ensures that the ingredients used in pet food are safe and have an appropriate function in the pet food. Many ingredients such as meat, poultry and grains are considered safe and do not require pre-market approval. Other substances such as sources of minerals, vitamins or other nutrients, flavorings, preservatives, or processing aids may be generally recognized as safe (GRAS) for an intended use (21 CFR 582 and 584) or must have approval as food additives (21 CFR 570, 571 and 573). Colorings must have approvals for that use as specified in 21 CFR 70 and be listed in Parts 73, 74, or 81. For more information about pet foods and marketing a pet food, see FDA’s Regulation of Pet Food and Information on Marketing a Pet Food Product.
Labeling
Pet food labeling is regulated at two levels. The current FDA regulations require proper identification of the product, net quantity statement, name and place of business of the manufacturer or distributor, and proper listing of all the ingredients in the product in order from most to least, based on weight. Recent legislation in the Food and Drug Administration Amendments Act of 2007 requires FDA to establish by regulation – (1) ingredient standards and definitions with respect to pet food; (2) processing standards for pet food; and, (3) updated standards for the labeling of pet food that include nutritional and ingredient information. FDA is working on this legislative mandate. Comments concerning this initiative can be made at http://www.regulations.gov to Docket No. FDA-2007-N-0442. Some states also enforce their own labeling regulations. Many of these regulations are based on a model provided by the Association of American Feed Control Officials (AAFCO). For more information about AAFCO,disclaimer icon please visit its website. For more information about labeling requirements, see Pet Food Labels - General.
FDA also reviews specific claims on pet food, such as “maintains urinary tract health,” “low magnesium,” “tartar control,” “hairball control,” and “improved digestibility.” Guidance for collecting data to make a urinary tract health claim is available in Guideline 55 on the CVM portion of the FDA internet site.
CVM DOES NOT recommend one product over another or offer guidance on individual pet health issues that are normally provided by the pet’s veterinarian. Questions regarding your pets' health and/or the specific use of any veterinary drug, pet food, or other product should always be referred to your veterinarian.
Pet Food
The Food and Drug Administration (FDA) regulates that can of cat food, bag of dog food, or box of dog treats or snacks in your pantry. The FDA’s regulation of pet food is similar to that for other animal foods. The Federal Food, Drug, and Cosmetic Act (FFDCA) requires that all animal foods, like human foods, be safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled. In addition, canned pet foods must be processed in conformance with the low acid canned food regulations to ensure the pet food is free of viable microorganisms, see Title 21 Code of Federal Regulations, Part 113 (21 CFR 113).
FDA Regulation of Pet Food
There is no requirement that pet food products have pre-market approval by the FDA. However, FDA ensures that the ingredients used in pet food are safe and have an appropriate function in the pet food. Many ingredients such as meat, poultry and grains are considered safe and do not require pre-market approval. Other substances such as sources of minerals, vitamins or other nutrients, flavorings, preservatives, or processing aids may be generally recognized as safe (GRAS) for an intended use (21 CFR 582 and 584) or must have approval as food additives (21 CFR 570, 571 and 573). Colorings must have approvals for that use as specified in 21 CFR 70 and be listed in Parts 73, 74, or 81. For more information about pet foods and marketing a pet food, see FDA’s Regulation of Pet Food and Information on Marketing a Pet Food Product.
Labeling
Pet food labeling is regulated at two levels. The current FDA regulations require proper identification of the product, net quantity statement, name and place of business of the manufacturer or distributor, and proper listing of all the ingredients in the product in order from most to least, based on weight. Recent legislation in the Food and Drug Administration Amendments Act of 2007 requires FDA to establish by regulation – (1) ingredient standards and definitions with respect to pet food; (2) processing standards for pet food; and, (3) updated standards for the labeling of pet food that include nutritional and ingredient information. FDA is working on this legislative mandate. Comments concerning this initiative can be made at http://www.regulations.gov to Docket No. FDA-2007-N-0442. Some states also enforce their own labeling regulations. Many of these regulations are based on a model provided by the Association of American Feed Control Officials (AAFCO). For more information about AAFCO,disclaimer icon please visit its website. For more information about labeling requirements, see Pet Food Labels - General.
FDA also reviews specific claims on pet food, such as “maintains urinary tract health,” “low magnesium,” “tartar control,” “hairball control,” and “improved digestibility.” Guidance for collecting data to make a urinary tract health claim is available in Guideline 55 on the CVM portion of the FDA internet site.
CVM DOES NOT recommend one product over another or offer guidance on individual pet health issues that are normally provided by the pet’s veterinarian. Questions regarding your pets' health and/or the specific use of any veterinary drug, pet food, or other product should always be referred to your veterinarian.
LABOR SECRETARY USES BLOG TO PROMOTE INCREASING THE MINIMUM WAGE
FROM: U.S. LABOR DEPARTMENT
Holiday Belt-Tightening for Minimum Wage Workers
by SECRETARY TOM PEREZ on NOVEMBER 26, 2013
“I’m living out of a spare room at my children’s house.”
“I’m working 70 hours a week…my day starts at 6am…I want to go to college, [but] I don’t have time [and] I can’t afford it.”
“I shouldn’t have to decide: am I going to pay the electric bill or do I pay the heat? I’m a thousand dollars behind in rent now…where is this money going to come from?”
“I’ve worked since I was 15 years old, and I’ve never been fired or asked to leave a job. I can’t work more than 8 hours a day or I’ll lose my day care… If I lose that, I’ll lose access to food assistance. I’m barely staying above water now as it is.”
This is just a sampling of what I’ve heard from low-wage workers I’ve met with recently. I come away from these conversations more convinced than ever that we have to raise the federal minimum wage.
In a nation as wealthy as ours, one based on the belief that anyone can make it if they try, it’s unconscionable that people working full-time are living in poverty and resorting to safety net programs for their very survival. As one young man who works in fast food in Milwaukee told me: “This fight – it’s about the minimum wage, but it’s about respect.”
This is a time of year for plentiful family gatherings. But while many of us are fortunate to enjoy a Thanksgiving of abundance and relaxation, the holidays are too often a source of even greater economic anxiety than usual for those earning at or near the minimum wage.
The American Farm Bureau Federation has estimated that feeding a table of 10 this Thanksgiving will cost $49 on average. But it takes minimum wage workers nearly a full shift to earn that much (and many will have to work on Thanksgiving anyway). For them, putting any meal on the table, let alone a multi-course feast, is a penny-squeezing struggle. So while many Americans will be loosening their belts after helpings of turkey and stuffing, it’s another day of belt-tightening for workers trying to get by on the minimum wage.
But increasing the minimum wage isn’t about holiday giving or charity. This is smart economic policy with universal benefits. In an economy driven by consumer demand, more purchasing power for working families means more sales at businesses large and small. With tens of millions of people heading to stores to start their holiday shopping this weekend, imagine how much more retailers could benefit if low-wage workers had more to spend. I can’t put it any better than one worker who told me: “If they would pay us what we need, we could put money back into the economy and pay for what we need. And that strengthens all of us.”
