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Smithfield Foods and Premium Standard Farms Charged with Illegal Premerger Coordination

The settlement requires the companies to pay a total of $900,000 in civil penalties for violating premerger waiting period requirements.



  • OPA Press Releases

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Attorney General Holder Recognizes Nine Individuals, One Organization, for Outstanding Service to Crime Victims

The Attorney General’s annual victims’ service awards are presented as a prelude to the nation’s observance of National Crime Victims’ Rights Week, April 18-April 24, 2010.



  • OPA Press Releases

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Justice Department Makes the 2010 ADA Standards for Accessible Design Available to Online Viewers Nationwide

The Justice Department today made available online the 2010 ADA Standards for Accessible Design (2010 Standards or Standards).



  • OPA Press Releases

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Viktor Bout Extradited to the United States to Stand Trial on Terrorism Charges

After more than two years of legal proceedings, alleged international arms dealer Viktor Bout has been extradited to the Southern District of New York from Thailand to stand trial on terrorism charges.



  • OPA Press Releases

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Assistant Attorney General Tony West Speaks at the ABA Standing Committee on Law and National Security Breakfast

"It’s a pleasure to be here with you to talk about the work we’re doing in the Civil Division to promote and protect the Nation’s national security interests," said Assistant Attorney General West.




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Los Angeles Man Pleads Guilty to Conspiracy to Violate the Clean Air Act’s Asbestos Work Practice Standards

John Bostick pleaded guilty today to conspiracy to violate the Clean Air Act’s asbestos work practice standards during the renovation of a 204-unit apartment building in Winnetka, Calif., in 2006.



  • OPA Press Releases

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Mississippi Companies to Pay $2 Million for Selling Thousands of Engines from China That Failed to Meet Clean Air Act Standards

Mississippi-based PowerTrain Inc., Wood Sales Inc., and Tool Mart Inc., (collectively known as “PowerTrain”) will jointly pay a civil penalty of $2 million to resolve claims that the company imported and sold almost 80,000 nonroad engines and equipment that were not covered by emissions-related certificates of conformity, and in most cases could not be certified because they exceeded emissions standards under the Clean Air Act.



  • OPA Press Releases

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Attorney General Holder Recognizes Seven Individuals, Three Organizations for Outstanding Service to Crime Victims

Attorney General Eric Holder today at an awards ceremony hosted by the Department of Justice recognized seven individuals and three organizations for outstanding work on behalf of crime victims.



  • OPA Press Releases

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Department of Justice and Federal Trade Commission Sign Antitrust Memorandum of Understanding with Chinese Antitrust Agencies

Assistant Attorney General Christine Varney of the Antitrust Division and Federal Trade Commission Chairman Jon Leibowitz today signed an antitrust memorandum of understanding with China’s three antitrust agencies to promote communication and cooperation among the agencies in the two countries.



  • OPA Press Releases

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Assistant Attorney General Varney Delivers Remarks at Signing of Memorandum of Understanding with Chinese Antitrust Agencies

"By establishing a framework for enhanced cooperation among our agencies, the Memorandum of Understanding also allows us to move to the next chapter in our collaboration on competition law and policy matters," said Assistant Attorney General Varney.




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Justice Department’s 2010 ADA Standards for Accessible Design Go into Effect

The Justice Department announced that the 2010 ADA Standards for Accessible Design go into effect today.



  • OPA Press Releases

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Justice Department Extends Compliance Deadline for Existing Pools Under the 2010 ADA Standards

The Justice Department announced today an extension for existing swimming pools to comply with the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design. Existing pools must comply with the standards by Jan. 31, 2013.



  • OPA Press Releases

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Deputy Attorney General James M. Cole Speaks at the U.S. Conference of Mayors’ Criminal and Social Justice Standing Committee Meeting

"This coordinated approach to finding solutions involves more than just enforcement -- we must also direct our efforts to prevent the occurrence of crime in the first place, provide support through intervention programs, and provide individuals reentering our communities from jails and prisons with the tools they need to succeed and turn away from crime," said Deputy Attorney General Cole.




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Justice Department Reaches Settlement Agreement in Longstanding Alabama Desegregation Case

The Justice Department announced today that it reached a settlement agreement with the Fort Payne City School District in Alabama and private plaintiffs in a longstanding school desegregation case. The parties filed a proposed consent order in the federal district court in Birmingham, Ala.