Minimum wage workers are proud and hardworking. They need and deserve a raise. And that’s not just Tom Perez talking — more than three-quarters of Americans agree, according to a recent Gallup poll. As a matter of social justice and economic common sense, it’s time for Congress to act.
Holiday Belt-Tightening for Minimum Wage Workers
by SECRETARY TOM PEREZ on NOVEMBER 26, 2013
“I’m living out of a spare room at my children’s house.”
“I’m working 70 hours a week…my day starts at 6am…I want to go to college, [but] I don’t have time [and] I can’t afford it.”
“I shouldn’t have to decide: am I going to pay the electric bill or do I pay the heat? I’m a thousand dollars behind in rent now…where is this money going to come from?”
“I’ve worked since I was 15 years old, and I’ve never been fired or asked to leave a job. I can’t work more than 8 hours a day or I’ll lose my day care… If I lose that, I’ll lose access to food assistance. I’m barely staying above water now as it is.”
This is just a sampling of what I’ve heard from low-wage workers I’ve met with recently. I come away from these conversations more convinced than ever that we have to raise the federal minimum wage.
In a nation as wealthy as ours, one based on the belief that anyone can make it if they try, it’s unconscionable that people working full-time are living in poverty and resorting to safety net programs for their very survival. As one young man who works in fast food in Milwaukee told me: “This fight – it’s about the minimum wage, but it’s about respect.”
This is a time of year for plentiful family gatherings. But while many of us are fortunate to enjoy a Thanksgiving of abundance and relaxation, the holidays are too often a source of even greater economic anxiety than usual for those earning at or near the minimum wage.
The American Farm Bureau Federation has estimated that feeding a table of 10 this Thanksgiving will cost $49 on average. But it takes minimum wage workers nearly a full shift to earn that much (and many will have to work on Thanksgiving anyway). For them, putting any meal on the table, let alone a multi-course feast, is a penny-squeezing struggle. So while many Americans will be loosening their belts after helpings of turkey and stuffing, it’s another day of belt-tightening for workers trying to get by on the minimum wage.
But increasing the minimum wage isn’t about holiday giving or charity. This is smart economic policy with universal benefits. In an economy driven by consumer demand, more purchasing power for working families means more sales at businesses large and small. With tens of millions of people heading to stores to start their holiday shopping this weekend, imagine how much more retailers could benefit if low-wage workers had more to spend. I can’t put it any better than one worker who told me: “If they would pay us what we need, we could put money back into the economy and pay for what we need. And that strengthens all of us.”
Minimum wage workers are proud and hardworking. They need and deserve a raise. And that’s not just Tom Perez talking — more than three-quarters of Americans agree, according to a recent Gallup poll. As a matter of social justice and economic common sense, it’s time for Congress to act.
FORMER SCHOOL BEEF SUPPLIERS SETTLE ALLEGATIONS OF MISTREATING COWS AND EVADING "DOWNER COW" INSPECTIONS
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, November 27, 2013
Former Suppliers of Beef to National School Lunch Program Settle Allegations of Improper Practices and Mistreating Cows
Several California companies and individuals that formerly supplied beef to the National School Lunch Program have agreed to settle allegations of inhumane handling of cattle, circumventing appropriate inspection of nonambulatory disabled (“downer”) cattle and false representations regarding their eligibility to process beef, the Justice Department announced today. The announcement follows approval of the last of these settlements by a California probate court.
“Children across the country depend on the National School Lunch Program to provide them with a healthy meal each day, so we all depend on companies providing food to the program to follow the rules designed to ensure those meals are safe to eat,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “The Justice Department will pursue aggressively anyone whose unlawful conduct puts the safety of our food at risk.”
“The contractors who supply beef and other meat products to schools and child-care facilities have a responsibility to provide our nation’s young people with products that come only from healthy and humanely handled animals,” said U.S. Attorney for the Central District of California André Birotte Jr. “This settlement holds accountable businesses that mistreated cows on a regular basis and routinely evaded a critically important USDA inspection procedure that allowed ‘downer cows’ to be processed into food.”
The settlements will conclude a lawsuit initiated by the Humane Society of the United States (HSUS) under the whistleblower provisions of the False Claims Act (FCA) after an HSUS investigator videotaped alleged inhumane cattle handling and improper downer cattle inspection practices at the slaughterhouse and meat processing facility of Westland Meat Co. and Hallmark Meat Packing Co. in Chino, Calif. The government later joined the lawsuit and brought additional claims that the defendants concealed their ineligibility to process beef because a convicted felon, Aaron “Arnie” Magidow, was a partner in and otherwise responsibly connected with the facility’s operations. U.S. Department of Agriculture (USDA) regulations applicable to suppliers of the National School Lunch Program prohibit the inhumane handling of cattle, require the proper inspection and disposition of downer cattle and require suppliers to identify convicted felons who are responsibly connected to the suppliers’ operations.
The National School Lunch Program, administered by the USDA, is a federally assisted meal program operating in public and nonprofit private schools and residential child-care institutions. The program provides nutritionally balanced, low-cost or free lunches to children each school day. All ground beef containing the defendants’ products was recalled as of Feb. 16, 2008, and the defendants no longer supply beef to the National School Lunch Program.
“A top priority for USDA’s Office of Inspector General (OIG) is protecting the integrity of America’s food supply by investigating violations of the Federal Meat Inspection Act,” said USDA-OIG Western Region Special Agent in Charge Lori Chan. “Agents from OIG’s Diamond Bar, Calif., office conducted an extensive investigation of the Hallmark/Westland facility, which supplied ground beef to schools through USDA’s National School Lunch Program. The government’s joint investigation led to one of the largest civil settlements in OIG’s history.”
Under the settlements, Westland Meat Co., based in Corona Del Mar, Calif., and its owner Steve Mendell will pay $240,000, and Westland will enter into a consent judgment for $155.68 million. M&M Management, also based in Corona Del Mar, Calif., and Cattleman’s Choice, based in Commerce, Calif., and the estate of Cattleman’s deceased owner, Arnie Magidow, and Magidow’s surviving spouse will pay a total of approximately $2.45 million. Magidow’s surviving spouse was named in the lawsuit as a successor in interest to Magidow and is not alleged to have engaged in any wrongdoing. In October 2012, defendants Donald R. Hallmark and Donald W. Hallmark settled allegations for $304,130.
The FCA’s whistleblower provisions, under which HSUS filed the lawsuit, permit a private entity to bring a lawsuit on behalf of the government and to share in any proceeds from the suit. The FCA also allows the government to intervene in the lawsuit, as it has done in this case. As a result of the settlements announced today, HSUS will receive approximately $600,000.
The case was handled by the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Civil Division, Commercial Litigation Branch; in cooperation with the USDA Office of Inspector General. The claims resolved by the settlement are allegations only; there has been no determination of liability.
Wednesday, November 27, 2013
Former Suppliers of Beef to National School Lunch Program Settle Allegations of Improper Practices and Mistreating Cows
Several California companies and individuals that formerly supplied beef to the National School Lunch Program have agreed to settle allegations of inhumane handling of cattle, circumventing appropriate inspection of nonambulatory disabled (“downer”) cattle and false representations regarding their eligibility to process beef, the Justice Department announced today. The announcement follows approval of the last of these settlements by a California probate court.
“Children across the country depend on the National School Lunch Program to provide them with a healthy meal each day, so we all depend on companies providing food to the program to follow the rules designed to ensure those meals are safe to eat,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “The Justice Department will pursue aggressively anyone whose unlawful conduct puts the safety of our food at risk.”
“The contractors who supply beef and other meat products to schools and child-care facilities have a responsibility to provide our nation’s young people with products that come only from healthy and humanely handled animals,” said U.S. Attorney for the Central District of California André Birotte Jr. “This settlement holds accountable businesses that mistreated cows on a regular basis and routinely evaded a critically important USDA inspection procedure that allowed ‘downer cows’ to be processed into food.”
The settlements will conclude a lawsuit initiated by the Humane Society of the United States (HSUS) under the whistleblower provisions of the False Claims Act (FCA) after an HSUS investigator videotaped alleged inhumane cattle handling and improper downer cattle inspection practices at the slaughterhouse and meat processing facility of Westland Meat Co. and Hallmark Meat Packing Co. in Chino, Calif. The government later joined the lawsuit and brought additional claims that the defendants concealed their ineligibility to process beef because a convicted felon, Aaron “Arnie” Magidow, was a partner in and otherwise responsibly connected with the facility’s operations. U.S. Department of Agriculture (USDA) regulations applicable to suppliers of the National School Lunch Program prohibit the inhumane handling of cattle, require the proper inspection and disposition of downer cattle and require suppliers to identify convicted felons who are responsibly connected to the suppliers’ operations.
The National School Lunch Program, administered by the USDA, is a federally assisted meal program operating in public and nonprofit private schools and residential child-care institutions. The program provides nutritionally balanced, low-cost or free lunches to children each school day. All ground beef containing the defendants’ products was recalled as of Feb. 16, 2008, and the defendants no longer supply beef to the National School Lunch Program.
“A top priority for USDA’s Office of Inspector General (OIG) is protecting the integrity of America’s food supply by investigating violations of the Federal Meat Inspection Act,” said USDA-OIG Western Region Special Agent in Charge Lori Chan. “Agents from OIG’s Diamond Bar, Calif., office conducted an extensive investigation of the Hallmark/Westland facility, which supplied ground beef to schools through USDA’s National School Lunch Program. The government’s joint investigation led to one of the largest civil settlements in OIG’s history.”
Under the settlements, Westland Meat Co., based in Corona Del Mar, Calif., and its owner Steve Mendell will pay $240,000, and Westland will enter into a consent judgment for $155.68 million. M&M Management, also based in Corona Del Mar, Calif., and Cattleman’s Choice, based in Commerce, Calif., and the estate of Cattleman’s deceased owner, Arnie Magidow, and Magidow’s surviving spouse will pay a total of approximately $2.45 million. Magidow’s surviving spouse was named in the lawsuit as a successor in interest to Magidow and is not alleged to have engaged in any wrongdoing. In October 2012, defendants Donald R. Hallmark and Donald W. Hallmark settled allegations for $304,130.
The FCA’s whistleblower provisions, under which HSUS filed the lawsuit, permit a private entity to bring a lawsuit on behalf of the government and to share in any proceeds from the suit. The FCA also allows the government to intervene in the lawsuit, as it has done in this case. As a result of the settlements announced today, HSUS will receive approximately $600,000.
The case was handled by the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Civil Division, Commercial Litigation Branch; in cooperation with the USDA Office of Inspector General. The claims resolved by the settlement are allegations only; there has been no determination of liability.
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING NOVEMBER 23, 2013
FROM: U.S. LABOR DEPARTMENT
SEASONALLY ADJUSTED DATA
In the week ending November 23, the advance figure for seasonally adjusted initial claims was 316,000, a decrease of 10,000 from the previous week's revised figure of 326,000. The 4-week moving average was 331,750, a decrease of 7,500 from the previous week's revised average of 339,250.
The advance seasonally adjusted insured unemployment rate was 2.1 percent for the week ending November 16, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending November 16 was 2,776,000, a decrease of 91,000 from the preceding week's revised level of 2,867,000. The 4-week moving average was 2,831,750, a decrease of 22,750 from the preceding week's revised average of 2,854,500.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 363,053 in the week ending November 23, an increase of 37,229 from the previous week. There were 358,869 initial claims in the comparable week in 2012.
The advance unadjusted insured unemployment rate was 2.1 percent during the week ending November 16, an increase of 0.2 percentage point from the prior week. The advance unadjusted number for persons claiming UI benefits in state programs totaled 2,684,088, an increase of 143,750 from the preceding week. A year earlier, the rate was 2.2 percent and the volume was 2,835,628.
The total number of people claiming benefits in all programs for the week ending November 9 was 3,913,729, an increase of 38,437 from the previous week. There were 5,183,962 persons claiming benefits in all programs in the comparable week in 2012.
No state was triggered "on" the Extended Benefits program during the week ending November 9.
Initial claims for UI benefits filed by former Federal civilian employees totaled 1,943 in the week ending November 16, a decrease of 237 from the prior week. There were 2,027 initial claims filed by newly discharged veterans, a decrease of 412 from the preceding week.
There were 19,189 former Federal civilian employees claiming UI benefits for the week ending November 9, a decrease of 785 from the previous week. Newly discharged veterans claiming benefits totaled 31,277, an increase of 413 from the prior week.
States reported 1,304,899 persons claiming Emergency Unemployment Compensation (EUC) benefits for the week ending November 9, an increase of 3,337 from the prior week. There were 2,119,054 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.
The highest insured unemployment rates in the week ending November 16 were in Alaska (4.6), Puerto Rico (3.8), New Jersey (3.2), Virgin Islands (3.1), California (2.8), Connecticut (2.8), Pennsylvania (2.7), Oregon (2.5), Illinois (2.4), and New York (2.4).
The largest increases in initial claims for the week ending November 16 were in Florida (+888), Idaho (+573), Mississippi (+534), Minnesota (+155), and North Dakota (+103), while the largest decreases were in California (-4,644), Michigan (-3,342), Pennsylvania (-3,112), Texas (-2,584), and New York (-2,246).
SEASONALLY ADJUSTED DATA
In the week ending November 23, the advance figure for seasonally adjusted initial claims was 316,000, a decrease of 10,000 from the previous week's revised figure of 326,000. The 4-week moving average was 331,750, a decrease of 7,500 from the previous week's revised average of 339,250.
The advance seasonally adjusted insured unemployment rate was 2.1 percent for the week ending November 16, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending November 16 was 2,776,000, a decrease of 91,000 from the preceding week's revised level of 2,867,000. The 4-week moving average was 2,831,750, a decrease of 22,750 from the preceding week's revised average of 2,854,500.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 363,053 in the week ending November 23, an increase of 37,229 from the previous week. There were 358,869 initial claims in the comparable week in 2012.