  • OPA Press Releases

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Court Approves Consent Order in Long-Standing Louisiana School Desegregation Case

The U.S. District Court for the Western District of Louisiana has approved a consent order in United States v. West Carroll Parish School Board, a long-standing school desegregation case, the Justice Department announced. The consent decree comes after an in-depth review by the department of the West Carroll Parish School District's compliance with its outstanding desegregation obligations.



  • OPA Press Releases

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Court Approves Comprehensive Assignment Plan in Longstanding Tennessee Desegregation Case

The U.S. District Court for the Western District of Tennessee today approved a comprehensive consent order in McFerren v. County Board of Education of Fayette County, which the Department of Justice negotiated with the Board of Education of Fayette County, Tennessee and the NAACP Legal Defense & Education Fund to desegregate the Fayette County public schools.



  • OPA Press Releases

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Justice Department Requires Divestitures in Order for Standard Parking Corp. to Proceed with Its Acquisition of Central Parking Corp.

The Department of Justice announced today that it will require Standard Parking Corporation and Central Parking Corporation to divest their interests in certain off-street parking facilities in 29 cities in 21 states in order to proceed with Standard’s acquisition of Central.



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Department of Justice and Federal Trade Commission Sign Memorandum of Understanding with Indian Competition Authorities

The U.S. Department of Justice and Federal Trade Commission (FTC) signed an antitrust memorandum of understanding (MOU) with the Government of India Ministry of Corporate Affairs and the Competition Commission of India (CCI) to promote increased cooperation and communication among competition agencies in both countries.



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Justice Department Obtains Comprehensive Agreement to Resolve Long Standing Litigation Regarding the Rights of People with Developmental Disabilities

Today, the Justice Department announced that yesterday afternoon it filed in federal court a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC).



  • OPA Press Releases

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Assistant Attorney General Lisa Monaco Speaks at the ABA Standing Committee on Law and National Security Breakfast Event

“Above all, our goal is to serve as practical problem solvers on the operational, legal, and policy questions we confront with our partners, and to keep pace with an evolving threat, while ensuring that we do so consistent with the rule of law and civil liberties,” said Assistant Attorney General Monaco.




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Department of Justice Sues Standard &s for Fraud in Rating Mortgage-Backed Securities in the Years Leading Up to the Financial Crisis

Attorney General Eric Holder announced today that the Department of Justice has filed a civil lawsuit against the credit rating agency Standard &s Ratings Services alleging that S&P engaged in a scheme to defraud investors in structured financial products known as Residential Mortgage-Backed Securities and Collateralized Debt Obligations.



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Department of Justice and National Institute of Standards and Technology Announce Launch of National Commission on Forensic Science

The U.S. Department of Justice and the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) announced today the establishment of a National Commission on Forensic Science as part of a new initiative to strengthen and enhance the practice of forensic science.



  • OPA Press Releases

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Justice Department Releases Updated Protocol to Improve Standards for Responding to Rape and Sexual Assault

Attorney General Eric Holder today announced a revised version of the National Protocol for Sexual Assault Medical Forensic Examinations (SAFE Protocol, 2d.) The SAFE Protocol is a voluntary best practices guide to conducting sexual assault medical forensic examinations protocols.



  • OPA Press Releases

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Bosnian National Extradited to Stand Trial for Murder and Torture

The United States has extradited Sulejman Mujagic, a citizen of Bosnia and Herzegovina and a resident of Utica, N.Y., to stand trial in Bosnia for charges relating to the torture and murder of one prisoner of war and the torture of another during the armed conflict in Bosnia.



  • OPA Press Releases

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Justice Department Enters into Memorandum of Understanding with National Labor Relations Board

The Justice Department announced today that the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board.



  • OPA Press Releases

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Court Approves Comprehensive Assignment Plan in Longstanding Tennessee Desegregation Case

Today, the U.S. District Court for the Western District of Tennessee approved a comprehensive consent order in McFerren v. County Board of Education of Fayette County, which the Department of Justice negotiated with the Board of Education of Fayette County, Tenn., and the NAACP Legal Defense & Educational Fund to desegregate the Fayette County public schools.