The advance unadjusted insured unemployment rate was 2.1 percent during the week ending November 16, an increase of 0.2 percentage point from the prior week. The advance unadjusted number for persons claiming UI benefits in state programs totaled 2,684,088, an increase of 143,750 from the preceding week. A year earlier, the rate was 2.2 percent and the volume was 2,835,628.
The total number of people claiming benefits in all programs for the week ending November 9 was 3,913,729, an increase of 38,437 from the previous week. There were 5,183,962 persons claiming benefits in all programs in the comparable week in 2012.
No state was triggered "on" the Extended Benefits program during the week ending November 9.
Initial claims for UI benefits filed by former Federal civilian employees totaled 1,943 in the week ending November 16, a decrease of 237 from the prior week. There were 2,027 initial claims filed by newly discharged veterans, a decrease of 412 from the preceding week.
There were 19,189 former Federal civilian employees claiming UI benefits for the week ending November 9, a decrease of 785 from the previous week. Newly discharged veterans claiming benefits totaled 31,277, an increase of 413 from the prior week.
States reported 1,304,899 persons claiming Emergency Unemployment Compensation (EUC) benefits for the week ending November 9, an increase of 3,337 from the prior week. There were 2,119,054 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.
The highest insured unemployment rates in the week ending November 16 were in Alaska (4.6), Puerto Rico (3.8), New Jersey (3.2), Virgin Islands (3.1), California (2.8), Connecticut (2.8), Pennsylvania (2.7), Oregon (2.5), Illinois (2.4), and New York (2.4).
The largest increases in initial claims for the week ending November 16 were in Florida (+888), Idaho (+573), Mississippi (+534), Minnesota (+155), and North Dakota (+103), while the largest decreases were in California (-4,644), Michigan (-3,342), Pennsylvania (-3,112), Texas (-2,584), and New York (-2,246).
RECENT U.S. ARMY PHOTOS
FROM: U.S. DEFENSE DEPARTMENT
U.S. soldiers conduct a dismounted patrol from one of their observation points to an Afghan border police checkpoint in Afghanistan's Nangarhar province, Nov. 18, 2013. U.S. Army photo by Sgt. Eric Provost.
U.S. Army Sgt. Michael Weston, center, and his soldiers secure the rear element of a dismounted patrol en route to an Afghan border police checkpoint in Afghanistan's Nangarhar province, Nov. 18, 2013. Weston, a team leader, is assigned to 10th Mountain Division's Company C, 2nd Battalion, 30th Infantry Regiment, 4th Brigade Combat Team. The patrol's purpose was to assess the state of the checkpoint and its current capabilities. U.S. Army photo by Sgt. Eric Provost.
Thursday, November 28, 2013
SECRETARY OF DEFENSE HAGEL'S THANKSGIVING MESSAGE TO SERVICE MEMBERS AND FAMILIES
FROM: U.S. DEFENSE DEPARTMENT
Hagel Issues Thanksgiving Message to Troops, Families
American Forces Press Service
WASHINGTON, Nov. 27, 2013 – Defense Secretary Chuck Hagel offered his gratitude to service members and their families in a Thanksgiving message.
Here is the secretary's message:
One hundred fifty years ago, in the midst of the Civil War, President Abraham Lincoln proclaimed a national day of Thanksgiving. Though it was a time of hardship, Thanksgiving was a day for Americans to express gratitude for the many blessings they enjoyed, including the sacrifices of those serving in uniform and their families. Every year since, Americans have come together during this season to reflect and to give thanks.
As this special American holiday draws near, I want to extend my personal gratitude to the entire Department of Defense community for your work to keep our country strong and secure. Whether you are in uniform or a civilian, whether deployed abroad or stationed here at home, it is your service and commitment that allows Americans to enjoy the blessings of Thanksgiving. Your strength, selflessness, and patriotism are deeply respected by the American people, and we are very thankful for your commitment to our country.This time of year is especially difficult for service members who are serving far away from their families and loved ones. To all those deployed overseas: know that Americans will be thinking about you as they gather around the Thanksgiving table, and praying for your safe return. To their families back here at home: Americans will always be indebted to you for sacrificing on their behalf. And to all DOD personnel everywhere and your families: thank you and happy Thanksgiving.
Hagel Issues Thanksgiving Message to Troops, Families
American Forces Press Service
WASHINGTON, Nov. 27, 2013 – Defense Secretary Chuck Hagel offered his gratitude to service members and their families in a Thanksgiving message.
Here is the secretary's message:
One hundred fifty years ago, in the midst of the Civil War, President Abraham Lincoln proclaimed a national day of Thanksgiving. Though it was a time of hardship, Thanksgiving was a day for Americans to express gratitude for the many blessings they enjoyed, including the sacrifices of those serving in uniform and their families. Every year since, Americans have come together during this season to reflect and to give thanks.
As this special American holiday draws near, I want to extend my personal gratitude to the entire Department of Defense community for your work to keep our country strong and secure. Whether you are in uniform or a civilian, whether deployed abroad or stationed here at home, it is your service and commitment that allows Americans to enjoy the blessings of Thanksgiving. Your strength, selflessness, and patriotism are deeply respected by the American people, and we are very thankful for your commitment to our country.This time of year is especially difficult for service members who are serving far away from their families and loved ones. To all those deployed overseas: know that Americans will be thinking about you as they gather around the Thanksgiving table, and praying for your safe return. To their families back here at home: Americans will always be indebted to you for sacrificing on their behalf. And to all DOD personnel everywhere and your families: thank you and happy Thanksgiving.
PRESIDENT OBAMA'S REMARKS AT DREAM WORKS
FROM: THE WHITE HOUSE
Remarks by the President on the Economy -- DreamWorks
DreamWorks
Glendale, California
12:50 P.M. PST
THE PRESIDENT: Hello, everybody! (Applause.) Oh, it is good to be in L.A.! (Applause.) It is colder in D.C. at the moment, colder in Chicago, and 70-degree weather is something to be thankful for.
And it is great to be at DreamWorks Animation. I would like to work here. (Laughter.) I have asked Jeffrey. The only concern I had was the lights were kind of dim in the offices and -- (laughter) -- I'm pretty sure I'd fall asleep. But there’s a natural connection between me and DreamWorks. I don't know if you know this, but my ears were one of the inspirations for “Shrek.” (Laughter.) That's true. True story.
Mellody was being very modest when she said she had a front-row seat. Mellody was one of my earliest supporters back when nobody could pronounce my name. And her and John Rogers at Arial Capital helped to co-chair some of my first fundraisers. And they’d have to drag some straggly group in, kicking and screaming, and write a check and listen to this young senator who had a lot of ideas but not necessarily any realistic prospects to win. And she went through a lot of ups and downs with me and my career and is just a great, great friend. So I want to thank her publicly for all the support that she’s given us. (Applause.)
We’ve got some folks here who are fighting for the people of Southern California every single day and I just want to acknowledge them. We've got the Mayor of Glendale, Dave Weaver. (Applause.) We've got three of your outstanding members of Congress -- Brad Sherman, Adam Schiff, Karen Bass. They are all doing a great job. (Applause.)
I want to thank all of you for being here. And I want to thank your CEO, Jeffrey Katzenberg, for inviting me. (Applause.) Jeffrey, like Mellody, has been a friend and a supporter through thick and thin. And I think his place in the entertainment industry is legendary -- I don't need to puff him up too much. (Laughter.) He has a healthy sense of self. (Laughter.) But he is a great friend and somebody whose counsel and advice I value. And I'm incredibly grateful to be here at this wonderful institution that he helped to build.
And I’ve come here today because this is one of America’s economic engines. Not just DreamWorks, but this whole cluster of companies that generations have grown up knowing -- Disney and Warner and Universal and others. When you think about it, what finance is to New York, what the auto industry is to the Midwest, what technology is to Northern California, entertainment is to this part of the country.
And most of us have spent a lot of time thinking about our favorite movies or TV shows, but we don’t often think about the entire infrastructure and industry behind the scenes. Hundreds of thousands of middle-class jobs -- they’re not always on the marquee -- jobs for electricians, and carpenters, and sound mixers, and makeup artists, and designers, and animators depend on this incredible industry here in southern California.
Entertainment is one of America’s biggest exports. And every day, you sell a product that’s made in America to the rest of the world. Every time somebody buys movie tickets, or DVDs, or distribution rights to a film, some of that money goes back to the local economy right here.
And believe it or not, entertainment is part of our American diplomacy. It’s part of what makes us exceptional, part of what makes us such a world power. You can go anywhere on the planet and you’ll see a kid wearing a “Madagascar” T-shirt. (Laughter.) You can say, “May the Force be with you” -- they know what you’re talking about. (Laughter.)
Hundreds of millions of people may never set foot in the United States, but thanks to you, they’ve experienced a small part of what makes our country special. They’ve learned something about our values. We have shaped a world culture through you.
And the stories that we tell transmit values and ideals about tolerance and diversity and overcoming adversity, and creativity that are part of our DNA. And as a consequence of what you’ve done, you helped shape the world’s culture in a way that has made the world better.
They might not know the Gettysburg Address, but if they’re watching some old movie, maybe “Guess Who’s Coming to Dinner,” or “The Mary Tyler Moore Show,” or “Will and Grace” and “Modern Family,” they’ve had a front-row seat to our march towards progress, even if their own nations haven’t made that progress yet. And young people in countries all around the world suddenly make a connection and have an affinity to people who don’t look like them and maybe originally they might have been fearful of, and now suddenly they say, oh, this person is like me -- which is one of the powers of art, but that’s what you transmit.
And that is a remarkable legacy. Now, it’s also a big responsibility. When it comes to issues like gun violence, we’ve got to make sure that we’re not glorifying it, because the stories you tell shape our children’s outlook and their lives. Earlier this year, leaders from this town sat down with Vice President Biden to talk about what Hollywood could do to help keep our kids safe. This was in the wake of Sandy Hook. And those conversations need to continue. The stories we tell matter. And you tell stories more powerfully than anybody else on the Earth.
But I want to make clear, even as we think long and hard about the messages we send, we should never waver from our commitment to the freedom that allows us to tell those stories so well. Protecting our First Amendment rights are vital to who we are. And it’s also good business, because in the global race for jobs and industries, the thing we do better than anybody else is creativity. That’s something that can’t be copied. It’s one of the reasons why even with new markets and new technologies, there’s still no better place to make movies and television and music than right here in the United States.
Entertainment is one of the bright spots of our economy. The gap between what we can do and what other countries can do is enormous.
AUDIENCE MEMBER: Woo!
THE PRESIDENT: Yes, that’s worth cheering for. (Applause.) And that means that we’ve got to do what it takes to make sure that this industry, and every great American industry, keeps that competitive edge so that more folks can find career paths like many of you have, and get good middle-class jobs that allow you to support a family and get ahead.
Nothing is more important than that right now. And as Mellody mentioned, when I came into office, we were going through a severe crisis. Five years later, America has largely fought our way back. We’ve made the tough choices required not just to help the economy recover, but to rebuild it on a new foundation for stronger, more durable economic growth.
We refocused on manufacturing and exports, and today, our businesses sell more goods and services made in this country to the rest of the world than ever before. Our manufacturers are adding jobs for the first time since the 1990s, led by an American auto industry that’s come roaring back. American cars are really good now. (Laughter.)
We decided to reverse our dependence on foreign oil. So today, we generate more renewable energy than ever -- doubled our renewable energy -- more natural gas than anybody. For the first time in nearly 20 years, America now produces more of our own oil than we buy from other countries. It’s good news. (Applause.)
When I took office, America invested far less than countries like China did in wireless infrastructure and we’ve now narrowed that gap, and we have helped companies unleash jobs and innovation and become a booming app economy that’s created hundreds of thousands of jobs. Six years ago, only 5 percent of the world’s smartphones ran on American operating systems. Today, more than 80 percent do. (Applause.)
And, yes, we decided to fix a broken health care system. (Applause.) And it’s interesting -- I was talking to some of the studio execs here, and I said, look, the rollout of the new health care marketplace was rough and nobody was more frustrated about the problems with our website than I am. And yet, here in Southern California and here across this state, there are thousands of people every single day who are getting health care for the first time -- for the first time -- because of this. (Applause.) And, by the way, the website is continually working better, so check it out. (Laughter.)
But as a country, we're now poised to gain health coverage for millions of Americans, starting on January 1st, and that includes more than 350,000 here in California who have already signed up. And thanks in part to the Affordable Care Act, health care costs are growing at the slowest rate in 50 years. Employer-based health care costs are growing at about one-third the rate of a decade ago. And that means that if the studios here or your employers aren't having to spend as much on health care, they can hire more folks and reinvest more in the business, and come up with those cool technologies that -- I don’t exactly understand how they work, but -- (laughter) -- were really neat to look at. (Laughter.)
And, by the way, we've done all this while bringing down our deficits. (Applause.) After years of trillion-dollar deficits, we reined in spending. You would think sometimes listening to folks in Washington that we haven't made any progress on that front. We wound down two wars. We changed a tax code that was too skewed towards the wealthiest Americans at the expense of the middle class. You add it all up, we’ve cut our deficits by more than half, and they continue to go down faster than any time since World War II. (Applause.)
So all told, our businesses created 7.8 million new jobs over the past 44 months. America has gone farther, recovered faster than most other industrialized nations. But, as Mellody said, we've got more work to do. The stock market is doing great, corporate profits soaring, but too many Americans aren’t sharing in that success. And everybody here who works at DreamWorks -- a really good place to work. I'm going to ask Jeff if maybe I can work here. (Applause.) But all of you have friends and family and neighbors who aren't as lucky. And you know there are still a lot of folks who are struggling out there. And my top priority is making sure that this country remains a country where everybody who is willing to work hard can get ahead.
And we'd be a lot further along without some of the dysfunction and obstruction we've seen in Washington. (Applause.) We would be a lot further along if we could just get folks to act with some sense -- (laughter) -- if we didn’t have one wing of one party that was a little less obsessed with repealing health care for 40 million people, more concerned with making sure the law works. If they hadn't spent 40 votes trying to repeal the Affordable Care Act, they might have actually taken some votes on rebuilding our infrastructure, or instituting early childhood education for young people across this country, or investing more money in basic research that helps to create the amazing technologies that many of you utilize. Any of the serious proposals I've put forward that would be creating jobs right now, they could have been taking votes on that.