  • OPA Press Releases

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APCO Liquidating Trust to Pay United States $14 Million in Cost Recoveries to Settle Longstanding Bankruptcy Litigation

The U.S. Bankruptcy Court for the District of Delaware approved a settlement agreement today between the United States and the APCO Liquidating Trust (a successor in interest to APCO Oil Corporation). The settlement follows seven years of litigation concerning the APCO Liquidating Trust’s liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”) for costs incurred by the U.S. Environmental Protection Agency (EPA) for the ongoing cleanup of the Oklahoma Refining Company (ORC) Superfund Site located in Cyril, Okla.



  • OPA Press Releases

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Statement of the Department of Justice Antitrust Division on Its Decision to Close Its Investigation of Samsung’s Use of Its Standards-Essential Patents

The Department of Justice’s Antitrust Division issued a statement after announcing the closing of its investigation into Samsung Electronics Co. Ltd.’s use of its portfolio of standards-essential patents that it had committed to license to industry participants on fair, reasonable, and non-discriminatory terms (SEPs) to exclude certain Apple, Inc. products from the U.S. market.



  • OPA Press Releases

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Attorney General Holder Urges Congress to Create National Standard for Reporting Cyberattacks

In a video message released today, Attorney General Eric Holder called on Congress to create a strong, national standard for quickly alerting consumers whose information may be compromised by cyberattacks. This legislation would strengthen the Justice Department's ability to combat crime, ensure individual privacy, and prevent identity theft, while also helping to bring cybercriminals to justice.



  • OPA Press Releases

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FDA DOC vs general use of consensus standard

From : Communities>>Regulatory Open Forum
This message was posted by a user wishing to remain anonymous Dear RAPS members, I am preparing a submission for a device that has no special controls and we have identified the following standards to name a few. 62304-  ANSI AAMI IEC   62304:2006/A1:2016 62366-1:2015-  Medical Devices - Part 1: Application Of Usability Engineering To Medical Devices 14971- Medical Devices - Applications Of Risk Management To Medical Devices I am trying to see what approach will be good. Should I prepare a DOC or [More]




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RE: FDA DOC vs general use of consensus standard

From : Communities>>Regulatory Open Forum
This message was posted by a user wishing to remain anonymous I'd recommend a statement that you are using these standards as general use. A Declaration of Conformity allows you to submit less testing information, but FDA still may request it. In the case of the standards you mentioned, FDA will require that information (e.g. software documentation, risk management, etc). So I would not bother with the DoC as you still have to submit all that material. Here was a nice thread discussing the topic [More]




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RE: FDA DOC vs general use of consensus standard

From : Communities>>Regulatory Open Forum
Hello Anonymous  You will be generating software documents (which is data of a sort), in accordance  with  ANSI-AAMI IEC 62304, and there is output from ISO 14971 which goes into the submission.   I just think DoCs are wasteful busy time and would do as few as possible. Regarding IEC 62366-1, maybe if you want mention it and do a DoC, but if the device  usability  study is not required in a submission don't  put it in there unless asked.  Just my opinion. Biocompatibility if used, is generating test [More]




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RE: FDA DOC vs general use of consensus standard

From : Communities>>Regulatory Open Forum
Hello, I agree with Ginger, when you look at standards there will most likely be an output of documents from following those standards, i.e. risk management file, usability report, all the software documentation.  These would be included in the different sections of the 510(k) so you can claim them as recognised standards you are following.  I have mentioned in previous posts, we take a simple approach for the declaration of conformity to standards that is a small table describing what we are complying, [More]




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Canadians kept in the dark over substandard medicines

Posted by Roger Bate A Star Newspaper investigation of drug quality in Canada (see here) demonstrates the risks patients in rich nations like Canada run from receiving poor quality medicines, especially imported from India. What is most worrying is the lack of transparency at some western health agencies. What the investigation shows is that Health Canada has hidden information about problems with medications. While it is true that educated people occasionally make bad medicine choices (think [...]




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WHO to ignore powerful producers of substandard medicine

Posted by Roger BateThe World Health Organization just posted its new report on inferior medicines (http://apps.who.int/gb/ebwha/pdf_files/WHA68/A68_33-en.pdf). It is called the member state mechanism (MSM) report on Substandard/spurious/falsely-labelled/falsified/counterfeit medical products - SSFFC for short. This report is the culmination of multiple meetings of health bureaucrats to finalize how to combat inferior medicines. Or rather that is what one hoped for when the SSFFC process began [...]