Instead of rooting for failure, or refighting old battles, Republicans in Congress need to work with us to improve those things about the Affordable Care Act that aren't working as well as they should, and implement policies to strengthen the middle class and create jobs. (Applause.)
A couple of weeks ago, House Republican leaders handed out a piece of paper to their members and on the top it said, “Agenda 2014.” I'm not making this up. Below that, it was blank. (Laughter.) It was a blank sheet of paper -- nothing to create jobs or grow the economy or strengthen the middle class.
And I’ve put forward my plans to create new jobs and even the odds for the middle class. And I’ve put forward plans that gives some Republicans some of the things that they want in exchange for ideas that will create good jobs right now. And so far, they won’t consider them.
Some people have heard me say my list of top five movies -- “The Godfather,” one and two, have to be on it. But it turns out Marlon Brando had it easy, because when it comes to Congress, there’s no such thing as an “offer they can’t refuse.” (Laughter.) I mean, I just keep on coming back. (Laughter.) I'm going to keep on trying, though. (Laughter.) I am, because we've got no choice. (Applause.)
The American people agree with us that jobs, growing the economy should be our number-one priority. And we've got to make some investments to make that happen. And we've got to give a better bargain to the middle class and everybody who is working to join the middle class. And that means building on those cornerstones of what makes for a strong middle class -- good jobs, a good education, a home of your own, health care when you get sick, a secure retirement even if you're not rich. So we can help manufacturers bring more jobs back to America by investing in American clean-energy technology, and putting people to work building roads and bridges and schools and high-speed broadband networks that attract businesses from around the world.
We can prepare our children and our workers for the global competition that they’ll face -- expanding high-quality preschool education, redesigning our high schools, investing in community colleges and job training, and tackling rising college costs, so that young people can afford it. We can help responsible homeowners afford a mortgage or refinancing at today’s low rates, help build a rock-solid housing system for decades to come, instead of boom and bust.
We can bring the promise of a secure retirement back to reach for middle-class families, finding new ways to make it easier for workers to save, and strengthening Social Security, and getting immigration reform done so that undocumented workers are paying their fair share of taxes, but they're not living in the shadows -- (applause) -- and we're attracting the best and the brightest from all around the world.
As I was getting a tour of DreamWorks, I didn't ask, but just looking at faces, I could tell there were some folks who are here not because they were born here, but because they want to be here and they bring extraordinary talents to the United States. And that's part of what makes America special. And that's part of what, by the way, makes California special, because it's always been this magnet of dreamers and strivers. And people coming from every direction saying to themselves, you know, if I work hard there I can have my piece of the American Dream.
We're going to continue to make progress on all those fronts. And, yes, we are going to continue to implement the health care law. The product is good. People want it. And we should not live in a country where people are going bankrupt just because they get sick. And anybody who is going to keep on pushing against that, they will meet my resistance, because I am willing to fix any problems that there are, but I'm not going to abandon people to make sure that they've got health insurance in this country. That is not something we're going to do. (Applause.) And the good news is, as I said, thousands of Californians are already signing up.
I read a really powerful story over the weekend I just want to mention about uninsured folks in Kentucky who are signing up in droves in one of the poorest counties in the country. Some of them can't imagine what having health insurance would be like. And you read these stories and you realize how important it is for folks in Kentucky -- a state, by the way, that did not vote for me -- (laughter) -- and if Kentucky can do it, than every state should be able to do it.
We should be able to expand Medicaid all across the country. There are millions of people who, right now, even under the law, may not get health care that they deserve because their governors have refused to do it just for political reasons -- expanding Medicaid. Fortunately, California, obviously, is not one of them. But this is a fight that we're going to keep fighting, because it's worth fighting. And that's what Mellody referred to.
It's true. I'm not an ideological guy, but there are some things I really believe in. And part of what I believe in is that the essence of this country, what makes this place special, is this idea that Hollywood is glorified and held up, but I actually think it’s true that here, more than anyplace else, no matter what you look like, where you come from, what your last name is, who you love, you should be able to make it if you're willing to work hard. That's what I believe. (Applause.)
And there’s certain values that make that a reality. I have my critics, obviously, but since were here in Hollywood, I want to think about something that the late, great Chicago film critic, Robert [Roger] Ebert said -- and I was fortunate to get to know Roger Ebert and was always inspired by how he handled some really tough stuff. “Kindness,” he wrote, “covers all of my political beliefs.” Kindness covers all of my political beliefs.
And when I think about what I'm fighting for, what gets me up every single day, that captures it just about as much as anything. Kindness; empathy -- that sense that I have a stake in your success; that I'm going to make sure, just because Malia and Sasha are doing well, that's not enough -- I want your kids to do well also. And I'm willing to help to build good schools so that they get a great education, even if mine are already getting a great education.
And I'm going to invest in infrastructure and building things like the Golden Gate Bridge and the Hoover Dam and the Internet -- (laughter) -- because I'm investing for the next generation, not just this one. And that's what binds us together, and that's how we've always moved forward, based on the idea that we have a stake in each other’s success. And that's what drives me. And that's what will continue to drive me.
I believe that every kid should have opportunity. I believe our daughters should have the same opportunities as our sons. I believe that Jeffrey’s kids should be able to aspire to whatever they can dream of, but I also want to make sure that the person who’s cleaning up Jeffrey’s office, that their kid has that same possibility.
And we may have different ideas and different policies on how to do things, but that shouldn’t negate that that core vision is what we're fighting for, and we should be able to sit down together and to keep dreaming and keep working, and to make sure that the American Dream that's been described here in Southern California is sustained for generations to come.
And what’s stopping us is not policy details; it’s not technical issues. It’s to summon the courage to put politics aside once in a while and remember that we've got more in common than our politics would suggest. And as long as I've got the privilege of serving as your President, that's what I'm going to keep on making sure that I do -- to put politics aside once in a while and work on your behalf. (Applause.)
So, thank you, DreamWorks, for what you do. (Applause.) Thank you, Jeffrey, for your hospitality. God bless you. God bless America. (Applause.) Can't wait to see your next movie. (Applause.)
Remarks by the President on the Economy -- DreamWorks
DreamWorks
Glendale, California
12:50 P.M. PST
THE PRESIDENT: Hello, everybody! (Applause.) Oh, it is good to be in L.A.! (Applause.) It is colder in D.C. at the moment, colder in Chicago, and 70-degree weather is something to be thankful for.
And it is great to be at DreamWorks Animation. I would like to work here. (Laughter.) I have asked Jeffrey. The only concern I had was the lights were kind of dim in the offices and -- (laughter) -- I'm pretty sure I'd fall asleep. But there’s a natural connection between me and DreamWorks. I don't know if you know this, but my ears were one of the inspirations for “Shrek.” (Laughter.) That's true. True story.