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Why It's So Hard to Junk Bad Decisions—Edging Closer to Understanding “Sunk Cost”

Humans, rats and mice all exhibit the decision-making phenomenon, but new research suggests not all choices are equally vulnerable to it




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SIN List criticism based on misunderstandings




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A standardized patient-centered characterization of the phenotypic spectrum of <i>PCDH19</i> girls clustering epilepsy




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Standing With Gandhi in Ahmedabad, Hindustan Times

On 30th January I was in Ahmedabad, a city that was central to Mahatma Gandhi’s life and work. It was here that he established the most celebrated of his ashrams, on the banks of the Sabarmati River; here that he revised and refined his moral and political philosophy; here that he conceived and planned the [...]




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Mitigating osteonecrosis of the jaw (ONJ) through preventive dental care and understanding of risk factors




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Understanding and Supporting Feminisms in the Middle East

The idea for a workshop on feminisms in the Middle East materialized at an MEI-hosted book launch for Nermin Allam (Rutgers University-Newark), “Women and the Egyptian Revolution,” in fall 2018. Over the subsequent dinner, Allam, Leila Ahmed (Harvard Divinity School), Tarek Masoud (MEI Faculty Director), and current and former MEI research fellows Lihi Ben Shitrit, Yuree Noh, and Hind Ahmed Zaki discussed extensively new trends in feminism and gender activism in the Middle East post-Arab Spring. Such a talk over dinner, naturally, was insufficient.




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Mercedes understands pit lane tyre incident

Ross Brawn says that his Mercedes team understands why Nico Rosberg's wheel came off in the pit lane during the Hungarian Grand Prix




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Taiwan stands up to Xi

Taiwan can seem like the third rail of international diplomacy. If a country wants a good relationship with China, Beijing has effectively stated, it cannot have a meaningful relationship with Taiwan. Just this week, the city of Shanghai broke off official contacts with the city of Prague for signing a partnership treaty with Taipei. Beijing…

       




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The U.S. Financial and Economic Crisis: Where Does It Stand and Where Do We Go From Here?

INTRODUCTION

The Obama administration needs to focus on executing its existing financial rescue plans, keep the TARP focused on the banking sector, and create a contingency plan should the banking system destabilize again.

Crystal balls are dangerous, especially when it comes to economic predictions, which is why it is important for the administration to chart a path forward. Public policy must remain focused on the very real possibility that the apparent easing in the economy’s decline may be followed by little or no growth for several quarters and there could possibly be another negative turn. One of the risks is that the United States is very connected to the rest of the world, most of which is in severe recession. The global economy could be a significant drag on U.S. growth.

Cautious optimism should be the order of the day. We fear that the recent reactions of the financial markets and of some analysts carry too much of the optimism without recognizing enough of the uncertainty. There remains a lot of uncertainty and policymakers should not rest on their laurels or turn to other policies, even if they look more exciting. It is vital to follow through on the current financial rescue plans and to have well-conceived contingency plans in case there is another dip down.

We propose three recommendations for the financial rescue plans:

  • Focus on execution of existing programs. The Administration has created programs to deal with each of the key elements necessary to solve the financial crisis. All of them have significant steps remaining and some of them have not even started yet, such as the programs to deal with toxic assets. As has been demonstrated multiple times now since October 2008, these are complex programs that require a great deal of attention. It is time to execute rather than to create still more efforts.
  • Resist the temptation to allocate money from the TARP to other uses—it is essential to maintain a reserve of Congressionally-authorized funds in case they are needed for the banks. It would be difficult to overemphasize the remaining uncertainties about bank solvency as they navigate what will remain a rough year or more. The banks could easily need another $300 billion of equity capital and might need still more. It is essential that the administration have the ammunition readily available.
  • Third, make sure there is a contingency plan to deal with a major setback for the banking system. The plan needs broad support within the administration and among regulators and, ideally, from key congressional leaders. We probably won’t need it, but there is too high a chance that we will require it for us to remain without one. The country cannot afford even the appearance of the ad hoc and changing nature of the responses that were evident last fall.
We also give the administration a thumbs-up for their bank recapitalization as well as the TALF program, while they are much more skeptical of the Treasury’s approaches to toxic assets. The authors also believe it is time to focus on the truly mind-blowing budget deficits given the danger that markets will not be able to absorb the amount of government borrowing needed without triggering a rise in U.S. interest rates and perhaps an unstable decline in the value of the dollar, nor do they believe there should be a another fiscal stimulus except under extreme circumstances.

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Where Do You Stand in the Global Love Ranking?


Paris and Rome may be famous for romance, but it’s Filipinos who get the most love. That, at least, is a conclusion that can be drawn from a global love survey conducted by the Gallup Organization.

In our latest column for Bloomberg View, we mine the unique Gallup data for insights into the nature of love and its relationship to nationality, age, money and economic development. The survey, conducted in 136 countries, posed the question: “Did you experience love for a lot of the day yesterday?”

In honor of Valentine’s Day, we thought readers might be interested in seeing the full ranking. So here goes. The first number after each country name is the percentage of respondents who said they had experienced love the previous day. The second (in parentheses) is the sample size for the country.

  1. Philippines 93% (2193)
  2. Rwanda 92% (1495)
  3. Puerto Rico 90% (495)
  4. Hungary 89% (1002)
  5. Cyprus 88% (988)
  6. Trinidad and Tobago 88% (506)
  7. Paraguay 87% (1986)
  8. Lebanon 86% (970)
  9. Costa Rica 85% (1985)
  10. Cambodia 85% (1961)
  11. Nigeria 84% (1965)
  12. Guyana 83% (486)
  13. Spain 83% (998)
  14. Mexico 82% (989)
  15. Tanzania 82% (1941)
  16. Ecuador 82% (2126)
  17. Jamaica 82% (534)
  18. Venezuela 82% (997)
  19. Cuba 82% (978)
  20. Brazil 82% (1038)
  21. Laos 81% (1947)
  22. Argentina 81% (1985)
  23. Belgium 81% (1015)
  24. Canada 81% (1006)
  25. Greece 81% (996)
  26. U.S. 81% (1224)
  27. Denmark 80% (1003)
  28. Portugal 80% (995)
  29. Netherlands 80% (993)
  30. Vietnam 79% (1901)
  31. New Zealand 79% (1775)
  32. Italy 79% (1000)
  33. Colombia 79% (1994)
  34. Madagascar 78% (998)
  35. Uruguay 78% (1969)
  36. Turkey 78% (985)
  37. Dominican Republic 78% (1976)
  38. United Arab Emirates 77% (961)
  39. Saudi Arabia 77% (978)
  40. Chile 76% (1982)
  41. Malawi 76% (1997)
  42. Ghana 76% (1986)
  43. South Africa 76% (1968)
  44. Australia 76% (1199)
  45. Panama 75% (1995)
  46. Zambia 74% (1971)
  47. Kenya 74% (1965)
  48. Namibia 74% (996)
  49. Nicaragua 74% (1988)
  50. Germany 74% (1214)
  51. Ireland 74% (992)
  52. Sweden 74% (993)
  53. U.K. 74% (1200)
  54. Switzerland 74% (986)
  55. Montenegro 74% (800)
  56. Austria 73% (984)
  57. France 73% (1217)
  58. Kuwait 73% (934)
  59. Finland 73% (993)
  60. El Salvador 73% (2000)
  61. Pakistan 73% (2253)
  62. Zimbabwe 72% (1989)
  63. Honduras 72% (1947)
  64. Peru 72% (1982)
  65. Egypt 72% (1024)
  66. Serbia 72% (1474)
  67. Bosnia and Herzegovina 72% (1896)
  68. Sierra Leone 71% (1986)
  69. India 71% (3140)
  70. Taiwan 71% (984)
  71. Bangladesh 70% (2200)
  72. Belize 70% (464)
  73. Croatia 69% (958)
  74. Macedonia 69% (1000)
  75. Mozambique 69% (996)
  76. Bolivia 69% (1948)
  77. Liberia 68% (988)
  78. Iran 68% (963)
  79. China 68% (7206)
  80. Slovenia 68% (1000)
  81. Haiti 68% (471)
  82. Norway 67% (992)
  83. Sri Lanka 67% (1974)
  84. Poland 67% (939)
  85. Guatemala 67% (1988)
  86. Uganda 66% (1961)
  87. Sudan 66% (971)
  88. Israel 66% (957)
  89. Kosovo 65% (983)
  90. Thailand 65% (2377)
  91. Jordan 65% (998)
  92. Albania 64% (855)
  93. Guinea 62% (952)
  94. Botswana 62% (999)
  95. Angola 62% (957)
  96. Burkina Faso 62% (1876)
  97. Malaysia 61% (2115)
  98. Mali 61% (984)
  99. Niger 61% (1925)
  100. Palestinian Territories 61% (991)
  101. Romania 61% (937)
  102. Senegal 61% (1805)
  103. Indonesia 61% (2013)
  104. Afghanistan 60% (1128)
  105. Hong Kong 60% (789)
  106. Cameroon 59% (1967)
  107. Japan 59% (1138)
  108. Nepal 59% (1965)
  109. Bulgaria 59% (927)
  110. Slovakia 58% (991)
  111. Singapore 58% (3002)
  112. Czech Republic 58% (992)
  113. Mauritania 57% (1960)
  114. Benin 56% (974)
  115. South Korea 56% (2056)
  116. Myanmar 55% (1047)
  117. Latvia 54% (1942)
  118. Togo 54% (988)
  119. Estonia 53% (1800)
  120. Lithuania 50% (1863)
  121. Russia 50% (4667)
  122. Chad 49% (1915)
  123. Yemen 48% (959)
  124. Ukraine 48% (1930)
  125. Ethiopia 48% (1913)
  126. Azerbaijan 47% (1824)
  127. Tajikistan 47% (1847)
  128. Moldova 46% (1937)
  129. Kazakhstan 45% (1871)
  130. Morocco 43% (1011)
  131. Belarus 43% (1992)
  132. Georgia 43% (1904)
  133. Kyrgyzstan 34% (1969)
  134. Mongolia 32% (928)
  135. Uzbekistan 32% (962)
  136. Armenia 29% (1954)