Mellody was being very modest when she said she had a front-row seat. Mellody was one of my earliest supporters back when nobody could pronounce my name. And her and John Rogers at Arial Capital helped to co-chair some of my first fundraisers. And they’d have to drag some straggly group in, kicking and screaming, and write a check and listen to this young senator who had a lot of ideas but not necessarily any realistic prospects to win. And she went through a lot of ups and downs with me and my career and is just a great, great friend. So I want to thank her publicly for all the support that she’s given us. (Applause.)
We’ve got some folks here who are fighting for the people of Southern California every single day and I just want to acknowledge them. We've got the Mayor of Glendale, Dave Weaver. (Applause.) We've got three of your outstanding members of Congress -- Brad Sherman, Adam Schiff, Karen Bass. They are all doing a great job. (Applause.)
I want to thank all of you for being here. And I want to thank your CEO, Jeffrey Katzenberg, for inviting me. (Applause.) Jeffrey, like Mellody, has been a friend and a supporter through thick and thin. And I think his place in the entertainment industry is legendary -- I don't need to puff him up too much. (Laughter.) He has a healthy sense of self. (Laughter.) But he is a great friend and somebody whose counsel and advice I value. And I'm incredibly grateful to be here at this wonderful institution that he helped to build.
And I’ve come here today because this is one of America’s economic engines. Not just DreamWorks, but this whole cluster of companies that generations have grown up knowing -- Disney and Warner and Universal and others. When you think about it, what finance is to New York, what the auto industry is to the Midwest, what technology is to Northern California, entertainment is to this part of the country.
And most of us have spent a lot of time thinking about our favorite movies or TV shows, but we don’t often think about the entire infrastructure and industry behind the scenes. Hundreds of thousands of middle-class jobs -- they’re not always on the marquee -- jobs for electricians, and carpenters, and sound mixers, and makeup artists, and designers, and animators depend on this incredible industry here in southern California.
Entertainment is one of America’s biggest exports. And every day, you sell a product that’s made in America to the rest of the world. Every time somebody buys movie tickets, or DVDs, or distribution rights to a film, some of that money goes back to the local economy right here.
And believe it or not, entertainment is part of our American diplomacy. It’s part of what makes us exceptional, part of what makes us such a world power. You can go anywhere on the planet and you’ll see a kid wearing a “Madagascar” T-shirt. (Laughter.) You can say, “May the Force be with you” -- they know what you’re talking about. (Laughter.)
Hundreds of millions of people may never set foot in the United States, but thanks to you, they’ve experienced a small part of what makes our country special. They’ve learned something about our values. We have shaped a world culture through you.
And the stories that we tell transmit values and ideals about tolerance and diversity and overcoming adversity, and creativity that are part of our DNA. And as a consequence of what you’ve done, you helped shape the world’s culture in a way that has made the world better.
They might not know the Gettysburg Address, but if they’re watching some old movie, maybe “Guess Who’s Coming to Dinner,” or “The Mary Tyler Moore Show,” or “Will and Grace” and “Modern Family,” they’ve had a front-row seat to our march towards progress, even if their own nations haven’t made that progress yet. And young people in countries all around the world suddenly make a connection and have an affinity to people who don’t look like them and maybe originally they might have been fearful of, and now suddenly they say, oh, this person is like me -- which is one of the powers of art, but that’s what you transmit.
And that is a remarkable legacy. Now, it’s also a big responsibility. When it comes to issues like gun violence, we’ve got to make sure that we’re not glorifying it, because the stories you tell shape our children’s outlook and their lives. Earlier this year, leaders from this town sat down with Vice President Biden to talk about what Hollywood could do to help keep our kids safe. This was in the wake of Sandy Hook. And those conversations need to continue. The stories we tell matter. And you tell stories more powerfully than anybody else on the Earth.
But I want to make clear, even as we think long and hard about the messages we send, we should never waver from our commitment to the freedom that allows us to tell those stories so well. Protecting our First Amendment rights are vital to who we are. And it’s also good business, because in the global race for jobs and industries, the thing we do better than anybody else is creativity. That’s something that can’t be copied. It’s one of the reasons why even with new markets and new technologies, there’s still no better place to make movies and television and music than right here in the United States.
Entertainment is one of the bright spots of our economy. The gap between what we can do and what other countries can do is enormous.
AUDIENCE MEMBER: Woo!
THE PRESIDENT: Yes, that’s worth cheering for. (Applause.) And that means that we’ve got to do what it takes to make sure that this industry, and every great American industry, keeps that competitive edge so that more folks can find career paths like many of you have, and get good middle-class jobs that allow you to support a family and get ahead.
Nothing is more important than that right now. And as Mellody mentioned, when I came into office, we were going through a severe crisis. Five years later, America has largely fought our way back. We’ve made the tough choices required not just to help the economy recover, but to rebuild it on a new foundation for stronger, more durable economic growth.
We refocused on manufacturing and exports, and today, our businesses sell more goods and services made in this country to the rest of the world than ever before. Our manufacturers are adding jobs for the first time since the 1990s, led by an American auto industry that’s come roaring back. American cars are really good now. (Laughter.)
We decided to reverse our dependence on foreign oil. So today, we generate more renewable energy than ever -- doubled our renewable energy -- more natural gas than anybody. For the first time in nearly 20 years, America now produces more of our own oil than we buy from other countries. It’s good news. (Applause.)
When I took office, America invested far less than countries like China did in wireless infrastructure and we’ve now narrowed that gap, and we have helped companies unleash jobs and innovation and become a booming app economy that’s created hundreds of thousands of jobs. Six years ago, only 5 percent of the world’s smartphones ran on American operating systems. Today, more than 80 percent do. (Applause.)
And, yes, we decided to fix a broken health care system. (Applause.) And it’s interesting -- I was talking to some of the studio execs here, and I said, look, the rollout of the new health care marketplace was rough and nobody was more frustrated about the problems with our website than I am. And yet, here in Southern California and here across this state, there are thousands of people every single day who are getting health care for the first time -- for the first time -- because of this. (Applause.) And, by the way, the website is continually working better, so check it out. (Laughter.)
But as a country, we're now poised to gain health coverage for millions of Americans, starting on January 1st, and that includes more than 350,000 here in California who have already signed up. And thanks in part to the Affordable Care Act, health care costs are growing at the slowest rate in 50 years. Employer-based health care costs are growing at about one-third the rate of a decade ago. And that means that if the studios here or your employers aren't having to spend as much on health care, they can hire more folks and reinvest more in the business, and come up with those cool technologies that -- I don’t exactly understand how they work, but -- (laughter) -- were really neat to look at. (Laughter.)
And, by the way, we've done all this while bringing down our deficits. (Applause.) After years of trillion-dollar deficits, we reined in spending. You would think sometimes listening to folks in Washington that we haven't made any progress on that front. We wound down two wars. We changed a tax code that was too skewed towards the wealthiest Americans at the expense of the middle class. You add it all up, we’ve cut our deficits by more than half, and they continue to go down faster than any time since World War II. (Applause.)