Note: This content was first published on Bloomberg View on February 13, 2013.

Publication: Bloomberg
Image Source: © Eduard Korniyenko / Reuters
     
 
 




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Making apartments more affordable starts with understanding the costs of building them

During the decade between the Great Recession and the coronavirus pandemic, the U.S. experienced a historically long economic expansion. Demand for rental housing grew steadily over those years, driven by demographic trends and a strong labor market. Yet the supply of new rental housing did not keep up with demand, leading to rent increases that…

       




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Making apartments more affordable starts with understanding the costs of building them

During the decade between the Great Recession and the coronavirus pandemic, the U.S. experienced a historically long economic expansion. Demand for rental housing grew steadily over those years, driven by demographic trends and a strong labor market. Yet the supply of new rental housing did not keep up with demand, leading to rent increases that…

       




stand

Making apartments more affordable starts with understanding the costs of building them

During the decade between the Great Recession and the coronavirus pandemic, the U.S. experienced a historically long economic expansion. Demand for rental housing grew steadily over those years, driven by demographic trends and a strong labor market. Yet the supply of new rental housing did not keep up with demand, leading to rent increases that…

       




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Long-range stand-off does not make sense, nor do its proposed numbers


The U.S. military will carry out a major modernization of its strategic nuclear forces in the 2020s.

It will cover all three legs of the strategic triad.

Much of the planned program makes sense. The long-range standoff (LRSO) — a new nuclear-armed cruise missile to outfit strategic bombers — does not.

The primary reason for the modernization program is that many US strategic weapons systems are aging out, and American policy is that, as long as there are nuclear weapons, the United States will maintain a safe, secure and robust nuclear deterrent.

The Ohio-class ballistic missile submarines will begin to hit the end of their service life in the late 2020s, and the Navy will need new submarines. Submarines and submarine-launched ballistic missiles (SLBMs) make up the most survivable leg of the triad, and they carry the bulk of deployed US strategic warheads.

The service life of the Minuteman III intercontinental ballistic missile (ICBM) runs out in 2030. The Air Force seeks a replacement ICBM. At a minimum, keeping an ICBM leg of the triad would require another life extension program for existing Minuteman III missiles.

As for the air-breathing leg of the triad, the Air Force wants to procure 80 to 100 B-21 bombers. Plans are shrouded in secrecy but reportedly will incorporate stealth features and advanced electronic warfare capabilities to allow the aircraft to penetrate contested air space. The Air Force is also modernizing the B61 nuclear gravity bomb for use on strategic bombers.


One can and should question the Pentagon’s desired numbers for these programs. That is especially the case given the projected costs of strategic modernization, which Pentagon officials openly admit they do not know how to fund.

It is not clear why the United States will need to replace 400 deployed ICBMs on a one-for-one basis, particularly as the Air Force several years ago was prepared to go down to 300. A force of 200-300 ICBMs would suffice and result in significant cost savings. Likewise, one can challenge the requirement for 12 new ballistic missile submarines, as opposed to nine or 10.

The biggest question, however, arises over the LRSO, with a projected cost of $20 billion to $30 billion. The Air Force originally developed nuclear-armed air-launched cruise missiles (ALCMs) in the 1970s because the B-52 — then the mainstay of the strategic bomber fleet — presented a big target for adversary radars. That would make it hard for the aircraft to penetrate air defenses. A B-52 armed with ALCMs could remain outside of radar range and release its cruise missiles.

The B-2, with its stealth features, was designed to restore a penetrating capability. The Air Force plans to use stealth and electronic warfare capabilities to give the B-21 a penetrating capability as well. If these bombers can defeat and penetrate air defenses, that makes the LRSO redundant. (Moreover, unlike in the 1970s, the Air Force today has very capable long-range conventionally armed cruise missiles that provide a standoff capability for bombers.)

If, on the other hand, the stealth of the B-21 will be compromised in the not-too-distant future, then one has to question the wisdom of spending $60 billion to $80 billion — and perhaps more — to procure the B-21. If we believe the B-21 would soon encounter problems penetrating air defenses, scrap that program. Buy instead modified Boeing 767s, a variant of which will serve as the Air Force’s new aerial tanker, and arm them with the LRSO.

The Air Force’s evident attachment to the B-21 suggests, however, that it believes that the aircraft will be able to defeat adversary air defenses for some time to come. That means that the LRSO would add little capability to the US strategic force mix.

If one were to argue for the redundant capability provided by the LRSO, the number of new ALCMs that the Pentagon proposes to purchase — 1,000 to 1,100 — is difficult to understand. Even allowing for extra cruise missiles for test purposes, the number seems excessively high.

In its 2010 annual report to Congress on implementation of the Strategic Offensive Arms Reduction Treaty (SORT), the State Department advised that, as of Dec. 31, 2009, the United States had 1,968 operationally deployed strategic nuclear warheads. That figure captured the actual number of nuclear warheads atop SLBMs and ICBMs plus the number of nuclear bombs and ALCMs at air bases for use by bombers.

On June 1, 2011, a State Department fact sheet showed the number of deployed US strategic warheads as 1,800 as of Feb. 5, 2011, when the New Strategic Arms Reduction Treaty (New START) went into force. A Dec. 1, 2011, fact sheet provided a more detailed breakdown of US strategic forces. It stated that, as of Sept. 1, 2011, the United States had 1,790 deployed strategic warheads and 125 deployed strategic bombers. Like SORT, New START counts each warhead on a deployed ballistic missile as a deployed warhead. But New START counts bomber weapons differently from SORT. New START attributes each deployed bomber as one warhead, regardless of the number that it can carry or the number of weapons that may be at bomber bases.

The 125 deployed bombers on Sept. 1, 2011, would have counted as 125 under New START’s deployed strategic warhead total. Reducing 1,790 by 125 yields 1,665 — the number of deployed warheads then on US SLBMs and ICBMs.

Comparing the SORT and New START numbers is a bit of an apples-and-oranges comparison, but it gives some idea of the number of bomber weapons at US strategic bomber bases. Unless there was a dramatic increase in the number of warheads on ICBMs and SLBMs between the end of 2009 and September 2011 — and there is no reason to think that there was — comparing SORT’s 1,968 figure (end of 2009) to the 1,665 deployed warheads on ICBMs and SLBMs (under New START counting rules in September 2011) suggests some 300 nuclear bombs and ALCMs were at bomber bases. The B-2s would have been armed with bombs, which indicates a maximum of 200-250 ALCMs. The Federation of American Scientists (FAS) also estimates that there are about 300 nuclear weapons at strategic bomber bases, of which 200 are nuclear-armed ALCMs. FAS believes an additional 375 ALCM airframes are held in reserve.