So all told, our businesses created 7.8 million new jobs over the past 44 months. America has gone farther, recovered faster than most other industrialized nations. But, as Mellody said, we've got more work to do. The stock market is doing great, corporate profits soaring, but too many Americans aren’t sharing in that success. And everybody here who works at DreamWorks -- a really good place to work. I'm going to ask Jeff if maybe I can work here. (Applause.) But all of you have friends and family and neighbors who aren't as lucky. And you know there are still a lot of folks who are struggling out there. And my top priority is making sure that this country remains a country where everybody who is willing to work hard can get ahead.
And we'd be a lot further along without some of the dysfunction and obstruction we've seen in Washington. (Applause.) We would be a lot further along if we could just get folks to act with some sense -- (laughter) -- if we didn’t have one wing of one party that was a little less obsessed with repealing health care for 40 million people, more concerned with making sure the law works. If they hadn't spent 40 votes trying to repeal the Affordable Care Act, they might have actually taken some votes on rebuilding our infrastructure, or instituting early childhood education for young people across this country, or investing more money in basic research that helps to create the amazing technologies that many of you utilize. Any of the serious proposals I've put forward that would be creating jobs right now, they could have been taking votes on that.
Instead of rooting for failure, or refighting old battles, Republicans in Congress need to work with us to improve those things about the Affordable Care Act that aren't working as well as they should, and implement policies to strengthen the middle class and create jobs. (Applause.)
A couple of weeks ago, House Republican leaders handed out a piece of paper to their members and on the top it said, “Agenda 2014.” I'm not making this up. Below that, it was blank. (Laughter.) It was a blank sheet of paper -- nothing to create jobs or grow the economy or strengthen the middle class.
And I’ve put forward my plans to create new jobs and even the odds for the middle class. And I’ve put forward plans that gives some Republicans some of the things that they want in exchange for ideas that will create good jobs right now. And so far, they won’t consider them.
Some people have heard me say my list of top five movies -- “The Godfather,” one and two, have to be on it. But it turns out Marlon Brando had it easy, because when it comes to Congress, there’s no such thing as an “offer they can’t refuse.” (Laughter.) I mean, I just keep on coming back. (Laughter.) I'm going to keep on trying, though. (Laughter.) I am, because we've got no choice. (Applause.)
The American people agree with us that jobs, growing the economy should be our number-one priority. And we've got to make some investments to make that happen. And we've got to give a better bargain to the middle class and everybody who is working to join the middle class. And that means building on those cornerstones of what makes for a strong middle class -- good jobs, a good education, a home of your own, health care when you get sick, a secure retirement even if you're not rich. So we can help manufacturers bring more jobs back to America by investing in American clean-energy technology, and putting people to work building roads and bridges and schools and high-speed broadband networks that attract businesses from around the world.
We can prepare our children and our workers for the global competition that they’ll face -- expanding high-quality preschool education, redesigning our high schools, investing in community colleges and job training, and tackling rising college costs, so that young people can afford it. We can help responsible homeowners afford a mortgage or refinancing at today’s low rates, help build a rock-solid housing system for decades to come, instead of boom and bust.
We can bring the promise of a secure retirement back to reach for middle-class families, finding new ways to make it easier for workers to save, and strengthening Social Security, and getting immigration reform done so that undocumented workers are paying their fair share of taxes, but they're not living in the shadows -- (applause) -- and we're attracting the best and the brightest from all around the world.
As I was getting a tour of DreamWorks, I didn't ask, but just looking at faces, I could tell there were some folks who are here not because they were born here, but because they want to be here and they bring extraordinary talents to the United States. And that's part of what makes America special. And that's part of what, by the way, makes California special, because it's always been this magnet of dreamers and strivers. And people coming from every direction saying to themselves, you know, if I work hard there I can have my piece of the American Dream.
We're going to continue to make progress on all those fronts. And, yes, we are going to continue to implement the health care law. The product is good. People want it. And we should not live in a country where people are going bankrupt just because they get sick. And anybody who is going to keep on pushing against that, they will meet my resistance, because I am willing to fix any problems that there are, but I'm not going to abandon people to make sure that they've got health insurance in this country. That is not something we're going to do. (Applause.) And the good news is, as I said, thousands of Californians are already signing up.
I read a really powerful story over the weekend I just want to mention about uninsured folks in Kentucky who are signing up in droves in one of the poorest counties in the country. Some of them can't imagine what having health insurance would be like. And you read these stories and you realize how important it is for folks in Kentucky -- a state, by the way, that did not vote for me -- (laughter) -- and if Kentucky can do it, than every state should be able to do it.
We should be able to expand Medicaid all across the country. There are millions of people who, right now, even under the law, may not get health care that they deserve because their governors have refused to do it just for political reasons -- expanding Medicaid. Fortunately, California, obviously, is not one of them. But this is a fight that we're going to keep fighting, because it's worth fighting. And that's what Mellody referred to.
It's true. I'm not an ideological guy, but there are some things I really believe in. And part of what I believe in is that the essence of this country, what makes this place special, is this idea that Hollywood is glorified and held up, but I actually think it’s true that here, more than anyplace else, no matter what you look like, where you come from, what your last name is, who you love, you should be able to make it if you're willing to work hard. That's what I believe. (Applause.)
And there’s certain values that make that a reality. I have my critics, obviously, but since were here in Hollywood, I want to think about something that the late, great Chicago film critic, Robert [Roger] Ebert said -- and I was fortunate to get to know Roger Ebert and was always inspired by how he handled some really tough stuff. “Kindness,” he wrote, “covers all of my political beliefs.” Kindness covers all of my political beliefs.
And when I think about what I'm fighting for, what gets me up every single day, that captures it just about as much as anything. Kindness; empathy -- that sense that I have a stake in your success; that I'm going to make sure, just because Malia and Sasha are doing well, that's not enough -- I want your kids to do well also. And I'm willing to help to build good schools so that they get a great education, even if mine are already getting a great education.
And I'm going to invest in infrastructure and building things like the Golden Gate Bridge and the Hoover Dam and the Internet -- (laughter) -- because I'm investing for the next generation, not just this one. And that's what binds us together, and that's how we've always moved forward, based on the idea that we have a stake in each other’s success. And that's what drives me. And that's what will continue to drive me.
I believe that every kid should have opportunity. I believe our daughters should have the same opportunities as our sons. I believe that Jeffrey’s kids should be able to aspire to whatever they can dream of, but I also want to make sure that the person who’s cleaning up Jeffrey’s office, that their kid has that same possibility.
And we may have different ideas and different policies on how to do things, but that shouldn’t negate that that core vision is what we're fighting for, and we should be able to sit down together and to keep dreaming and keep working, and to make sure that the American Dream that's been described here in Southern California is sustained for generations to come.
And what’s stopping us is not policy details; it’s not technical issues. It’s to summon the courage to put politics aside once in a while and remember that we've got more in common than our politics would suggest. And as long as I've got the privilege of serving as your President, that's what I'm going to keep on making sure that I do -- to put politics aside once in a while and work on your behalf. (Applause.)
So, thank you, DreamWorks, for what you do. (Applause.) Thank you, Jeffrey, for your hospitality. God bless you. God bless America. (Applause.) Can't wait to see your next movie. (Applause.)
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