This comparison raises the question: Why would 1,000-1,100 ALCM airframes be needed to support a couple of hundred deployed ALCMs?

The United States should sensibly modernize its strategic deterrent, particularly in a time of tight defense budgets. The case for the LRSO is demonstrably weak, especially for the planned size of the program. The LRSO should be shelved.

This piece was originally published in Defense News.

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Publication: Defense News
Image Source: © Kim Hong-Ji / Reuters
     
 
 




stand

The weak case for the long-range stand-off weapon


The Pentagon is embarking on a modernization of U.S. strategic nuclear forces that will cost hundreds of billions of dollars. Much of it makes sense, as key elements of the strategic triad age out and require replacement. As long as nuclear weapons exist, the United States should maintain a robust triad. However, the long-range stand-off weapon (LRSO), a new nuclear-armed air-launched cruise missile, does not make sense.

The U.S. strategic triad consists of intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles (SLBMs), and strategic bombers. This mix gives the Pentagon the ability to hold at risk things that a potential adversary values. The inherent ability to destroy those things provides the basis for deterrence.

ICBMs can hold at risk targets 6,000 miles away. As they are based on mobile ballistic missile submarines, SLBMs can reach targets anywhere on earth. The same is true for weapons carried by the B-2 and B-52 and, in the future, the B-21. With aerial refueling, U.S. strategic bombers have global reach.

So the question arises: What unique target set could the LRSO hold at risk that cannot be threatened by ICBMs, SLBMs, or gravity bombs delivered by stealthy strategic bombers? At a recent panel discussion on the LRSO, the best answer to this question was “certain things”—but the proponent could not articulate what those “things” were. That explains much of the questioning about the LRSO. No one seems able to offer a plausible explanation for what the LRSO could do that other strategic nuclear systems cannot.

The weapon’s justification often seems to boil down to: The Pentagon is replacing other strategic systems because they are old, so it should replace the old nuclear-armed air-launched cruise missile (ALCM) as well. Does that logic hold?

The Air Force developed nuclear-armed ALCMs in the 1970s because the B-52 presented a big target on radar screens. Concern grew that the B-52 could not penetrate Soviet air defenses. A B-52 armed with ALCMs could launch its missiles from well beyond the reach of those air defenses.

Today, however, the Air Force has the stealthy B-2 bomber. It is in the process of procuring 80 to 100 B-21 bombers, which reportedly will incorporate stealth and advanced electronic warfare capabilities. The Department of Energy is already well along in the program to modernize the B61 nuclear gravity bomb. The modernized bomb will be highly accurate and have a variable yield. B-2 and B-21 bombers that can penetrate advanced air defenses and deliver B61 bombs against targets make the LRSO redundant.

Some suggest the LRSO hedges against a compromise of the B-21’s stealth. If that argument has merit, Congress ought to reexamine the wisdom of spending $60 to $80 billion—or perhaps $100 billion—on the bomber. Converted KC-46s (military refueling variants of the Boeing 767) with LRSOs would offer a far cheaper option. The Pentagon, however, seems to believe the B-21 will be capable of defeating advanced air defenses.

That being so, the case for the LRSO is weak. It will cost taxpayers $20 to $30 billion. True, that is a relatively small cost compared to what the Pentagon will pay to replace the Ohio-class ballistic missile submarines or build the B-21. But it is not chump change.

Some LRSO proponents cite the relatively “small” cost to argue that the defense budget can afford it. Current Pentagon officials, however, say they have no idea how to pay for everything they want for strategic modernization. Given the rising cost of mandatory spending such as social security and Medicare, and the pressure to hold down the deficit, the budget problem will not become easier in the 2020s, when the “bow-wave” of strategic modernization spending arrives. The Air Force will likely find itself having to choose between B-21s, KC-46 tankers, F-35 fighters, and the LRSO. It also wants to buy a new ICBM then. It is hard to see how all of that will be affordable.

Funding the LRSO now contributes to a budget time-bomb that the current administration and Congress will leave to their successors. The LRSO seems a redundant weapon without a mission. Shelving the program would defuse part of that time-bomb.

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